Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 386

386 Administrator may search thing received for patient

(1) The administrator of an authorised mental health service, or an appropriately qualified person authorised by the administrator, may open or search anything received at the service for a patient.

(2) However, the administrator may exercise a power under subsection (1) only if the patient is present or has been given the opportunity to be present.

(3) Subsection (2) does not apply if the patient obstructs the administrator in the exercise of the administrator’s powers under subsection (1) .

(4) In this section—

"patient" means—

(a) an involuntary patient; or

(b) a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.

"search" includes search by—

(a) an electronic scanning device; and

(b) a physical examination.