Mental Health Act 2016

An authorised doctor may authorise the seclusion of a relevant patient in an authorised mental health service if the authorised doctor is satisfied—

there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and

if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion complies with the direction; and

the seclusion of the relevant patient complies with the restraint, seclusion and other practices policy; and

if a reduction and elimination plan for the relevant patient has been approved under section 267—the seclusion of the relevant patient complies with the plan.

The authorisation must be in writing and state the following—

the period, of not more than 3 hours, during which the relevant patient may be kept in seclusion;

the time at which the seclusion of the relevant patient is to start (the start time);

the time at which the seclusion of the relevant patient is to end (the end time);

the measures that must be taken to ensure the health, safety and comfort of the relevant patient;

the way in which the relevant patient must be observed while kept in seclusion including whether the relevant patient must be observed continuously or at stated intervals of not more than 15 minutes;

whether a health practitioner may remove the relevant patient from seclusion before the end time.

The authorisation may state a start time that is immediately after the end time of a previous authorisation.

However, an authorisation (the proposed authorisation) may not be given if the total period for which the relevant patient has been kept in seclusion under any previous authorisation or under section 263, and may be kept in seclusion under the proposed authorisation, is more than 9 hours in a 24-hour period.

Subsection (4) does not apply if a reduction and elimination plan approved under section 267 provides for the seclusion of the relevant patient, including under section 263, for more than 9 hours in a 24-hour period.