Power to search on belief of possession of harmful thing
388 Power to search on belief of possession of harmful thing
This section applies if a doctor or health practitioner believes the patient may have possession of a harmful thing.
The doctor or health practitioner may—
carry out a general search, scanning search or personal search of the patient; and
if the administrator of the authorised mental health service, or the person in charge of the public sector health service facility, gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and
carry out a search of the patient’s possessions.
The administrator of the service, or the person in charge of the facility, may give approval under subsection (2)(b) if the administrator or person in charge believes a search requiring the removal of clothing is necessary in the circumstances.
A search under this section may be carried out without the patient’s consent.
However, before carrying out a search under this section, the doctor or health practitioner must tell the patient the reasons for the search and how it is to be carried out.
A doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.
This Act’s bill:Explanatory memorandumSecond reading speech
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