Mental Health (Secure Facilities) Act 2016

The director-general must keep a register of searches carried out at a secure mental health facility under this part.

The register must include the following information in relation to each search:

the name of the patient who was searched or whose personal property or room was searched;

the name of each person present during the search;

the date the patient or the patient’s personal property or room was searched;

the reason for the search;

the kind of search undertaken;

the outcome of the search;

whether a prohibited thing or thing that may affect the security or good order of, or the safety of a patient or other person at, the facility was found during the search;

whether anything was seized during the search and, if so, details of the thing seized;

whether the search revealed information about the commission of an offence and, if so, whether the information was given to the chief police officer;

if the patient received treatment under section 48 (Treatment if patient has ingested or concealed thing—general)—

the treatment the patient received; and

where the patient received the treatment; and

who administered the treatment; and

the outcome of the treatment;

anything else the director-general considers relevant;

anything else prescribed by regulation.

The register may be kept in any form, including electronically, that the director-general decides.

The director-general may correct a mistake, error or omission in the register.

The register must be available for inspection, on request, by a commissioner exercising functions under the Human Rights Commission Act 2005.

Note The following commissioners exercise functions under the Human Rights Commission Act 2005:

 the children and young people commissioner

 the disability and community services commissioner

 the discrimination commissioner

 the health services commissioner

 the public advocate

 the victims of crime commissioner

 the human rights commissioner.

In this section:

search carried out under this part includes treatment given to a patient under section 48 (Treatment if patient has ingested or concealed thing—general).

Division 4.8 Use of force