(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 Chief Psychiatrist; or

(ii) in the case of physical restraint where the patient is a child, the Chief Psychiatrist; or

(iii) in the case of physical restraint where the patient is not a child, the Chief Psychiatrist, 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 Chief Psychiatrist; and

(f) the restraint 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 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 –

(i) 15 minutes; or

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

(b) the restraint must not be applied for a period exceeding 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 restraint 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 restraint should continue or be terminated; and

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

(e) while restrained, 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 restraint –

(i) if the restraint is a chemical restraint, must not be administered with the intention that the patient be restrained by the chemical restraint for more than 6 hours; and

(ii) if the restraint is not a chemical restraint, must not exceed 6 hours; and

(iii) 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 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 Chief Psychiatrist must ensure that standing orders are issued for this section.

(5A)  Consecutive periods of restraint under this section, in respect of an involuntary patient, are only to occur in accordance with the standing orders 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 Chief Psychiatrist has power to intervene in such circumstances– see section 147 .