Mental Health Act 2015

This section applies to a person (an authorised person) who is authorised to apprehend, remove, detain or take a person to a place under any of the following provisions:

section 44 (Executing removal order);

section 77 (Contravention of mental health order);

section 78 (Contravention of mental health order—absconding from facility);

section 80 (Apprehension);

section 120 (Revocation of leave granted by ACAT);

section 123 (Revocation of leave granted by relevant official);

section 124 (Contravention of forensic mental health order);

section 125 (Contravention of forensic mental health order—absconding from facility);

section 144 (Revocation of leave for correctional patients);

section 144D (Power to apprehend if person escapes from secure mental health facility);

section 181A (Power to return person under conditional release order to approved facility);

section 247 (Apprehension of interstate patient in breach of interstate involuntary treatment order);

section 248 (Apprehension of person in breach of mental health order or forensic mental health order);

section 249 (Interstate transfer—person under psychiatric treatment order or community care order);

section 250 (Interstate transfer—person under forensic psychiatric treatment order or forensic community care order);

section 251 (Transfer to interstate mental health facility—emergency detention);

section 255 (Transfer of person apprehended in another State to approved mental health facility).

The authorised person—

may, with necessary and reasonable assistance and minimum force, enter any premises to apprehend, remove or take the person to a place; and

may use necessary and reasonable assistance to enter premises and apprehend the person; and

must use the minimum amount of force necessary to apprehend the person and remove the person to—

an approved mental health facility; or

another place where the person may be detained for treatment, care or support.