Mental Health Act 2016

The health practitioner in charge of an inpatient unit or other unit within an authorised mental health service, or an appropriately qualified person authorised by the health practitioner, may keep a relevant patient in seclusion in the unit if—

the health practitioner 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 of the relevant patient complies with the direction; and

it is not practicable in the circumstances for an authorised doctor to authorise the seclusion of the relevant patient under section 258; and

the relevant patient is observed continuously during the seclusion; and

the seclusion is for a period of not more than 1 hour; and

as soon as practicable after the start of the seclusion, the health practitioner tells an authorised doctor of the seclusion.

The authorised doctor notified under subsection (1)(d) must—

examine the relevant patient; or

ensure the relevant patient is examined by another authorised doctor.

The authorised doctor who examines the relevant patient must decide whether to authorise the seclusion of the relevant patient under section 258.

Subject to subsection (1)(c), seclusion of the relevant patient under this section ends when the authorised doctor makes the decision mentioned in subsection (3).

This section does not prevent the health practitioner in charge of the unit removing the relevant patient from seclusion before the end of the period mentioned in subsection (1)(c), if satisfied seclusion is no longer necessary to protect the relevant patient or others from physical harm.

Removal of the relevant patient from seclusion under subsection (5) does not affect the authorised doctor’s obligation under subsection (2).

The relevant patient may be kept in seclusion under this section for not more than 3 hours in a 24-hour period.