Mental Health Act 2014

A medical practitioner or mental health practitioner at an authorised hospital or the person in charge of a ward at an authorised hospital may orally authorise the bodily restraint of any of these people —

a person who is a patient admitted by the authorised hospital;

a person who is referred under section 26(2) or 36(2) for an examination to be conducted by a psychiatrist at the authorised hospital;

a person who is under an order made under section 55(1)(c) or 61(1)(c) to enable an examination to be conducted by a psychiatrist at the authorised hospital.

A person cannot give an oral authorisation in respect of a person unless satisfied of the matters specified in section 232.

A person giving an oral authorisation in respect of a person must specify —

whether physical or mechanical restraint can be used to restrain the person; and

if mechanical restraint can be used —

the device that can be used to restrain the person; and

the way in which the device can be applied to the person’s body.

A person who gives an oral authorisation in respect of a person must, as soon as practicable after the person is restrained under the authorisation —

record the oral authorisation in the approved form, specifying the following —

the date and time when it was given;

the matters specified under subsection (3);

the reasons for giving it;

file the record and give a copy to the person.

A mental health practitioner or the person in charge of a ward who gives an oral authorisation in respect of a person must, as soon as practicable and, in any event, within sufficient time to enable the person to be examined as required by section 238(4) or 239(2)(a), inform a medical practitioner as to whether —

the person is restrained under the oral authorisation; or

the person was restrained under the oral authorisation but has since been released from bodily restraint.

A mental health practitioner or the person in charge of a ward who informs a medical practitioner under subsection (5) must, as soon as practicable —

record in the approved form —

the medical practitioner’s name and qualifications; and

the date and time when the medical practitioner was informed;

file the record and give a copy to the person.

If a bodily restraint order confirming the oral authorisation is not made (either by the person who gave the oral authorisation or, if that person is not reasonably available, another person who is authorised to make a bodily restraint order) as soon as practicable and, in any event, within 30 minutes after the time when the person is restrained under the authorisation —

the person cannot continue to be restrained and must be released from bodily restraint; and

the person who gave the oral authorisation or, if that person is not reasonably available, another person who is authorised to make a bodily restraint order must ensure that the person is informed of that fact and released from bodily restraint.