MENTAL HEALTH ACT 2009 - SECT 56

MENTAL HEALTH ACT 2009 - SECT 56

56—Powers of authorised officers relating to persons who have or appear to have mental illness

        (1)         This section applies to a person if—

            (a)         an authorised officer believes on reasonable grounds that the person is a patient in respect of whom—

                  (i)         a patient assistance request has been issued under section 54A(1); or

                  (ii)         a patient transport request has been issued under section 55(1); or

            (b)         an authorised officer believes on reasonable grounds that the person is a patient who is absent without leave; or

            (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.

        (2)         An authorised officer may form an opinion about a person under subsection (1)(c) based on the officer's observations of the person's behaviour or appearance or reports about the person's behaviour, appearance or history (which may include reports about matters occurring outside the State).

        (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.

        (4)         An authorised officer who takes the person into his or her care and control must, as soon as practicable—

            (aa)         in the case of a person referred to in subsection (1)(a)(i)—provide such assistance as reasonably required for the purpose of enabling or facilitating the treatment of the person at the place where the person is located; or

            (a)         in the case of a person referred to in subsection (1)(a)(ii)—transport the person, or arrange for the person to be transported by some other authorised officer or by a police officer, in accordance with the patient transport request; or

            (b)         in the case of a person referred to in subsection (1)(b)—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

            (c)         in the case of a person referred to in subsection (1)(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.

        (5)         The powers conferred by this section continue to be exercisable as reasonably required for the purpose of enabling or facilitating the medical examination or treatment of the person.

        (6)         An authorised officer may not administer a drug to restrain a person under this section unless the officer is authorised to do so under the Controlled Substances Act 1984 .

        (7)         A search of a person must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the person any humiliation or offence.

        (8)         Anything taken into the possession of an authorised officer under this section may be held for as long as is necessary for reasons of safety, but must otherwise be returned to the person from whom it was taken or dealt with according to law.