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s 60

Managing use of force

In force
Part 4Searches of patients
Division 4.8Use of force

60 Managing use of force

(1)

The director‑general must ensure, as far as practicable, that the use of force in relation to the management of patients in a secure mental health facility is always—

(a)

a last resort; and

(b)

in accordance with this division.

(2)

Without limiting section 9 (Directions—secure mental health facilities), the director‑general must make a SMHF direction in relation to the use of force, including provision in relation to the following:

(a)

the circumstances, and by whom, force may be used;

(b)

the kinds of force that may be used.

Note 1 A SMHF direction is a notifiable instrument (see s 9 (4)).

Note 2 The power to make a SMHF direction includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48).

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