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s 40

Scanning, frisk and ordinary searches of patients

In force
Part 4Searches of patients
Division 4.2Scanning, frisk and ordinary searches of patients

40 Scanning, frisk and ordinary searches of patients

(1)

The director-general may, at any time, direct an authorised health practitioner to conduct a scanning search, frisk search or ordinary search of a patient if the director-general believes on reasonable grounds that it is prudent to conduct the search to protect—

(a)

the safety of anyone at the secure mental health facility; or

(b)

security or good order at the secure mental health facility.

Examples—when search may be conducted

1 on a patient’s admission to the secure mental health facility

2 when a patient returns from leave to the secure mental health facility

3 following a visit from a visitor to the secure mental health facility

(2)

Also, an authorised health practitioner may conduct a scanning search, frisk search or ordinary search of a patient if the authorised health practitioner suspects on reasonable grounds that the patient is carrying—

(a)

a prohibited thing; or

(b)

anything else that creates, or is likely to create, a risk to—

(i)

the personal safety of the patient or anyone else; or

(ii)

security or good order at the secure mental health facility.

Note Section 52 provides for the use of force to carry out searches under this part.

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