MENTAL HEALTH AND RELATED SERVICES ACT 1998 - SECT 61 Mechanical restraint
MENTAL HEALTH AND RELATED SERVICES ACT 1998 - SECT 61
Mechanical restraint(1) In this section:
"mechanical restraint "means the application of a device (including a belt, harness, manacle, sheet and strap) on a patient's body to restrict the patient's movement, but does not include the use of furniture (including a bed with sides and a chair with a table fitted on its arms) that restricts the patient's capacity to get off the furniture.
"patient "means a person who is being assessed or receiving treatment under this Act.
(2) A person must not apply mechanical restraint to a patient.
Maximum penalty: 40 penalty units.
(2A) Subsection (2) does not apply if the mechanical restraint is applied in accordance with this section.
(3) Mechanical restraint of a patient in an approved treatment facility may only be applied where no other less restrictive method of control is applicable or appropriate and it is necessary for one or more of the following:
(a) for the purpose of medical treatment of the patient;
(b) to prevent the patient from causing injury to himself or herself or any other person;
(c) to prevent the patient from persistently destroying property;
(d) to prevent the patient from absconding from the facility.
(4) Mechanical restraint of a patient must not be applied unless it is approved:
(a) by an authorised psychiatric practitioner; or
(b) in the case of an emergency, by the senior registered nurse on duty.
(5) The senior registered nurse on duty must notify the person-in-charge of the approved treatment facility and an authorised psychiatric practitioner as soon as practicable after approving the mechanical restraint of a patient.
(6) The form of mechanical restraint and its duration must be:
(a) determined by the authorised psychiatric practitioner or senior registered nurse who approves it; and
(b) if the mechanical restraint has been approved by the senior registered nurse on duty – reviewed and, if necessary, re-determined by an authorised psychiatric practitioner as soon as practicable after it has been approved.
(7) Mechanical restraint may be applied to a patient without the patient's consent.
(8) A patient to whom mechanical restraint is applied:
(a) must be kept under continuous observation by a registered nurse or medical practitioner; and
(b) must be reviewed, as clinically appropriate to his or her condition, by a registered nurse at intervals not longer than 15 minutes; and
(c) must be examined by a medical practitioner at intervals not longer than 4 hours; and
(e) must be supplied with bedding and clothing that is appropriate in the circumstances; and
(f) must be provided with food and drink at appropriate times; and
(g) must have access to adequate toilet facilities; and
(h) must be provided with any other psychological and physical care appropriate to the patient's needs.
(10) Mechanical restraint must not be applied to a patient who is admitted as a voluntary patient for longer than a continuous period of 6 hours.
(11) If a medical practitioner, senior registered nurse on duty or an authorised psychiatric practitioner is satisfied, having regard to the criteria specified in subsection (3), that the continued application of mechanical restraint to a patient is not necessary, he or she must, without delay, release the patient from the restraint.
(12) The person-in-charge of an approved treatment facility must ensure that a record is kept of:
(a) the form of mechanical restraint applied; and
(b) the reasons why mechanical restraint was applied; and
(c) the name of the person who approved the mechanical restraint being applied; and
(d) the name of the person who applied the mechanical restraint; and
(e) the period of time the mechanical restraint was applied.
(13) The person-in-charge of an approved treatment facility must ensure that a copy of the record kept under subsection (12) is placed on the patient's medical records.
(14) The principal community visitor must ensure that the record kept under subsection (12) is inspected by a community visitor at intervals not longer than 6 months.
(15) If a patient to whom mechanical restraint has been applied has an adult guardian or decision maker, the person-in-charge of the approved treatment facility must ensure that the adult guardian or decision maker notified of the following as soon as practicable after the application of the restraint:
(a) that mechanical restraint was applied to the patient;
(b) the form of mechanical restraint applied;
(c) the reasons why mechanical restraint was applied;
(d) the period of time the mechanical restraint was applied.