Limits on communication—mental health order
74 Limits on communication—mental health order
This section applies if—
a mental health order is made in relation to a person; and
the order states that a limit may be imposed on communication between the person and other people.
The relevant official for the order may impose a limit on communication by the person with other people if—
the limit is consistent with the order; and
the relevant official believes on reasonable grounds that the limit is necessary and reasonable to avoid prejudicing the effectiveness of the person’s treatment, care or support.
The relevant official must not impose a limit on communication by the person with someone authorised under a territory law to communicate with the person.
As soon as practicable after imposing a limit on communication by a person, the relevant official must explain to the person, in a way the person is most likely to understand—
the nature of the limit; and
the period for which the limit will be in effect; and
the reason for imposing the limit.
A limit must not be imposed for a period longer than 7 days.
Subsection (5) does not prevent a further limit being imposed immediately after the limit previously imposed ceases to be in effect.
This section has effect despite part 3.1 (Rights in relation to information and communication) but subject to section 75.
This Act’s bill:Explanatory statementSecond reading speech
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