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MENTAL HEALTH ACT 2013 (NO. 2 OF 2013) - SECT 57 Restraint

MENTAL HEALTH ACT 2013 (NO. 2 OF 2013) - SECT 57

Restraint

(1)  Except if authorised under any other law, an involuntary patient who is not a forensic patient may be placed under restraint if, and only if –
(a) the patient is in an approved assessment centre or approved hospital; and
(b) the restraint is authorised as being necessary for a prescribed reason by –
(i) in the case of chemical or mechanical restraint, the CCP; or
(ii) in the case of physical restraint where the patient is a child, the CCP; or
(iii) in the case of physical restraint where the patient is not a child, the CCP, a medical practitioner or an approved nurse; and
(c) the person authorising the restraint is satisfied that it is a reasonable intervention in the circumstances; and
(d) the restraint lasts for no longer than authorised under this section; and
(e) the means of restraint employed in the specific case is, in the case of a mechanical restraint, approved in advance by the CCP; and
(f) the restraint 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 under restraint 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 restraint should continue or be terminated; and
(c) the patient must also be examined by an approved medical practitioner at intervals, each of not more than 12 hours; and
(d) the restraint must not be applied 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 restraint, 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 restraint must not be maintained to the obvious detriment of the patient's mental or physical health.
(3)  Nothing in this section is to be taken as conferring any kind of authority for a patient to be placed under restraint as a means of punishment or for reasons of administrative or staff convenience.
(4)  However, nothing in this section applies to or prevents the emergency short-term physical restraint of a patient, subject to and in accordance with relevant CCP standing orders or clinical guidelines, so as to –
(a) prevent the patient from harming himself or herself or others; or
(b) prevent the patient from damaging, or interfering with the operation of, a facility or any equipment; or
(c) break up a dispute or affray involving the patient; or
(d) ensure, if he or she is uncooperative, the patient's movement to or attendance at any place for a lawful purpose.
(5)  Notwithstanding the discretionary nature of the power under section 152(1) , the CCP must ensure that standing orders are issued for this section.
(6)  In this section –
prescribed reason , for placing a patient under restraint, 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 effect the patient's transfer to another facility, whether in this State or elsewhere.

Note 1
The restraint 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 .