MENTAL HEALTH AND RELATED SERVICES ACT 1998 - SECT 62 Seclusion of patients
MENTAL HEALTH AND RELATED SERVICES ACT 1998 - SECT 62
Seclusion of patients(1) A person must not keep a patient in seclusion.
Maximum penalty: 40 penalty units.
(2) Subsection (1) does not apply if the patient is kept in seclusion:
(a) in accordance with this section; and
(b) approved procedures.
(3) A patient may be kept in seclusion in an approved treatment facility 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 the 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) A patient may be kept in seclusion only where 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 an authorised psychiatric practitioner as soon as practicable after approving a patient being kept in seclusion.
(6) The period the patient is to be kept in seclusion must be:
(a) determined and noted in the patient's case notes by the authorised psychiatric practitioner or senior registered nurse who approves it; and
(b) if the seclusion has been approved by the senior registered nurse on duty:
(i) reviewed by an authorised psychiatric practitioner as soon as practicable after it has been approved; and
(ii) if necessary, re-determined by the practitioner and noted in the patient's case notes.
(7) A patient may be kept in seclusion without his or her consent.
(8) A patient kept in seclusion:
(a) must be visited by a registered nurse at intervals not longer than 15 minutes;
(b) must be examined by a medical practitioner at intervals specified in approved procedures;
(c) must be reviewed by an authorised psychiatric practitioner in accordance with approved procedures;
(d) must be supplied with bedding and clothing that is appropriate in the circumstances;
(e) must be provided with food and drink at appropriate times;
(f) must have access to adequate toilet facilities; and
(g) must be provided with any other psychological and physical care appropriate to the patient's needs.
(10) A patient admitted as a voluntary patient must not be kept in seclusion 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 it is not necessary to continue to keep the patient in seclusion, he or she must without delay release the patient from seclusion.
(12) The person-in-charge of an approved treatment facility must ensure that a record is kept of:
(a) the reasons why a patient was kept in seclusion; and
(b) the name of the person who approved the patient being kept in seclusion; and
(c) the name of the person who kept the patient in seclusion; and
(d) the length of time the patient was kept in seclusion.
(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 a record kept under subsection (12) is inspected by a community visitor at intervals not longer than 6 months.
(15) If a patient who is kept in seclusion 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 is notified of the following as soon as practicable after the seclusion:
(a) that the patient was kept in seclusion;
(b) the reasons why the patient was kept in seclusion;
(c) the length of time the patient was kept in seclusion.
(16) In this section:
"patient "means a person who is being assessed or receiving treatment under this Act.
"seclusion", of a patient, means the confinement of the patient at any time of the day or night alone in a room or area from which free exit is prevented.