Treatment and care of patient without consent and with use of reasonable force
632 Treatment and care of patient without consent and with use of reasonable force
This section applies to the following (each a patient)—
an involuntary patient subject to a treatment authority, forensic order or treatment support order;
a person from another State detained in an authorised mental health service under section 368(3)(b).
Subject to this Act, treatment and care for the patient’s mental condition may be provided to the patient under this Act without the consent of the patient or anyone else.
A person lawfully providing, or lawfully helping to provide, treatment and care to the patient in an authorised mental health service or public sector health service facility may use the force that is necessary and reasonable in the circumstances to provide, or help provide, the treatment and care.
To remove any doubt, it is declared that this section does not authorise the provision of treatment and care to an involuntary patient that is inconsistent with this Act.
Example of treatment and care that is inconsistent with this Act—
a doctor performing electroconvulsive therapy on a person other than under section 236 or 237.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.