Power to restrain or sedate a person
38 Power to restrain or sedate a person
This section applies if—
a person is to be taken to a treatment centre under a detention and treatment order; or
a person is to be transferred to another treatment centre under section 32; or
a person who is granted leave of absence under section 33(1)(a) for the purposes of receiving medical treatment is to be taken to or returned from a medical facility; or
a person who is absent without leave from a treatment centre is to be returned to the treatment centre.
If necessary to enable the person to be taken, transferred or returned safely to the treatment centre or taken to or returned from the medical facility—
S. 38(2)(a) amended by No. 37/2014 s. 10(Sch. item 153.2).
a police officer or an ambulance paramedic may use reasonable force to restrain the person; and
a registered medical practitioner may administer or direct a suitably qualified person to administer sedation to the person.
S. 38(3) amended by No. 39/2010 s. 128(1).
Subsection (2) does not limit the power of an ambulance paramedic or a nurse to administer sedation within the ordinary scope of his or her practice.
S. 38(4) amended by No. 37/2014 s. 10(Sch. item 153.2).
Before the person is taken or returned to the treatment centre or taken to or returned from the medical facility, a police officer may carry out a frisk search or ordinary search of the person if the police officer reasonably suspects that the person is carrying anything that—
presents a danger to the person or anyone else; or
could be used to assist the person to escape.
A frisk search or ordinary search of the person taken or returned to the treatment centre or returned from the medical facility may be carried out by—
the senior clinician or the manager of the treatment centre; or
a person employed or engaged by the treatment centre who has been directed to do so by the senior clinician or the manager of the treatment centre.
The senior clinician or the manager of the treatment centre must not carry out a frisk search or ordinary search of the person or direct any other person to do so unless he or she reasonably suspects that the person is carrying anything that—
presents a danger to the person or anyone else; or
could be used to assist the person to escape.
Before a frisk search or ordinary search is carried out under subsection (4) or (5), the person carrying out the search must explain its purpose to the person being searched.
In this section—
frisk search means—
a search of a person conducted by quickly running the hands over the person's outer clothing or by passing an electronic metal detection device over or in close proximity to the person's outer clothing; and
an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing;
ordinary search means a search of a person or of things in the possession or under the control of a person that may include—
requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and
an examination of those items;
S. 38(8) def. of suitably qualified person amended by No. 39/2010 s. 128(2).
suitably qualified person means—
a nurse; or
an ambulance paramedic.
This Act’s bill:Explanatory memorandumSecond reading speech
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