(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 Chief Psychiatrist; or

(ii) for any other patient, the Chief Psychiatrist, 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 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 –

(i) 15 minutes; or

(ii) such other intervals as the standing orders may mandate; and

(b) the seclusion must not extend beyond 3 hours unless –

(i) the patient has been assessed by a medical practitioner within those 3 hours; and

(ii) after conducting a physical examination of the patient, a medical practitioner or approved nurse authorises the continuation of the seclusion for one specified period not exceeding 3 hours; and

(c) the patient must be assessed by a medical practitioner at intervals not exceeding 3 hours to see if the seclusion should continue or be terminated; and

(d) the Chief Psychiatrist may impose conditions on the seclusion of the patient at any point during the period of seclusion for the patient; and

(e) while secluded, 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

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

(g) the patient must not be deprived of –

(i) 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

(ii) communication aids that the patient uses in communicating on a daily basis, except as may be strictly necessary for the patient's safety or the preservation of the communication aids for the patient's future use; and

(h) regardless of authorisation, the seclusion –

(i) must not exceed 6 hours; and

(ii) 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, examination or assessment 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.

(4A)  Notwithstanding the discretionary nature of the power under section 152(1) , the Chief Psychiatrist must ensure that standing orders are issued for this section.

(4B)  Consecutive periods of seclusion under this section, in respect of an involuntary patient, are only to occur in accordance with the standing orders issued for this section.

(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 Chief Psychiatrist has power to intervene in such circumstances– see section 147 .