Mental Health Act 2015

If a person is taken to an approved mental health facility under section 80 or the Crimes Act, section 309 (1) (a) (Assessment whether emergency detention required), the person in charge of the facility must detain the person at the facility.

If a doctor or mental health officer believes on reasonable grounds that a person attending an approved mental health facility (voluntarily or otherwise) is a person to whom section 80 (4) (a) to (e) applies, the doctor or mental health officer may detain the person at the facility.

While a person is detained at a facility under subsection (1) or (2), the person in charge of the facility may—

keep the person in the custody that the person in charge considers appropriate; and

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.