(1)  Except if authorised under any other law, an involuntary patient who is not a forensic patient may be placed in seclusion if, and only if –

(a) the patient is in an approved hospital; and

(b) the seclusion is authorised as being necessary for a prescribed reason, by –

(i) for a patient who is a child, the CCP; or

(ii) for any other patient, the CCP, a medical practitioner or approved nurse; and

(c) the person authorising the seclusion is satisfied that it is a reasonable intervention in the circumstances; and

(d) the seclusion lasts for no longer than authorised under this section; and

(e) the seclusion is managed in accordance with any relevant CCP standing orders or clinical guidelines.

(2)  If an involuntary patient who is not a forensic patient is placed in seclusion under this section –

(a) the patient must be clinically observed by a member of the approved hospital's nursing staff at intervals not exceeding 15 minutes or at such different intervals as CCP standing orders may mandate; and

(b) the patient must be examined by a medical practitioner or approved nurse at intervals not exceeding 4 hours to see if the seclusion should continue or be terminated; and

(c) the patient must also be examined by an approved medical practitioner at intervals not exceeding 12 hours; and

(d) the seclusion must not extend beyond 7 hours unless –

(i) the patient has been examined by a medical practitioner within those 7 hours; and

(ii) the extension is authorised by the CCP within those 7 hours; and

(iii) if applicable, each subsequent extension (regardless of duration) is also authorised in advance by the CCP; and

(e) the CCP may impose conditions on any extension authorised under paragraph (d) ; and

(f) the CCP, on authorising an initial extension of the seclusion, must stipulate the maximum timeframe for its continuance; and

(g) the patient must be provided with –

(i) suitable clean clothing and bedding; and

(ii) adequate sustenance; and

(iii) adequate toilet and sanitary arrangements; and

(iv) adequate ventilation and light; and

(v) a means of summoning aid; and

(h) the administration of any prescribed medications to the patient must not be unreasonably denied or delayed; and

(i) the patient must not be deprived of physical aids except as may be strictly necessary for the patient's safety or the preservation of those physical aids for the patient's future use; and

(j) regardless of authorisation, the seclusion must not be maintained to the obvious detriment of the patient's mental or physical health.

(3)  To avoid doubt, an involuntary patient's seclusion is not taken to have been interrupted or terminated merely by reason of –

(a) a scheduled observation or examination under subsection (2) ; or

(b) the giving of any necessary treatment or general health care.

(4)  Nothing in this section is to be taken as conferring any kind of authority for a patient to be placed in seclusion as a means of punishment or for reasons of mere administrative or staff convenience.

(5)  In this section –

prescribed reason , for placing a patient in seclusion, means –

(a) to facilitate the patient's treatment; or

(b) to ensure the patient's health or safety; or

(c) to ensure the safety of other persons; or

(d) to provide for the management, good order or security of an approved hospital.

Note 1

The seclusion of an involuntary patient is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .

Note 2

The CCP has power to intervene in such circumstances – see section 147 .