Today’s correspondent says

Section 56 of the Mental Health Act 2009 (SA) grants Authorised Officers specific legal powers to temporarily take a person into care and control, assess their mental health, and keep them safe if they appear to have a mental illness and are at risk of harming themselves or others.

Currently Medical Officers, some RNs and Paramedics/Ambulance Officers authorised by the SA Ambulance Service CEO can act as authorised officers.

With more Registered Paramedics working in urgent care centres, non-emergency patient transport, mass gathering and event medical teams and industrial/mines sites are they authorised officers to use the powers of Section 56 when a mental health presentation places the patient at risk?

Section 56(1) says:

This section applies to a person if— …

(c)            it appears to an authorised officer that—

(i)             the person has a mental illness; and

(ii)            the person has caused, or there is a significant risk of the person causing, harm to himself or herself or others or property or the person otherwise requires medical examination.

The section goes onto say, at s 56(3):

An authorised officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies:

(a)            the authorised officer may take the person into his or her care and control;

(b)           the authorised officer may transport the person from place to place;

(c)            the authorised officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances;

(d)           the authorised officer may restrain the person by means of the administration of a drug when that is reasonably required in the circumstances;

(e)            the authorised officer may enter and remain in a place where the authorised officer reasonably suspects the person may be found;

(f)             the authorised officer may search the person’s clothing or possessions and take possession of anything in the person’s possession that the person may use to cause harm to himself or herself or others or property.

An authorised officer acting under s 56(1)(c) must (s 56(4)(c)):

(i)             transport the person, or arrange for the person to be transported by some other authorised officer or by a police officer, to a treatment centre or other place for medical examination; and

(ii)            give the person a copy of a written statement in the form approved by the Chief Psychiatrist (a “statement of rights”)—

(A)           informing the patient of his or her legal rights; and

(B)           containing any other information prescribed by the regulations.

The term ‘authorised officer’ means (s 3):

(a) a mental health clinician; or

(b) an ambulance officer; or

(c) a person employed as a medical officer or flight nurse by the Royal Flying Doctor Service of Australia (Central Operations) Incorporated or the Royal Flying Doctor Service of Australia (South Eastern Section); or

(d) a person, or a person of a class, approved by the Chief Psychiatrist, by notice in the Gazette, for the purposes of this definition; or

(e) any other person, or person of a class, prescribed by the regulations for the purposes of this definition;

Those terms are further defined.

A mental health clinician is ‘a person of a class of persons who are engaged in the treatment or care of patients and classified by the Chief Psychiatrist as mental health clinicians for the purposes of this Act’.

The term ‘ambulance officer’:

… means a person who is—

(a)            employed as an ambulance officer, or engaged as a volunteer ambulance officer, with an organisation that provides ambulance services; and

(b)           authorised by the chief executive officer of SA Ambulance Service Inc to exercise the powers conferred by this Act on authorised officers;

The question

The question I am asked is:

With more Registered Paramedics working in urgent care centres, non-emergency patient transport, mass gathering and event medical teams and industrial/mines sites are they authorised officers to use the powers of Section 56 when a mental health presentation places the patient at risk?

The answer is clearly ‘no’. The list of ‘authorised officers’ is set out in the Act.  They would be authorised if they are 

  • ‘classified by the Chief Psychiatrist as mental health clinicians for the purposes of this Act’; or
  • if they are employed by an ‘an organisation that provides ambulance services’ and ‘authorised by the chief executive officer of SA Ambulance Service Inc to exercise the powers conferred … on authorised officers’; or
  • If they, either individually or as part of a class or group are ‘approved by the Chief Psychiatrist, by notice in the [Government] Gazette’ as authorised officers; or 
  • If they, either individually or as part of a class or group are ‘prescribed by the regulations’ as an authorised officer.  

Identifying whether anyone has been classified by the Chief Psychiatrist or authorised by the chief executive of SAAS would require deep digging and perhaps an FOI application.  There are no individuals or class of practitioners listed as authorised officers under the Mental Health Regulations 2025 (SA). 

Conclusion

It follows that just because someone, even a paramedic, may come across a person who they believe has a mental illness and ‘the person has caused, or there is a significant risk of the person causing, harm to himself or herself or others or property or the person otherwise requires medical examination’ it does not make them an authorised officer. In those circumstances they would have to call SAAS and trust that an appropriately authorised ambulance officer attends.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.