Australian Capital Territory Consolidated Acts

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MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 35

Powers in relation to detention, restraint etc

    (1)     This section applies if a psychiatric treatment order has been made in relation to a person.

    (2)     If the chief psychiatrist considers that it is necessary for the treatment and care of the person to detain the person at certain premises, the chief psychiatrist may—

        (a)     take, or authorise someone else to take, the person to the premises and for that purpose—

              (i)     use the force and assistance that is necessary and reasonable to apprehend the person and take the person to the premises stated by the chief psychiatrist; and

              (ii)     if there are reasonable grounds for believing that the person is at particular premises—enter those premises using the force and assistance that is necessary and reasonable; and

        (b)     keep the person at the premises in the custody that the chief psychiatrist considers appropriate; and

        (c)     subject the person to the confinement or restraint that is necessary and reasonable—

              (i)     to prevent the person from causing harm to himself, herself or someone else; or

              (ii)     to ensure that the person remains in custody under the order; and

        (d)     subject the person to involuntary seclusion if satisfied that it is the only way in the circumstances to prevent the person from causing harm to himself, herself or someone else.

    (3)     In acting under this section, the chief psychiatrist must have regard to the matters stated in section 7 (Objectives of Act) and section 9 (Maintenance of freedom, dignity and self-respect).

    (4)     If the chief psychiatrist subjects a person to involuntary restraint or seclusion, the chief psychiatrist must—

        (a)     enter in the person's record the fact of and the reasons for the involuntary restraint or seclusion; and

        (b)     tell the public advocate in writing within 24 hours after the person is subjected to the involuntary restraint or seclusion; and

        (c)     keep a register of the involuntary restraint or seclusion.



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