Powers in relation to forensic psychiatric treatment order
107 Powers in relation to forensic psychiatric treatment order
This section applies if—
a forensic psychiatric treatment order has been made in relation to a person; and
either—
the order requires the person to be detained at an approved mental health facility; or
the chief psychiatrist has made a determination under section 103 (Role of chief psychiatrist—forensic psychiatric treatment order) requiring detention at an approved mental health facility.
The chief psychiatrist may—
detain the person at an approved mental health facility; and
See s 263 (Powers of entry and apprehension) and s 264 (Powers of search and seizure).
subject the person to the minimum confinement or restraint that is necessary and reasonable to—
prevent the person from causing harm to themself or someone else; or
ensure that the person remains in custody under the order; and
subject the person to involuntary seclusion if satisfied that it is the only way in the circumstances to prevent the person from causing harm to themself or someone else; and
determine that the person can be given leave from the facility.
For principles that must be taken into account when exercising a function under this Act, see s 6.
If the chief psychiatrist subjects a person to involuntary seclusion, the chief psychiatrist must ensure that the person is examined by a relevant doctor of the approved mental health facility at least once in each 4‑hour period for which the person is in seclusion.
If the chief psychiatrist determines that a person be given medication for the treatment of the person’s mental illness, the chief psychiatrist may—
approve the giving by appropriately trained people of medication prescribed by a doctor in accordance with the chief psychiatrist’s determination; and
use, or authorise someone else to use, the force and assistance that is necessary and reasonable to give the medication (forcible giving of medication).
If the chief psychiatrist subjects a person to restraint, involuntary seclusion or forcible giving of medication, the chief psychiatrist must—
enter in the person’s record the fact of and the reasons for the restraint, involuntary seclusion or forcible giving of medication; and
tell the public advocate in writing of the restraint, involuntary seclusion or forcible giving of medication; and
keep a register of the restraint, involuntary seclusion or forcible giving of medication.
In this section:
relevant doctor, of a relevant place, means a person employed at the place as a consultant psychiatrist, psychiatric registrar in consultation with a consultant psychiatrist or another doctor in consultation with a consultant psychiatrist.
Division 7.1.5 Forensic community care orders
This Act’s bill:Explanatory statementSecond reading speech
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