Criteria for authorising bodily restraint
232 Criteria for authorising bodily restraint
A person cannot give an oral authorisation or make a bodily restraint order in respect of a person unless satisfied of these things —
the person needs to be restrained to —
provide the person with treatment; or
prevent the person from physically injuring himself or herself or another person; or
prevent the person from persistently causing serious damage to property;
and
there is no less restrictive way of providing the treatment or preventing the injury or damage; and
the use of bodily restraint on the person is unlikely to pose a significant risk to the person’s physical health.
A mental health practitioner or the person in charge of a ward cannot give an oral authorisation or make a bodily restraint order in respect of a person unless also satisfied that —
the person needs to be restrained urgently; and
a medical practitioner is not reasonably available to give an oral authorisation or make a bodily restraint order in respect of the person.
This Act’s bill:Explanatory memorandumSecond reading speech
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