Mental Health Act 2013

The Chief Psychiatrist may, in relation to an SMHU – require that any person seeking entry to the SMHU be screened; and refuse to allow the person into the SMHU if he or she fails to comply with the requirement.

Without limiting the Chief Psychiatrist's discretion, a person may be wholly or partially exempted from the screening requirement if the relevant screening devices – might pose any kind of medical risk to the person; or might destroy or damage something in the person's possession.

To avoid doubt, medical practitioners, nurses, mental health officers, privileged visitors within the meaning of section 98, police officers, Australian lawyers and SMHU staff members have no immunity from the screening requirement.

Under this section, the controlling authority of the SMHU has the same discretionary powers as the Chief Psychiatrist but, in the event of any disagreement between them, the decision of the Chief Psychiatrist prevails.

In this section – screen means a search of a person's body, clothes or belongings conducted by remote or non-intrusive technical devices such as metal detectors, sensors and X-ray scanners or combinations thereof.