MENTAL HEALTH ACT 2007 - SECT 81
Transport of persons to and from mental health facilities and other health facilities
MENTAL HEALTH ACT 2007 - SECT 81
Transport of persons to and from mental health facilities and other health facilities
81 Transport of persons to and from mental health facilities and other health
facilities
(1) The persons listed below may take to or from a mental health facility or
another health facility any person who is authorised by this Act to be taken,
or transferred, to or from the facility--
(2) A person authorised by this Act to
take a person to or from a mental health facility or other health facility
may--
(a) use reasonable force in exercising functions under this section or
any other provision of this Act applying this section, and
(b) restrain the
person in any way that is reasonably necessary in the circumstances.
(3) A
person may be sedated, by a person authorised by law to administer the
sedative, for the purpose of being taken to or from a mental health facility
or other health facility under this Act if it is necessary to do so to enable
the person to be taken safely to or from the facility.
(4) A person authorised by this Act to take a person to or
from a mental health facility or other health facility may carry out a
frisk search or an ordinary search of the person, if the person reasonably
suspects that the other person is carrying anything--
(a) that would present a
danger to the person or any other person, or
(b) that could be used to assist
the other person to escape from the person's custody.
(5) The person may
seize and detain a thing found in a search if it is a thing of a kind referred
to in subsection (4) (a) or (b).
(6) In this section--
"frisk search" means--
(a) a search of a person conducted by quickly running
the hands over the person's outer clothing or by passing an electronic metal
detection device over or in close proximity to the person's outer clothing, or
(b) an examination of anything worn or carried by the person that is
conveniently and voluntarily removed by the person, including an examination
conducted by passing an electronic metal detection device over or in close
proximity to that thing.
"ordinary search" means a search of a person or of articles in the possession
of the person that may include--
(a) requiring the person to remove only his
or her overcoat, coat or jacket or similar article of clothing and any gloves,
shoes, socks and hat, and