Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 250

250 Authorisation of use of mechanical restraint by authorised doctor

(1) An authorised doctor may authorise the use of mechanical restraint on a relevant patient in an authorised mental health service if the authorised doctor is satisfied—

(a) there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and

(b) the authorisation complies with the approval given by the chief psychiatrist under section 249 ; and

(c) the authorisation complies with the restraint, seclusion and other practices policy; and

(d) if a reduction and elimination plan for the relevant patient has been approved under section 267 —the authorisation complies with the plan.

(2) The authorisation must be in writing and state the following—

(a) the period, of not more than 3 hours, during which mechanical restraint may be used on the relevant patient;

(b) the approved device that must be used;

(c) the time at which the use of mechanical restraint on the relevant patient is to start (the
"start time" );

(d) the time at which the use of mechanical restraint on the relevant patient is to end (the
"end time" );

(e) the measures that must be taken to ensure the health, safety and comfort of the relevant patient;

(f) the way in which the relevant patient must be observed continuously while restrained;

(g) whether a health practitioner may end the use of mechanical restraint before the end time.

(3) The authorisation may state a start time that is immediately after the end time of a previous authorisation.

(4) However, an authorisation (the
"proposed authorisation" ) may not be given if the total period for which mechanical restraint has been used on the relevant patient under any previous authorisation, and may be used on the relevant patient under the proposed authorisation, is more than 9 hours in a 24-hour period.

(5) Subsection (4) does not apply if a reduction and elimination plan approved under section 267 provides for the use of mechanical restraint on the relevant patient for more than 9 hours in a 24-hour period.