Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 375

375 Power to use mechanical restraint

(1) The power of the authorised person to transport the person includes the power to use mechanical restraint on the person if the person is an involuntary patient.

(2) However, the mechanical restraint may be used only if—

(a) the chief psychiatrist has given approval, under subsection (3) , for the authorised person to use mechanical restraint on the person; and

(b) there is no other reasonably practicable way to protect the person or others from physical harm; and

(c) the device used is an approved device; and

(d) the use of mechanical restraint on the person, including applying the device to the person, is with no more force than is necessary and reasonable in the circumstances; and

(e) the person is observed continuously while restrained.

(3) The chief psychiatrist may give approval for an authorised person to use, under this section, mechanical restraint on the person if the chief psychiatrist is satisfied there is no other reasonably practicable way to protect the person or others from physical harm.

(4) The approval must state—

(a) the purpose for which mechanical restraint may be used on the person; and

(b) the period during which an authorised person may use mechanical restraint on the person; and

(c) the approved device that must be used; and

(d) any other conditions the chief psychiatrist considers appropriate.

(5) For subsection (4) (a) , the purpose for which mechanical restraint may be used on the person includes examining, carrying out a diagnostic test on, or providing treatment and care to, the person.