{"id":"a-2016-31","name":"Mental Health (Secure Facilities) Act 2016","slug":"mental-health-secure-facilities-act-2016","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"31 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23939,"registerId":"act-a-2016-31-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mental Health (Secure Facilities) Act 2016","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMental Health (Secure Facilities)\nAct 2016\nA2016-31\nRepublication No 6\nEffective: 26 December 2025\nRepublication date: 26 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Mental Health (Secure Facilities) Act 2016 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMental Health (Secure Facilities)\nAct 2016\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Application of Act 3\n7 What is a secure mental health facility? 3\n8 Terms used in Mental Health Act 2015 3\n\nContents\nPage\ncontents 2 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Administration\n9 Directions—secure mental health facilities 4\n10 Prohibited things 5\n11 Directions to workers 5\n12 Director-general—delegations 6\n13 Treatment of child or young person patient 6\nPart 3 Contact\nDivision 3.1 Contact generally\n14 Meaning of contact 8\n15 Contact—general considerations 8\n16 Contact with family and others—generally 9\n17 Limits on contact with others 9\n18 Limits on contact with others—register 10\n19 Patient may request no contact with stated person 11\n20 Request by others for no contact with patient 12\n21 Patient contact with others—court-ordered restrictions 13\n22 Patient contact with others—record 14\nDivision 3.2 Contact—monitoring electronic communications\n23 Monitoring electronic communications 14\n24 Electronic communications—directions 15\nDivision 3.3 Contact—monitoring mail\n25 Monitoring mail 15\n26 Mail searches—consequences 17\n27 Searched mail—register 17\nDivision 3.4 Contact—visitors\n28 Visiting conditions—direction—general 18\n29 Visiting conditions—notice 19\n30 Visiting conditions—compliance 19\n31 Visits by accredited people 20\n32 Visits by public trustee and guardian etc 20\n33 Visits by family, friends and others 21\n34 Directions to visitors 22\n\nContents\nPage\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Taking prohibited things into secure mental health facility 23\n36 Visitors—searches 23\n37 Searches of visitors—requirements 25\n38 Searches of visitors—child visitors 25\nPart 4 Searches of patients\nDivision 4.1 Searches of patients—preliminary\n39 Definitions 27\nDivision 4.2 Scanning, frisk and ordinary searches of patients\n40 Scanning, frisk and ordinary searches of patients 28\n41 Scanning, frisk and ordinary searches—requirements 29\n42 Scanning, frisk and ordinary searches—record 29\nDivision 4.3 Strip searches\n43 Meaning of seizeable item—div 4.3 30\n44 Strip searches—when may be conducted 30\n45 Strip searches—presence of authorised health practitioners 31\n46 Strip searches—general rules 31\n47 Strip search—record 32\nDivision 4.4 Treatment—patient has ingested or concealed\nsomething\n48 Treatment if patient has ingested or concealed thing—general 33\n49 Treatment if patient has ingested or concealed thing—record etc 34\nDivision 4.5 Searches of premises and personal property etc\n50 Searches—premises and personal property etc 34\n51 Searches of premises and personal property etc—record 35\n52 Searches—use of force 36\nDivision 4.6 Seizing property\n53 Seizing property—general 36\n54 Receipt for things seized 37\n55 Forfeiture of things seized 37\n56 Return of things seized but not forfeited 38\n57 Application for order disallowing seizure 39\n58 Order for return of seized thing 39\n\nContents\nPage\ncontents 4 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.7 Searches—register\n59 Searched premises and personal property—register 40\nDivision 4.8 Use of force\n60 Managing use of force 42\n61 Authorised use of force 42\n62 Application of force 43\n63 Medical examination after use of force 43\n64 Use of force—record 43\n65 Use of force—register 44\nPart 5 Notification and review of decisions\n66 Meaning of reviewable decision––pt 5 46\n67 Reviewable decision notices 46\n68 Applications for review 47\nPart 6 Authorised people\n69 Appointment of authorised people 48\n70 Authorised people—functions 50\n71 Damage etc to be minimised 50\n72 Identity cards 51\nPart 7 Miscellaneous\n73 Prohibited things—tradespeople 52\n74 Health care 52\n75 Protection of officials from liability 53\n76 Determination of fees 54\n78 Regulation-making power 54\n\nContents\nPage\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\ncontents 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions 55\nDictionary 57\nEndnotes\n1 About the endnotes 61\n2 Abbreviation key 61\n3 Legislation history 62\n4 Amendment history 63\n5 Earlier republications 64\n\n\n\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMental Health (Secure Facilities)\nAct 2016\nAn Act for the operation and management of secure mental health facilities\n\nPart 1 Preliminary\nSection 1\npage 2 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Mental Health (Secure Facilities) Act 2016.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘child—see the Children and Young\nPeople Act 2008, section 11.’ means that the term ‘child’ is defined in\nthat section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Application of Act\nThis Act applies to an approved mental health facility declared by the\nMinister under section 7 to be a secure mental health facility.\n7 What is a secure mental health facility?\n(1) The Minister may declare an approved mental health facility to be a\nsecure facility (a secure mental health facility).\n(2) The Minister may declare an approved mental health facility to be a\nsecure mental health facility only if the approved mental health\nfacility—\n(a) is conducted by the Territory; and\n(b) provides for, or will provide for, the involuntary detention and\ntreatment of people, including correctional patients and forensic\npatients.\n(3) A declaration is a notifiable instrument.\nNote Approved mental health facility—see the Mental Health Act 2015,\ndictionary.\n8 Terms used in Mental Health Act 2015\nA term used in the Mental Health Act 2015 has the same meaning in\nthis Act.\nNote A definition applies except so far as the contrary intention appears (see\nLegislation Act, s 155).\n\nPart 2 Administration\nSection 9\npage 4 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Administration\n9 Directions—secure mental health facilities\n(1) The director-general may make directions in relation to a secure\nmental health facility (a SMHF direction) to facilitate the effective\nand efficient management of the facility.\nNote Power to make a statutory instrument includes power to make different\nprovision in relation to different matters or different classes of matters,\nand to make an instrument that applies differently by reference to stated\nexceptions or factors (see Legislation Act, s 48).\n(2) A SMHF direction must be consistent with—\n(a) this Act and the Mental Health Act 2015; and\n(b) if the direction applies to a health practitioner—the registration\nstandards for the health practitioner.\n(3) A worker at a secure mental health facility must comply with a SMHF\ndirection.\nNote Worker—see the dictionary.\n(4) A SMHF direction is a notifiable instrument.\n(5) In this section:\nregistration standard, for a health practitioner, means the registration\nstandard developed by the National Board established for the health\nprofession under the Health Practitioner Regulation National Law.\n\nAdministration Part 2\nSection 10\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Prohibited things\nThe director-general may declare, in a SMHF direction, that a thing\nis a prohibited thing for a secure mental health facility.\nExamples—prohibited thing\n• a mobile phone\n• a laptop or other electronic communication device\n• a knife\nNote 1 Power to make a statutory instrument includes power to make different\nprovision in relation to different matters or different classes of matters\n(see Legislation Act, s 48).\nNote 2 A SMHF direction is a notifiable instrument (see s 9 (4)).\n11 Directions to workers\n(1) The person in charge of a secure mental health facility may direct a\nworker at the facility to give the assistance that the person in charge\nbelieves on reasonable grounds is necessary and reasonable for the\nsecurity and good order of the secure mental health facility.\n(2) The worker must comply with the direction.\n(3) If the person in charge of a secure mental health facility directs a\nworker who is an authorised person to assist an authorised health\npractitioner in a clinical area of the facility, the person in charge\nmust—\n(a) make a written record of the direction; and\n(b) make the record available for inspection by the director-general.\n\nPart 2 Administration\nSection 12\npage 6 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Director-general—delegations\nThe director-general may delegate the director-general’s functions\nunder this Act to an authorised health practitioner.\nExample\nThe director-general delegates to an authorised health practitioner the\ndirector-general’s function in relation to searching a patient in the secure mental\nhealth facility.\nNote 1 For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\nNote 2 Authorised health practitioner—see the dictionary.\n13 Treatment of child or young person patient\n(1) This section applies if a patient is a child or young person.\n(2) In making a decision under this Act in relation to the patient, a\ndecision-maker must—\n(a) regard the best interests of the patient as the paramount\nconsideration; and\n(b) have regard to the principles mentioned in the CYP Act,\nsection 9 (Principles applying to Act) where relevant, except\nwhen it is, or would be, contrary to the best interests of the\npatient; and\n(c) if the patient is an Aboriginal or Torres Strait Islander person—\ntake into account the matters mentioned in the CYP Act,\nsection 10 (Aboriginal and Torres Strait Islander children and\nyoung people principle); and\n(d) consider each of the youth justice principles mentioned in the\nCYP Act, section 94 (Youth justice principles) that is relevant.\n(3) A decision-maker must, if practicable and appropriate, have\nqualifications, experience or skills suitable to apply the principles\nmentioned in subsection (2) in making decisions under the Act in\nrelation to patients who are children or young people.\n\nAdministration Part 2\nSection 13\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nAboriginal or Torres Strait Islander person—see the CYP Act,\ndictionary.\nCYP Act means the Children and Young People Act 2008.\n\nPart 3 Contact\nDivision 3.1 Contact generally\nSection 14\npage 8 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Contact\nDivision 3.1 Contact generally\n14 Meaning of contact\nIn this Act:\ncontact, between a patient and another person, includes—\n(a) any form of oral communication, whether face-to-face or by\ntelephone or other electronic communication; and\nExamples—other electronic communication\n• Skype\n• Facetime\n(b) any form of written communication, including by electronic\ncommunication.\nExamples—written electronic communication\n• SMS\n• email\n15 Contact—general considerations\nIn exercising a function under this part, the director-general must\nensure the following are balanced appropriately:\n(a) the benefits of patients maintaining contact with family, friends\nand others;\n(b) the need to protect the privacy of patients;\n(c) the need to protect the safety of patients, mental health officers,\nauthorised health practitioners, authorised people and other\npeople who work at or visit a secure mental health facility;\n(d) the need for security and good order at a secure mental health\nfacility;\n\nContact Part 3\nContact generally Division 3.1\nSection 16\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the need to prevent prohibited things entering a secure mental\nhealth facility;\n(f) anything else the director-general considers on reasonable\ngrounds to be relevant.\n16 Contact with family and others—generally\n(1) The director-general must ensure, as far as practicable, that adequate\nopportunities are provided for patients to be able to contact family\nmembers, friends and others.\n(2) In particular, the director-general must ensure that adequate facilities\nare available for a patient to contact an accredited person.\nNote Accredited person—see the dictionary.\n(3) The director-general may make a SMHF direction about the provision\nof, and access to, communications facilities at a secure mental health\nfacility.\nExamples—communications facilities\n• telephones\n• internet access\n(4) Subsection (1) is subject to the following sections:\n(a) section 17 (Limits on contact with others);\n(b) section 20 (Request by others for no contact with patient);\n(c) section 21 (Patient contact with others—court-ordered\nrestrictions).\n17 Limits on contact with others\n(1) The director-general may, in consultation with the chief psychiatrist,\nlimit a patient’s contact with others if the director-general believes on\nreasonable grounds that the limit is necessary and reasonable to avoid\nprejudicing the effectiveness of the patient’s treatment, care or\nsupport.\n\nPart 3 Contact\nDivision 3.1 Contact generally\nSection 18\npage 10 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The director-general must not impose a limit on contact by the patient\nwith someone authorised under a territory law to communicate with\nthe patient.\nExamples\n• an official visitor\n• the public trustee and guardian\n(3) As soon as practicable after imposing a limit on contact by a patient\nwith others, the director-general must explain to the patient, in a way\nthe patient is most likely to understand—\n(a) the nature of the limit; and\n(b) the period for which the limit will be in effect; and\n(c) the reason for imposing the limit.\n(4) A limit must not be imposed for longer than 7 days.\n(5) Subsection (3) does not prevent a further limit being imposed\nimmediately after the limit previously imposed ceases to be in effect.\n18 Limits on contact with others—register\n(1) If the director-general makes a decision under section 17 (1), the\ndirector-general must record the decision, and the reason for the\ndecision, in a register kept by the director-general for that purpose.\nNote A decision under s 17 (1) in relation to a patient, and the reason for it,\nmust also be recorded in the patient’s health record (see s 22).\n(2) The register must include the following information:\n(a) the name of the patient in relation to whom contact is limited;\n(b) the details of the decision, including the date it was made, the\nlength it is imposed for and the reasons for the decision;\n(c) anything else the director-general considers necessary;\n(d) anything else prescribed by regulation.\n\nContact Part 3\nContact generally Division 3.1\nSection 19\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The register may be kept in any form, including electronically, that\nthe director-general decides.\n(4) The director-general may correct a mistake, error or omission in the\nregister.\n(5) The register must be available for inspection, on request, by a\ncommissioner exercising functions under the Human Rights\nCommission Act 2005.\nNote The following commissioners exercise functions under the Human Rights\nCommission Act 2005:\n• the children and young people commissioner\n• the disability and community services commissioner\n• the discrimination commissioner\n• the health services commissioner\n• the public advocate\n• the victims of crime commissioner\n• the human rights commissioner.\n19 Patient may request no contact with stated person\n(1) This section applies if a patient tells the person in charge of a secure\nmental health facility the patient does not want to be contacted by a\nstated person.\n(2) The person in charge of the facility must take reasonable steps to\nprevent the stated person contacting the patient.\nExamples—reasonable steps\n1 not allowing the stated person to visit the patient\n2 not delivering mail from the stated person to the patient\n3 not giving the patient telephone messages from the stated person\nNote The name and contact details of the person the patient does not want\ncontact with must be recorded in the patient’s health record (see s 20).\n\nPart 3 Contact\nDivision 3.1 Contact generally\nSection 20\npage 12 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, if the stated person is a health practitioner involved in the\npatient’s care or treatment, the person in charge of the facility must\nnot prevent the stated person contacting the patient unless satisfied on\nreasonable grounds there are good reasons why the stated person\nshould not contact the patient.\n(4) The patient may, at any time, tell the person in charge of the facility\nif the patient wants to again be contacted by the stated person.\n(5) The director-general may make a SMHF direction about steps to be\ntaken for subsection (2).\nNote A SMHF direction is a notifiable instrument (see s 9 (4)).\n20 Request by others for no contact with patient\n(1) This section applies if a person (the complainant) tells the person in\ncharge of a secure mental health facility that the complainant does not\nwant to be contacted by a stated patient in the facility.\n(2) If the person in charge of the facility is satisfied there are good\nreasons why the patient should not contact the complainant, the\nperson in charge of the facility must—\n(a) tell the patient about the complainant’s request; and\n(b) take reasonable steps to prevent the patient contacting the\ncomplainant.\nExample—good reason\ninappropriate or threatening behaviour towards the complainant\n(3) The person in charge of the facility must keep all mail from the patient\naddressed to the complainant until—\n(a) the complainant tells the person in charge that the patient may\ncontact the complainant; or\n(b) the patient is discharged from the facility.\nNote The name and contact details of the complainant must be recorded in the\npatient’s health record (see s 22).\n\nContact Part 3\nContact generally Division 3.1\nSection 21\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the patient is discharged from the facility, the person in charge of\nthe facility must give the mail to—\n(a) if the patient is discharged to a correctional centre—the\ncorrections director-general; or\n(b) in any other case—the patient.\nNote 1 Correctional centre—see the Corrections Management Act 2007,\ndictionary.\nNote 2 Corrections director-general—see the Mental Health Act 2015,\ndictionary.\n21 Patient contact with others—court-ordered restrictions\n(1) This section applies if a court orders that a patient is not to contact\nanother person (the non-contactable person).\n(2) The director-general must take reasonable steps to prevent the patient\ncontacting the non-contactable person.\nNote The name and contact details of the non-contactable person must be\nrecorded in the patient’s health record (see s 22).\n(3) The person in charge of the secure mental health facility must keep\nall mail from the stated patient addressed to the non-contactable\nperson until—\n(a) the order ends or the court orders otherwise; or\n(b) the patient is discharged from the facility.\n(4) However, if the patient is a correctional patient returning to a\ncorrectional centre, the person in charge of the facility must give all\nmail from the patient addressed to the non-contactable person to the\ncorrections director-general.\nNote Correctional patient—see the Mental Health Act 2015, s 135.\nCorrections director-general—see the Mental Health Act 2015,\ndictionary.\n\nPart 3 Contact\nDivision 3.2 Contact—monitoring electronic communications\nSection 22\npage 14 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Patient contact with others—record\nThe person in charge of a secure mental health facility must record\nthe following information in a patient’s health record:\n(a) if a decision is made under section 17 (1) (Limits on contact with\nothers) to limit a patient’s contact with others—the decision, the\nreason for the decision and the period for which contact is\nlimited;\n(b) if section 19 (Patient may request no contact with stated person)\napplies to the patient—the names and contact details of the\npeople the patient does not want to be contacted by;\n(c) if section 20 (Request by others for no contact with patient) or\nsection 21 (Patient contact with others—court-ordered\nrestrictions) applies to the patient—the names and contact\ndetails of the people the patient must not contact.\nDivision 3.2 Contact—monitoring electronic\ncommunications\n23 Monitoring electronic communications\n(1) The director-general must ensure that—\n(a) a secure mental health facility has an area (an electronic\ncommunications area) where electronic communication\nfacilities are available for use by patients in the facility; and\n(b) patients are supervised at all times while in the electronic\ncommunications area; and\n(c) patients do not use an electronic communication device or other\nmeans to capture visual data of the patient or another person.\n\nContact Part 3\nContact—monitoring mail Division 3.3\nSection 24\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The director-general may monitor communications in the electronic\ncommunications area, other than between a patient and an accredited\nperson, if the director-general believes on reasonable grounds that the\nmonitoring is necessary and reasonable to avoid prejudicing the\neffectiveness of the patient’s treatment, care or support.\n(3) The director-general must tell the parties to the communication—\n(a) that it might be monitored; and\n(b) if it is monitored—that it has been monitored.\n(4) In this section:\ncapture visual data—a person captures visual data of another person\nif the person captures moving or still images of the other person by a\ncamera or any other means in such a way that—\n(a) a recording is made of the images; or\n(b) the images are capable of being transmitted in real time with or\nwithout retention or storage in a physical or electronic form; or\n(c) the images are otherwise capable of being distributed.\n24 Electronic communications—directions\nThe director-general may make a SMHF direction about access to and\nsupervision of electronic communication facilities in a secure mental\nhealth facility.\nNote A SMHF direction is a notifiable instrument (see s 9 (4)).\nDivision 3.3 Contact—monitoring mail\n25 Monitoring mail\n(1) This section applies if the director-general suspects on reasonable\ngrounds that the contents of the mail of a patient—\n(a) includes a prohibited thing; or\n\nPart 3 Contact\nDivision 3.3 Contact—monitoring mail\nSection 25\npage 16 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) may affect the security or good order of, or the safety of a patient\nor other person at, the facility.\n(2) However, this section does not apply to mail a patient sends to or\nreceives from an accredited person.\nNote Accredited person—see the dictionary.\n(3) The director-general may search the patient’s mail.\n(4) The director-general must—\n(a) before searching a patient’s mail—tell the patient about the\ndirector-general’s suspicion and that the patient’s mail will be\nsearched; and\n(b) allow the patient, or a person named by the patient, to be present\nwhen the mail is searched.\n(5) The director-general must record in the patient’s health record the\ndetails of a search conducted under this section including—\n(a) the date of the search; and\n(b) the reasons for the search; and\n(c) the outcome of the search.\n(6) In this section:\nmail, of a patient, means—\n(a) mail addressed to the patient; or\n(b) mail from the patient addressed to another person.\nsearch, a patient’s mail—\n(a) includes search the mail—\n(i) with a device using electronic or other technology; and\n(ii) by physical means; but\n(b) does not include reading any correspondence included in the\nmail.\n\nContact Part 3\nContact—monitoring mail Division 3.3\nSection 26\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Mail searches—consequences\n(1) The director-general must deliver a patient’s mail searched under\nsection 25 (Monitoring mail) to the addressee as soon as practicable.\n(2) Subsection (1) is subject to section 53 (Seizing property—general).\n(3) If a search of the patient’s mail reveals information about the\ncommission of a serious offence, the director-general must give the\ninformation to the chief police officer.\n(4) In this section:\nserious offence means an offence punishable by imprisonment for\n5 years or longer, and includes an offence in another jurisdiction that\nwould be a serious offence if committed in the ACT.\n27 Searched mail—register\n(1) The director-general must keep a register of mail searched under\nsection 25 (Monitoring mail).\n(2) The register must include the following information in relation to\neach item of mail searched:\n(a) the name of the patient whose mail was searched;\n(b) the date the mail was searched;\n(c) whether the mail contained a prohibited thing;\n(d) whether the search revealed information about the commission\nof a serious offence and, if so, whether the information was\ngiven to the chief police officer;\n(e) the date the mail was given to the addressee;\n(f) anything else prescribed by regulation.\n(3) The register may be kept in any form, including electronically, that\nthe director-general decides.\n\nPart 3 Contact\nDivision 3.4 Contact—visitors\nSection 28\npage 18 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The director-general may correct a mistake, error or omission in the\nregister.\n(5) The register must be available for inspection, on request, by a\ncommissioner exercising functions under the Human Rights\nCommission Act 2005.\nNote The following commissioners exercise functions under the Human Rights\nCommission Act 2005:\n• the children and young people commissioner\n• the disability and community services commissioner\n• the discrimination commissioner\n• the health services commissioner\n• the public advocate\n• the victims of crime commissioner\n• the human rights commissioner.\n(6) In this section:\nserious offence—see section 26 (4).\nDivision 3.4 Contact—visitors\n28 Visiting conditions—direction—general\n(1) The director-general may make a SMHF direction about conditions\nfor visiting a secure mental health facility.\n(2) The direction may include conditions relating to the following:\n(a) times and length of visits;\n(b) the number of visitors allowed for each patient at a time;\n(c) the provision of evidence of a visitor’s identity or status;\n(d) the provision of biometric information to verify a visitor’s\nidentity;\n(e) procedures in relation to visitors who are accredited people;\n\nContact Part 3\nContact—visitors Division 3.4\nSection 29\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) procedures in relation to visitors who are children;\n(g) circumstances in which visitors may be monitored;\n(h) facilities for visitors, including storage for personal property;\n(i) prohibited things;\n(j) anything else the director-general considers necessary to protect\nsecurity or good order at the secure mental health facility.\nNote The Information Privacy Act 2014 applies to personal information about\nvisitors collected under this section.\n29 Visiting conditions—notice\nThe director-general must take reasonable steps to bring any visiting\nconditions for a secure mental health facility to the attention of\nvisitors at the facility.\nExamples\n1 making the direction available on the facility’s website\n2 displaying a copy of the conditions prominently at each entrance to the facility\nNote A SMHF direction is a notifiable instrument (see s 9 (4)).\n30 Visiting conditions—compliance\n(1) A visitor to a secure mental health facility must comply with the\nvisiting conditions for the facility.\n(2) If a visitor fails to comply with a visiting condition, the person in\ncharge of the facility may direct the visitor to leave the facility.\n(3) The person in charge of the secure mental health facility must—\n(a) keep a written record of all directions given under\nsubsection (2); and\n(b) each year, give the director-general a report about all directions\ngiven under subsection (2) during the year.\n\nPart 3 Contact\nDivision 3.4 Contact—visitors\nSection 31\npage 20 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the person in charge of a secure mental health facility directs a\nvisitor to leave the facility, the person must give the visitor a written\nstatement that includes—\n(a) the reason for the direction; and\n(b) a copy of the visiting conditions for the facility.\n31 Visits by accredited people\n(1) The person in charge of a secure mental health facility may, for a\nreason relating to the safety of the accredited person or a patient in\nthe facility, direct an accredited person to leave the facility.\nExamples—reasons relating to safety of accredited person or patient\n• a disturbance at the secure mental health facility\n• a fire at the secure mental health facility\n• clinical reasons related to the patient’s treatment\n(2) The person in charge must, as soon as practicable, tell the\ndirector-general about the direction and the reason for it.\n32 Visits by public trustee and guardian etc\n(1) The following people may, at any reasonable time, enter a secure\nmental health facility following a request from a patient at the facility\nor on the person’s own initiative:\n(a) the public trustee and guardian;\n(b) a commissioner exercising functions under the Human Rights\nCommission Act 2005;\n(c) an accredited person;\n(d) a person prescribed by regulation.\nNote 1 The following commissioners exercise functions under the Human Rights\nCommission Act 2005:\n• the children and young people commissioner\n• the disability and community services commissioner\n\nContact Part 3\nContact—visitors Division 3.4\nSection 33\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• the discrimination commissioner\n• the health services commissioner\n• the public advocate\n• the victims of crime commissioner\n• the human rights commissioner.\nNote 2 An official visitor may enter a visitable place at any reasonable time\nfollowing a complaint from an entitled person or on the official visitor’s\nown initiative (see Official Visitor Act 2012, s 15 (1)). A mental health\nfacility is a visitable place for the purposes of the Official Visitor Act 2012\n(see Mental Health Act 2015, s 211).\n(2) The director-general may decide that a nominated time is not a\nreasonable time if the director-general believes on reasonable\ngrounds the person’s safety would be at risk if the person visited the\nfacility at the time nominated.\nExample—time that would not be reasonable\nan emergency in relation to a patient at the mental health facility\n(3) The director-general must give the person any reasonable assistance\nthe person asks for to exercise the person’s functions at the secure\nmental health facility.\nExamples\n1 giving access to documents and records relating to a complaint\n2 answering reasonable questions about the facts of a complaint\n3 giving reasonable access to facilities\nNote The director-general must give an official visitor any reasonable\nassistance the official visitor asks for to exercise their functions at a\nsecure mental health facility (see Official Visitor Act 2012, s 18 (2)).\n(4) The director-general must not give the person access to a patient’s\nhealth record without the patient’s consent.\n33 Visits by family, friends and others\n(1) This section applies if the director-general has made a decision under\nsection 17 (2) (Limits on contact with others) to restrict contact with\na patient.\n\nPart 3 Contact\nDivision 3.4 Contact—visitors\nSection 34\npage 22 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The director-general or the person in charge of the facility may\nrequire a person (an intending visitor) wanting to visit the patient to\nmake an appointment to do so.\n(3) The director-general or person in charge of the facility may refuse to\nallow the intending visitor to visit the patient if the director-general\nbelieves on reasonable grounds that the refusal is necessary and\nreasonable to avoid prejudicing the effectiveness of the patient’s\ntreatment, care or support.\n(4) If the person in charge of the facility refuses to allow an intending\nvisitor to visit the patient, the person must, as soon as practicable,\ngive the intending visitor and the director-general written notice of\nthe decision and the reasons for it.\n34 Directions to visitors\n(1) The director-general may, orally or in writing, give a direction to a\nvisitor at a secure mental health facility to do, or not do, something if\nthe director-general believes on reasonable grounds that the direction\nis necessary and reasonable—\n(a) to ensure compliance with the visiting conditions; or\n(b) for the safety of other patients or staff at the facility.\n(2) A direction under subsection (1) may include a direction to—\n(a) not enter the facility; or\n(b) leave the facility.\n(3) If a direction is given in relation to a visitor who is a child, the\ndirector-general must tell the child’s parent or someone else with\nparental responsibility for the child about the direction and the\nreasons for it.\nNote Person with parental responsibility, for a child—see the dictionary.\n(4) The director-general must keep a record of each direction given under\nthis section.\n\nContact Part 3\nContact—visitors Division 3.4\nSection 35\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Taking prohibited things into secure mental health facility\n(1) A person must not, without the director-general’s approval—\n(a) take a prohibited thing into a secure mental health facility; or\n(b) give or send a prohibited thing to a patient in a secure mental\nhealth facility.\n(2) The director-general may direct a person who contravenes\nsubsection (1) to—\n(a) if possession of the prohibited thing is not an offence—leave the\nprohibited thing in a secure place provided at the entrance to the\nsecure mental health facility; or\n(b) leave the secure mental health facility.\n(3) In this section:\nsend a prohibited thing to a patient in a secure mental health facility\nincludes throw, drop or propel the prohibited thing into the facility.\n36 Visitors—searches\n(1) The director-general may, at any time, direct an authorised person to\nconduct a scanning search, frisk search or ordinary search of a visitor\nentering, or in, a secure mental health facility if the director-general\nbelieves on reasonable grounds that it is prudent to conduct the search\nto protect—\n(a) the safety of anyone at the secure mental health facility; or\n(b) security or good order at the secure mental health facility.\nNote Frisk search, ordinary search and scanning search—see s 39.\n\nPart 3 Contact\nDivision 3.4 Contact—visitors\nSection 36\npage 24 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Also, an authorised person may conduct a scanning search, frisk\nsearch or ordinary search of a visitor in a secure mental health facility\nif the authorised person suspects on reasonable grounds that the\nvisitor is carrying—\n(a) a prohibited thing; or\n(b) anything else that creates, or is likely to create, a risk to—\n(i) the personal safety of a patient or anyone else; or\n(ii) security or good order at the secure mental health facility.\n(3) An authorised person must not search the visitor or the visitor’s\npersonal property without the visitor’s consent.\n(4) A visitor may refuse or withdraw consent and have the search\ndiscontinued at any time.\n(5) If the visitor refuses to allow an authorised person to search the visitor\nor, if the search has started, withdraws consent, the authorised person\nmay—\n(a) if the visitor is entering (or about to enter) the secure mental\nhealth facility—refuse to allow the visitor to enter the facility;\nor\n(b) if the visitor is in the facility—direct the visitor to leave the\nfacility.\n(6) This section does not apply to—\n(a) personal property that a visitor leaves in a secure place provided\nat the entrance to a secure mental health facility; or\n(b) anything for which a visitor has the director-general’s approval\nto take into a secure mental health facility.\nExample par (a)—secure place\na lockable cupboard\n\nContact Part 3\nContact—visitors Division 3.4\nSection 37\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) In this section:\nvisitor includes a person working at the secure mental health facility.\nExamples—worker at approved mental health facility\n• staff member\n• tradesperson\n• health practitioner\n37 Searches of visitors—requirements\n(1) An authorised person may conduct a scanning search, frisk search or\nordinary search of a visitor under section 36 only if—\n(a) the authorised person is of the same sex as the visitor; or\n(b) if that is not practicable—another person of the same sex as, or\na sex nominated by, the visitor is present while the search is\nconducted.\n(2) The authorised person must conduct the least invasive kind of search\npracticable.\n(3) The authorised person must conduct the search—\n(a) in a way that provides reasonable privacy for the person; and\n(b) as quickly as practicable.\n38 Searches of visitors—child visitors\n(1) If a visitor is a child, an authorised person—\n(a) may only conduct a scanning search of the child; and\n(b) must not conduct any other search of the child.\n\nPart 3 Contact\nDivision 3.4 Contact—visitors\nSection 38\npage 26 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If an authorised person suspects on reasonable grounds that a visitor\nwho is a child is carrying something mentioned in section 36 (2), the\nauthorised person must—\n(a) direct the child—\n(i) not to enter the secure mental health facility; or\n(ii) if the child is in the facility—to leave the facility; and\n(b) tell the person with parental responsibility for the child about the\ndirection and the reasons for it; and\nNote Person with parental responsibility, for a child—see the\ndictionary.\n(c) tell the director-general, in writing, about the direction and the\nreasons for it.\n\nSearches of patients Part 4\nSearches of patients—preliminary Division 4.1\nSection 39\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Searches of patients\nDivision 4.1 Searches of patients—preliminary\n39 Definitions\nIn this Act:\nfrisk search means—\n(a) a search of a person conducted by quickly running the hands\nover the person’s outer garments; and\n(b) an examination of anything worn or carried by the person that is\nconveniently and voluntarily removed by the person.\nordinary search means a search of a person, or of articles in a\nperson’s possession, that may include—\n(a) requiring the person to remove the person’s overcoat, coat or\njacket and any gloves, shoes or hat; and\n(b) an examination of those items.\nscanning search means a search of a person by electronic or other\nmeans that does not require the person to remove the person’s\nclothing or to be touched by someone else.\nExamples—scanning searches\n1 passing a portable electronic or other device over a person\n2 requiring a person to pass by or through an electronic or other device\n\nPart 4 Searches of patients\nDivision 4.2 Scanning, frisk and ordinary searches of patients\nSection 40\npage 28 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.2 Scanning, frisk and ordinary searches\nof patients\n40 Scanning, frisk and ordinary searches of patients\n(1) The director-general may, at any time, direct an authorised health\npractitioner to conduct a scanning search, frisk search or ordinary\nsearch of a patient if the director-general believes on reasonable\ngrounds that it is prudent to conduct the search to protect—\n(a) the safety of anyone at the secure mental health facility; or\n(b) security or good order at the secure mental health facility.\nExamples—when search may be conducted\n1 on a patient’s admission to the secure mental health facility\n2 when a patient returns from leave to the secure mental health facility\n3 following a visit from a visitor to the secure mental health facility\n(2) Also, an authorised health practitioner may conduct a scanning\nsearch, frisk search or ordinary search of a patient if the authorised\nhealth practitioner suspects on reasonable grounds that the patient is\ncarrying—\n(a) a prohibited thing; or\n(b) anything else that creates, or is likely to create, a risk to—\n(i) the personal safety of the patient or anyone else; or\n(ii) security or good order at the secure mental health facility.\nNote Section 52 provides for the use of force to carry out searches under this\npart.\n\nSearches of patients Part 4\nScanning, frisk and ordinary searches of patients Division 4.2\nSection 41\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n41 Scanning, frisk and ordinary searches—requirements\n(1) An authorised health practitioner may conduct a scanning search,\nfrisk search or ordinary search of a person under section 40 only if—\n(a) the authorised health practitioner is of the same sex as the person\nto be searched; or\n(b) if that is not practicable—another person of the same sex as, or\na sex nominated by, the person to be searched is present while\nthe search is conducted.\n(2) The authorised health practitioner must conduct the least invasive\nkind of search practicable.\n(3) The authorised health practitioner must conduct the search—\n(a) in a way that provides reasonable privacy for the person; and\n(b) as quickly as practicable.\n42 Scanning, frisk and ordinary searches—record\nIf an authorised health practitioner conducts a search of a patient\nunder this division, the authorised health practitioner must record the\nfollowing in the patient’s health record:\n(a) the date and time of the search;\n(b) the reason for the search;\n(c) the kind of search conducted;\n(d) the outcome of the search.\nNote Information about a search of a patient under this division must also be\nincluded in the register of searches (see s 59).\n\nPart 4 Searches of patients\nDivision 4.3 Strip searches\nSection 43\npage 30 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.3 Strip searches\n43 Meaning of seizeable item—div 4.3\nIn this division:\nseizeable item means anything that—\n(a) is a prohibited thing; or\n(b) may be used by a patient in a way that may involve—\n(i) intimidating anyone else; or\n(ii) an offence; or\n(iii) a risk to the personal safety of anyone else; or\n(iv) a risk to security or good order at the facility.\n44 Strip searches—when may be conducted\n(1) A patient may be strip searched only if the director-general gives a\ndirection in accordance with subsection (2).\nNote Section 52 provides for the use of force to carry out searches under this\npart.\n(2) The director-general may direct an authorised health practitioner to\nstrip search a patient if the director-general suspects on reasonable\ngrounds that—\n(a) the patient has a seizeable item concealed on the patient; and\n(b) a less intrusive search will not detect the item.\n(3) To remove any doubt, a strip search of a patient may be conducted\nimmediately after any scanning search, frisk search or ordinary search\nof the patient.\n(4) The director-general must make a SMHF direction in relation to strip\nsearches under this section.\nNote A SMHF direction is a notifiable instrument (see s 9 (4)).\n\nSearches of patients Part 4\nStrip searches Division 4.3\nSection 45\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n45 Strip searches—presence of authorised health\npractitioners\n(1) A strip search of a patient must be done—\n(a) by an authorised health practitioner of the same sex as, or a sex\nnominated by, the patient; and\n(b) in the presence of 1 or more other authorised health\npractitioners, each of whom must be of the same sex as, or a sex\nnominated by, the patient.\n(2) However, the number of authorised health practitioners present\nduring the search must be no more than necessary and reasonable to\nensure the search is carried out as safely and effectively as possible.\n(3) The authorised health practitioner conducting the search may direct\nanother authorised health practitioner present to provide assistance\nthat the conducting health practitioner believes on reasonable grounds\nis necessary and reasonable for the search.\n(4) An authorised health practitioner may give directions to the patient\nfor the conduct of the search in accordance with this section.\nExamples\ndirections that the patient raise 1 or both arms, raise any long hair or turn in a\nparticular direction\n46 Strip searches—general rules\n(1) A strip search must be conducted in a private area or an area that\nprovides reasonable privacy for the patient being searched.\n(2) The search must not involve—\n(a) the removal from the patient of more clothes than is necessary\nand reasonable to conduct the search; or\n(b) the removal from the patient of more clothes at any time than is\nnecessary and reasonable to conduct the search; or\n\nPart 4 Searches of patients\nDivision 4.3 Strip searches\nSection 47\npage 32 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) without limiting paragraph (b), both the upper and lower parts\nof the patient’s body being uncovered at the same time.\n(3) Subject to section 52 (Searches—use of force), the search must not\ninvolve any touching of the patient’s body by an authorised health\npractitioner.\n(4) Each authorised health practitioner present during the search must\nensure, as far as practicable, that—\n(a) the search is done in a way that minimises embarrassment for\nthe patient; and\n(b) the search is done quickly; and\n(c) the patient is allowed to dress in private immediately after the\nsearch is finished.\n(5) If clothing from a patient is seized during a strip search, the\ndirector-general must ensure that the patient is left with, or given,\nappropriate clothing to wear.\n47 Strip search—record\nIf an authorised health practitioner conducts a strip search of a patient\nunder this division, the authorised health practitioner must, as soon as\npracticable, record the following in the patient’s health record:\n(a) the date and time of the search;\n(b) the reason for the search;\n(c) the outcome of the search, including whether a seizeable item\nwas found on the patient and if so, what was found.\nNote Information about a search of a patient under this division must also be\nincluded in the register of searches (see s 59).\n\nSearches of patients Part 4\nTreatment—patient has ingested or concealed something Division 4.4\nSection 48\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.4 Treatment—patient has ingested or\nconcealed something\n48 Treatment if patient has ingested or concealed thing—\ngeneral\n(1) This section applies if the director-general suspects on reasonable\ngrounds that a patient—\n(a) has ingested or inserted something in the patient’s body that may\njeopardise the patient’s health or wellbeing; or\n(b) has a prohibited thing concealed in or on the patient’s body that\nmay be used in a way that may pose a risk to the security or good\norder of the secure mental health facility.\n(2) The director-general must arrange for a doctor to—\n(a) examine the patient to determine whether the patient has\ningested or inserted something in, or concealed a prohibited\nthing in or on, the patient’s body; and\n(b) if necessary—\n(i) administer the treatment the doctor considers appropriate\nor necessary to remove the thing; or\n(ii) transfer the patient to another facility for treatment to\nremove the thing.\n(3) In this section:\nhealth facility—see the Health Act 1993, section 6.\n\nPart 4 Searches of patients\nDivision 4.5 Searches of premises and personal property etc\nSection 49\npage 34 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n49 Treatment if patient has ingested or concealed thing—\nrecord etc\n(1) This section applies if a patient receives treatment under section 48.\n(2) The director-general must—\n(a) record the following in the patient’s health record:\n(i) the date and time of the treatment;\n(ii) the reason for the treatment;\n(iii) the kind of treatment administered;\n(iv) the outcome of the treatment; and\n(b) notify the public advocate.\nDivision 4.5 Searches of premises and personal\nproperty etc\n50 Searches—premises and personal property etc\n(1) The director-general may, at any time, conduct a search of any part\nof a secure mental health facility if the director-general believes on\nreasonable grounds that it is prudent to conduct the search to\nprotect—\n(a) the safety of anyone at the secure mental health facility; or\n(b) security or good order at the secure mental health facility.\n(2) To remove any doubt, a search under subsection (1) may include a\nsearch of—\n(a) the personal property or room of a patient in the secure mental\nhealth facility; or\n(b) a vehicle used to transport a patient.\n\nSearches of patients Part 4\nSearches of premises and personal property etc Division 4.5\nSection 51\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If a patient’s personal property or room is to be searched, the director-\ngeneral must—\n(a) tell the patient about the director-general’s belief and that the\npatient’s personal property or room at the facility will be\nsearched; and\n(b) allow the patient, or a person named by the patient, to be present\nwhen the personal property or room is searched.\n(4) The director-general may search the patient’s personal property or\nroom at the secure mental health facility.\n(5) In this section:\nsearch includes search—\n(a) with a device using electronic or other technology; and\n(b) by physical means.\n51 Searches of premises and personal property etc—record\nIf the director-general conducts a search of a patient’s personal\nproperty or room under section 50, the director-general must record\nthe following in the patient’s health record:\n(a) the date and time of the search;\n(b) the reason for the search;\n(c) the outcome of the search, including whether anything was\nfound and if so, what was found.\nNote Information about a search of a patient’s personal property or room under\ns 50 must also be included in the register of searches (see s 59).\n\nPart 4 Searches of patients\nDivision 4.6 Seizing property\nSection 52\npage 36 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n52 Searches—use of force\n(1) The director-general may use force—\n(a) to carry out a search under this part; or\n(b) to prevent the loss, destruction or contamination of anything\nseized, or that may be seized, during the search.\n(2) However, the director-general may use force only in accordance with\ndivision 4.8 (Use of force).\nDivision 4.6 Seizing property\n53 Seizing property—general\n(1) The director-general may seize—\n(a) anything found at a secure mental health facility, whether or not\nin a person’s possession, that the director-general suspects on\nreasonable grounds jeopardises or is likely to jeopardise—\n(i) security or good order at the secure mental health facility;\nor\n(ii) the safety of anyone at the secure mental health facility; or\n(b) anything found at a secure mental health facility, whether or not\nin a person’s possession, that the director-general suspects on\nreasonable grounds is being used, or is intended, for the\ncommission of an offence; or\n(c) a prohibited thing found on a patient or in a patient’s custody or\npossession, unless the patient has the director-general’s written\napproval to possess the thing; or\n(d) a prohibited thing found in mail addressed to a patient that is not\nyet in the patient’s possession.\n(2) To remove any doubt, this section extends to anything found in a\nsearch under this part.\n\nSearches of patients Part 4\nSeizing property Division 4.6\nSection 54\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n54 Receipt for things seized\n(1) As soon as practicable after a thing is seized under this part, the\ndirector-general must give a receipt for it to—\n(a) the owner of the thing; or\n(b) if the owner cannot be identified after reasonable inquiries\n(given the thing’s apparent value)—the person from whom the\nthing was seized.\n(2) The receipt must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) a statement about the effect of section 55;\n(d) anything else prescribed by regulation.\n(3) In this section:\nowner, of a thing, includes a person entitled to possession of the thing.\n55 Forfeiture of things seized\n(1) A thing seized under this part is forfeited to the Territory if the\ndirector-general decides on reasonable grounds—\n(a) that—\n(i) after making reasonable inquiries (given the thing’s\napparent value), the owner of the thing cannot be found; or\n(ii) after making reasonable efforts (given the thing’s apparent\nvalue), the thing cannot be returned to the owner; or\n(b) that—\n(i) possession of the thing by a patient is an offence; or\n(ii) it is necessary to keep the thing to stop it being used for the\ncommission of an offence; or\n(iii) the thing is inherently unsafe.\n\nPart 4 Searches of patients\nDivision 4.6 Seizing property\nSection 56\npage 38 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The director-general may deal with a thing forfeited to the Territory\nunder this section, or dispose of it, as the director-general considers\non reasonable grounds to be appropriate.\n(3) However, subsection (2) is subject to any order under the Crimes\nAct 1900, section 249 (Seizure of forfeited articles).\nExamples—s (2)\n1 giving a forfeited weapon to a police officer\n2 keeping a forfeited electrical appliance and using it for the benefit of patients\ngenerally\n3 dumping a forfeited thing of little value\nNote 1 The Crimes Act 1900 also provides for articles forfeited under any law in\nforce in the ACT to be seized by a member of the police force, taken\nbefore the Magistrates Court and for the court to order disposal of the\narticle by the public trustee (see that Act, s 249 and s 250).\nNote 2 The Uncollected Goods Act 1996 provides generally for the disposal of\nuncollected goods, including goods abandoned on premises controlled by\nthe Territory.\n56 Return of things seized but not forfeited\n(1) If a thing seized under this Act is not forfeited, the director-general\nmust return it to its owner—\n(a) not later than the end of 6 months after the day it was seized; or\n(b) if a proceeding for an offence involving the thing is started\nwithin the 6-month period—at the end of the proceeding and any\nappeal from, or the review of, the proceeding.\n(2) However, if the thing was being retained as evidence of an offence\nand the director-general believes on reasonable grounds that its\nretention as evidence is no longer necessary, the director-general\nmust return it immediately.\n(3) In this section:\nowner, of a thing—see section 54 (3).\n\nSearches of patients Part 4\nSeizing property Division 4.6\nSection 57\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n57 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this Act\nmay apply to the Magistrates Court within 10 days after the day of\nthe seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the director-general.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) The director-general is entitled to appear as respondent in the hearing\nof the application.\n58 Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this Act applies to the Magistrates Court under\nsection 57 for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing seizure if\nsatisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the director-general to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n\nPart 4 Searches of patients\nDivision 4.7 Searches—register\nSection 59\npage 40 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\nDivision 4.7 Searches—register\n59 Searched premises and personal property—register\n(1) The director-general must keep a register of searches carried out at a\nsecure mental health facility under this part.\n(2) The register must include the following information in relation to\neach search:\n(a) the name of the patient who was searched or whose personal\nproperty or room was searched;\n(b) the name of each person present during the search;\n(c) the date the patient or the patient’s personal property or room\nwas searched;\n(d) the reason for the search;\n(e) the kind of search undertaken;\n(f) the outcome of the search;\n(g) whether a prohibited thing or thing that may affect the security\nor good order of, or the safety of a patient or other person at, the\nfacility was found during the search;\n(h) whether anything was seized during the search and, if so, details\nof the thing seized;\n(i) whether the search revealed information about the commission\nof an offence and, if so, whether the information was given to\nthe chief police officer;\n\nSearches of patients Part 4\nSearches—register Division 4.7\nSection 59\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(j) if the patient received treatment under section 48 (Treatment if\npatient has ingested or concealed thing—general)—\n(i) the treatment the patient received; and\n(ii) where the patient received the treatment; and\n(iii) who administered the treatment; and\n(iv) the outcome of the treatment;\n(k) anything else the director-general considers relevant;\n(l) anything else prescribed by regulation.\n(3) The register may be kept in any form, including electronically, that\nthe director-general decides.\n(4) The director-general may correct a mistake, error or omission in the\nregister.\n(5) The register must be available for inspection, on request, by a\ncommissioner exercising functions under the Human Rights\nCommission Act 2005.\nNote The following commissioners exercise functions under the Human Rights\nCommission Act 2005:\n• the children and young people commissioner\n• the disability and community services commissioner\n• the discrimination commissioner\n• the health services commissioner\n• the public advocate\n• the victims of crime commissioner\n• the human rights commissioner.\n(6) In this section:\nsearch carried out under this part includes treatment given to a\npatient under section 48 (Treatment if patient has ingested or\nconcealed thing—general).\n\nPart 4 Searches of patients\nDivision 4.8 Use of force\nSection 60\npage 42 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.8 Use of force\n60 Managing use of force\n(1) The director-general must ensure, as far as practicable, that the use of\nforce in relation to the management of patients in a secure mental\nhealth facility is always—\n(a) a last resort; and\n(b) in accordance with this division.\n(2) Without limiting section 9 (Directions—secure mental health\nfacilities), the director-general must make a SMHF direction in\nrelation to the use of force, including provision in relation to the\nfollowing:\n(a) the circumstances, and by whom, force may be used;\n(b) the kinds of force that may be used.\nNote 1 A SMHF direction is a notifiable instrument (see s 9 (4)).\nNote 2 The power to make a SMHF direction includes power to make different\nprovisions in relation to different matters or different classes of matters,\nand provisions that apply differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n61 Authorised use of force\n(1) An authorised health practitioner may use force that is necessary and\nreasonable for this Act to act under section 52 (Searches—use of\nforce).\n(2) However, an authorised health practitioner may use force only if the\nauthorised health practitioner believes on reasonable grounds that the\npurpose for which force may be used cannot be achieved in another\nway.\n\nSearches of patients Part 4\nUse of force Division 4.8\nSection 62\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n62 Application of force\n(1) An authorised health practitioner may use force under this division\nonly if the authorised health practitioner—\n(a) gives a clear warning of the intended use of force; and\n(b) allows enough time for the warning to be observed; and\n(c) uses no more force than is necessary and reasonable in the\ncircumstances; and\n(d) uses force, as far as practicable, in a way that reduces the risk of\ncausing death or grievous bodily harm.\n(2) However, the authorised health practitioner need not comply with\nsubsection (1) (a) or (b) if, in urgent circumstances, the authorised\nhealth practitioner believes on reasonable grounds that doing so\nwould create a risk of injury to the authorised health practitioner, the\npatient or anyone else.\nExample—urgent circumstances\nthe patient is assaulting someone or engaging in self-harm\n63 Medical examination after use of force\nThe director-general must ensure that a doctor examines a patient\ninjured by the use of force under this division as soon as practicable\nand that appropriate health care is available to the patient.\n64 Use of force—record\n(1) The director-general must keep a record of any incident involving the\nuse of force under this division.\n(2) The record must—\n(a) include details of the incident, including the circumstances, the\ndecision to use force and the force used; and\n\nPart 4 Searches of patients\nDivision 4.8 Use of force\nSection 65\npage 44 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) be available for inspection, on request, by a commissioner\nexercising functions under the Human Rights Commission\nAct 2005.\nNote The following commissioners exercise functions under the Human\nRights Commission Act 2005:\n• the children and young people commissioner\n• the disability and community services commissioner\n• the discrimination commissioner\n• the health services commissioner\n• the public advocate\n• the victims of crime commissioner\n• the human rights commissioner.\n(3) The director-general must give a copy of the record to the public\nadvocate and an official visitor.\n65 Use of force—register\n(1) The director-general must keep a register of any incident involving\nthe use of force under this division.\n(2) The register must include the following information in relation to\neach incident involving the use of force:\n(a) the name of the patient involved in the incident;\n(b) the name of each person present during the incident;\n(c) the date force was used on the patient;\n(d) the reason for the use of force;\n(e) the force used;\n(f) the injury caused, if any;\n(g) if someone died as a result of the use of force, the date and\ncircumstances of the death;\n\nSearches of patients Part 4\nUse of force Division 4.8\nSection 65\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) anything else the director-general considers relevant;\n(i) anything else prescribed by regulation.\n(3) The register may be kept in any form, including electronically, that\nthe director-general decides.\n(4) The director-general may correct a mistake, error or omission in the\nregister.\n(5) The register must be available for inspection, on request, by a\ncommissioner exercising functions under the Human Rights\nCommission Act 2005.\nNote The following commissioners exercise functions under the Human Rights\nCommission Act 2005:\n• the children and young people commissioner\n• the disability and community services commissioner\n• the discrimination commissioner\n• the health services commissioner\n• the public advocate\n• the victims of crime commissioner\n• the human rights commissioner.\n\nPart 5 Notification and review of decisions\nSection 66\npage 46 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Notification and review of\ndecisions\n66 Meaning of reviewable decision––pt 5\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n67 Reviewable decision notices\nIf the director-general makes a reviewable decision, the\ndirector-general must give a reviewable decision notice to the\nfollowing people:\n(a) a commissioner exercising functions under the Human Rights\nCommission Act 2005;\nNote The following commissioners exercise functions under the Human\nRights Commission Act 2005:\n• the children and young people commissioner\n• the disability and community services commissioner\n• the discrimination commissioner\n• the health services commissioner\n• the public advocate\n• the victims of crime commissioner\n• the human rights commissioner.\n(b) each entity mentioned in schedule 1, column 4 in relation to the\ndecision.\nNote The director-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n\nNotification and review of decisions Part 5\nSection 68\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n68 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) a commissioner exercising functions under the Human Rights\nCommission Act 2005;\n(b) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(c) any other person whose interests are affected by the decision.\n\nPart 6 Authorised people\nSection 69\npage 48 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Authorised people\n69 Appointment of authorised people\n(1) The director-general may appoint a person as an authorised person\nfor this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) The director-general may appoint a person as an authorised person\nonly if the director-general is satisfied the person—\n(a) holds a security licence; and\n(b) is, or will be, employed by a person holding a master licence\nunder the Security Industry Act 2003; and\n(c) is registered under the Working with Vulnerable People\n(Background Checking) Act 2011; and\n(d) has the kinds of qualifications, training, skills or experience\nnecessary for dealing with people with a mental illness or mental\ndisorder; and\n(e) has not—\n(i) committed an offence against this Act; or\n(ii) been convicted or found guilty of an offence involving\nfraud, dishonesty, violence, drugs or weapons; and\n(f) is capable of competently exercising the functions of an\nauthorised person for this Act.\nNote A person engaged in an activity or service, the usual functions of which\ninclude providing treatment, care, rehabilitation or protection to people\nwho are mentally impaired, mentally dysfunctional or mentally ill must\nbe registered under the Working with Vulnerable People (Background\nChecking) Act 2011 to engage in the activity (see that Act, s 12).\n\nAuthorised people Part 6\nSection 69\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The director-general may end the appointment of a person as an\nauthorised person if—\n(a) the person ceases to hold a security licence; or\n(b) the person is not employed by a person holding a master licence\nunder the Security Industry Act 2003; or\n(c) the person’s registration under the Working with Vulnerable\nPeople (Background Checking) Act 2011—\n(i) is made subject to a condition that the person not engage in\na regulated activity described in that Act, schedule 1,\nsection 1.8 (Mental health); or\n(ii) is suspended; or\n(iii) ends; or\n(d) the person commits an offence against this Act; or\n(e) the person has been convicted or found guilty of an offence\ninvolving fraud, dishonesty, violence, drugs or weapons; or\n(f) the person is not capable of competently exercising the functions\nof an authorised person for this Act.\nNote An authorised person’s appointment also ends if the person resigns (see\nLegislation Act, s 210).\n(4) In this section:\nsecurity licence means a licence under the Security Industry Act 2003\nthat authorises the licensee to carry out a security activity under that\nAct, section 13.\n\nPart 6 Authorised people\nSection 70\npage 50 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n70 Authorised people—functions\n(1) An authorised person—\n(a) has the functions given to the person under this Act; and\n(b) is subject to the directions of the director-general in the exercise\nof the functions.\n(2) The functions of an authorised person may be limited by—\n(a) the instrument appointing the person; or\n(b) written notice given to the person by the director-general; or\n(c) a regulation.\n71 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this Act, an\nauthorised person must take all reasonable steps to ensure that the\nperson causes as little inconvenience, detriment and damage as\npracticable.\n(2) If an authorised person damages anything in the exercise or purported\nexercise of a function under this Act, the authorised person must give\nwritten notice of the particulars of the damage to the person the\nauthorised person believes on reasonable grounds is the owner of the\nthing.\n(3) The notice must state that—\n(a) the person may claim compensation from the Territory if the\nperson suffers loss or expense because of the damage; and\n(b) compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction; and\n(c) the court may order the payment of reasonable compensation for\nthe loss or expense only if satisfied it is just to make the order in\nthe circumstances of the particular case.\n\nAuthorised people Part 6\nSection 72\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n72 Identity cards\n(1) The director-general must give an authorised person an identity card\nstating the person’s name and that the person is an authorised person.\n(2) The identity card must show—\n(a) a recent photograph of the authorised person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if the person—\n(a) stops being an authorised person; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable (but not later than 7 days) after the day the\nperson stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(4) Subsection (3) does not apply to a person if the person’s identity card\nhas been—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) An offence against this section is a strict liability offence.\n\nPart 7 Miscellaneous\nSection 73\npage 52 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n73 Prohibited things—tradespeople\n(1) This section applies to a tradesperson at a secure mental health facility\nfor the purpose of providing a trade service at the facility.\n(2) Despite section 35 (Taking prohibited things into secure mental\nhealth facility), a tradesperson may, with approval of the\ndirector-general, take a prohibited thing into a secure mental health\nfacility for the purpose of providing a trades service at the facility.\n(3) The director-general may make a SMHF direction in relation to the\nprovision of trade services at a secure mental health facility.\nNote A SMHF direction is a notifiable instrument (see s 9 (4)).\n74 Health care\n(1) The director-general must ensure that—\n(a) patients have a standard of health care equivalent to that\navailable to other people in the ACT; and\n(b) arrangements are made to ensure the provision of appropriate\nhealth services for patients.\n(2) In particular, the director-general must ensure that patients have\naccess to—\n(a) regular health checks; and\n(b) timely treatment where necessary, particularly in urgent\ncircumstances; and\n(c) hospital care where necessary; and\n(d) as far as practicable—\n(i) specialist health services from health practitioners; and\n(ii) necessary health care programs, including rehabilitation\nprograms.\n\nMiscellaneous Part 7\nSection 75\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A regulation may make provision in relation to health services for\npatients, including provision about the following:\n(a) appointments for patients with health practitioners;\n(b) security arrangements for patients visiting health practitioners\nor other health facilities, particularly outside the secure mental\nhealth facility.\n75 Protection of officials from liability\n(1) An official is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nofficial attaches instead to the Territory.\n(3) In this section:\nconduct means an act or omission to do an act.\nofficial means—\n(a) the chief psychiatrist; or\n(b) the person in charge of a secure mental health facility; or\n(c) anyone else exercising a function under this Act.\nNote 1 An official visitor exercising a function under this Act is protected from\ncivil liability by the Official Visitor Act 2012, s 24.\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n\nPart 7 Miscellaneous\nSection 76\npage 54 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n76 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n78 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 5)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 10 declare something to be a prohibited thing patient\n2 17 (2) restrict a patient’s contact with others patient\npatient’s guardian\npatient’s nominated\nperson\n3 20 (2) prevent a patient’s contact with a\ncomplainant\npatient\npatient’s guardian\npatient’s nominated\nperson\n4 24 direction about access to and supervision\nof electronic communication facilities at\nsecure mental health facility\npatient\npatient’s guardian\npatient’s nominated\nperson\n5 25 (3) search a patient’s mail patient\npatient’s guardian\npatient’s nominated\nperson\n6 28 (1) direction about visiting conditions for a\nsecure mental health facility\npatient\npatient’s guardian\npatient’s nominated\nperson\n7 30 (2) direction to leave secure mental health\nfacility after failing to comply with visiting\ncondition\nvisitor directed to\nleave facility\n8 33 (3) refuse to allow intending visitor to visit\npatient in secure mental health facility\nintending visitor\n9 34 (2) (a) direction to not enter secure mental health\nfacility\nvisitor directed to\nnot enter facility\n\nSchedule 1 Reviewable decisions\npage 56 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n10 34 (2) (b) direction to leave secure mental health\nfacility after failing to comply with\ndirector-general’s direction\nvisitor directed to\nleave facility\n11 36 (5) (a) refuse to allow visitor to enter secure\nmental health facility after refusing to\nallow authorised person to search personal\nproperty\nvisitor refused entry\nto facility\n12 36 (5) (b) direction to leave secure mental health\nfacility after refusing to allow authorised\nperson to search personal property\nvisitor directed to\nleave facility\n13 53 (1) seizing property patient\npatient’s guardian\npatient’s nominated\nperson\n\nDictionary\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• chief police officer\n• correctional centre\n• director-general (see s 163)\n• doctor\n• health practitioner\n• integrity commissioner\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• nurse\n• nurse practitioner\n• police officer\n• public employee\n• public trustee and guardian.\nNote 3 The Mental Health Act 2015 contains definitions relevant to this Act. For\nexample, the following terms are defined in the Mental Health Act 2015,\ndictionary:\n• approved mental health facility\n• chief psychiatrist\n• coordinating director-general\n• correctional patient (see s 135)\n• corrections director-general\n• CYP director-general\n• entitled person (see s 208)\n• forensic mental health order\n• forensic patient\n• mental health officer\n• nominated person\n\nDictionary\npage 58 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• official visitor (see s 208)\n• transfer direction (see s 136)\n• visitable place (see s 208).\nNote 4 If a word or expression is defined in the Mental Health Act 2015, the\ndefinition applies to the use of the word or expression in this Act (see\ns 8).\naccredited person, in relation to a patient, means each of the\nfollowing:\n(a) if the patient has a guardian under the Guardianship and\nManagement of Property Act 1991—the guardian;\n(b) if the patient has a nominated person—the nominated person;\n(c) if the patient is a child or young person—the CYP\ndirector-general;\n(d) a lawyer acting in a professional capacity;\n(e) an official visitor;\n(f) the health services commissioner;\n(g) the human rights commissioner;\n(h) the public advocate;\n(i) the integrity commissioner;\n(j) a police officer acting in a professional capacity;\n(k) a member of the Commonwealth Parliament;\n(l) a member of the Legislative Assembly;\n(m) a person prescribed by regulation.\nauthorised health practitioner means a health practitioner providing\ncare or treatment for patients who is authorised by the\ndirector-general for this Act.\nExamples—health practitioner\n• nurse\n• nurse practitioner\n\nDictionary\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nauthorised person means a person appointed under section 69.\nchild—see the Children and Young People Act 2008, section 11.\ncontact, between a patient and another person—see section 14.\nfrisk search—see section 39.\nhealth record—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\nordinary search—see section 39.\npatient means a patient in a secure mental health facility.\nperson with parental responsibility, for a child, means a parent or\nsomeone else with parental responsibility for the child under the\nChildren and Young People Act 2008, division 1.3.2.\nprohibited thing means a thing declared to be a prohibited thing under\nsection 10.\nreviewable decision, for part 5 (Notification and review of\ndecisions)—see section 66.\nscanning search—see section 39.\nsecure mental health facility—see section 7.\nseizeable item, for division 4.3 (Strip searches)—see section 43.\nSMHF direction—see section 9.\nvisiting conditions, at a secure mental health facility, means\nconditions included in a SMHF direction made under section 28 in\nrelation to the facility.\nvisitor, in relation to a secure mental health facility, includes a person\nwishing to enter the facility as a visitor.\nworker, at a secure mental health facility, means a person working at\nthe facility, whether as a public employee, contractor, volunteer or\notherwise.\n\nDictionary\npage 60 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nyoung person—see the Children and Young People Act 2008,\nsection 12.\n\nEndnotes\nAbout the endnotes 1\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 62 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMental Health (Secure Facilities) Act 2016 A2016-31\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nremainder commenced 21 June 2016 (s 2)\nas amended by\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.17 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.17 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nWorking with Vulnerable People (Background Checking) Amendment\nAct 2020 A2020-29 sch 1 pt 1.4\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 February 2021 (s 2 (a) and see Working\nwith Vulnerable People (Background Checking) Amendment Act 2019\nA2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.38\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.38 commenced 23 June 2021 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.127\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.127 commenced 26 December 2025 (s 2 (7))\n\nEndnotes\nAmendment history 4\nR6\n26/12/25\nMental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nWhat is a secure mental health facility?\ns 7 am A2025-29 amdt 4.128\nDirections—secure mental health facilities\ns 9 am A2025-29 amdt 4.128\nMonitoring electronic communications\ns 23 pars renum R3 LA\nTaking prohibited things into secure mental health facility\ns 35 am A2021-12 amdt 3.90\nReviewable decision notices\ns 67 am A2025-29 amdt 4.128\nApplications for review\ns 68 am A2025-29 amdt 4.128\nAppointment of authorised people\ns 69 am A2020-29 amdt 1.19\nDetermination of fees\ns 76 am A2025-29 amdt 4.128\nApproved forms\ns 77 om A2021-12 amdt 3.91\nRegulation-making power\ns 78 am A2025-29 amdt 4.128\nReview of Act\ns 79 exp 21 June 2021 (s 79 (3))\nDictionary\ndict am A2018-52 amdt 1.94\ndef accredited person am A2018-52 amdt 1.95; pars renum\nR2 LA\n\nEndnotes\n5 Earlier republications\npage 64 Mental Health (Secure Facilities) Act 2016\nEffective: 26/12/25\nR6\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n21 June 2016\n21 June 2016–\n30 Nov 2019\nnot amended new Act\nR2\n1 Dec 2019\n1 Dec 2019–\n31 Jan 2021\nA2019-18 amendments by\nA2018-52 and\nA2019-18\nR3\n1 Feb 2021\n1 Feb 2021–\n21 June 2021\nA2020-29 amendments by\nA2020-29\nR4\n22 June 2021\n22 June 2021–\n22 June 2021\nA2020-29 expiry of provision\n(s 79)\nR5\n23 June 2021\n23 June 2021–\n25 Dec 2025\nA2021-12 amendments by\nA2021-12\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose: the operation and management of secure mental health facilities. The amendments shown in the endnotes are minor updates (references to the Integrity Commission, Working with Vulnerable People Act, and standard statute law amendments) rather than expansions into new substantive areas. The core scope—covering security, contact, searches, and use of force in secure mental health facilities—remains consistent with the original 2016 Act."},"complexity_factors":["Cross-referencing with at least 5 other Acts (Mental Health Act 2015, Children and Young People Act 2008, Health Practitioner Regulation National Law, Security Industry Act 2003, Working with Vulnerable People Act 2011, etc.)","Multiple defined terms in the Dictionary (approximately 20+ defined terms, plus signpost definitions to other legislation)","Nested conditional logic throughout (e.g., strip searches only permitted if 'director-general suspects on reasonable grounds' AND 'less intrusive search will not detect the item')","Multiple registers required to be maintained (contact limits register, mail search register, searches register, use of force register)","Different rules apply based on status: patients vs visitors vs children vs accredited persons vs tradespeople","Reviewable decisions scheme in Schedule 1 with specific entities entitled to review for each decision type","Exceptions to general rules (e.g., mail monitoring doesn't apply to accredited persons; contact limits don't apply to certain officials)","Procedural requirements with multiple steps (e.g., for strip searches: same-sex requirement, presence of others, privacy, minimal clothing removal, etc.)"],"plain_english_summary":"This Act governs secure mental health facilities in the ACT, setting how involuntary patients (including forensic and correctional patients), staff, visitors, and the Director‑General must operate to keep people safe and the community protected. \n\nIt matters because it balances security measures—controls on contact, searches, use of force, and special safeguards for children—with rights protections, independent oversight, and avenues to review restrictive decisions."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's core purpose—to provide an operational and regulatory framework for Territory-run secure mental health facilities—remains unchanged. Amendments recorded in the history (2018–2025) adjust definitions, procedural detail (SMHF directions, review notices, fees), and cross‑statutory alignment (working-with-vulnerable-people, integrity provisions), but these are refinements and administrative expansions rather than a significant change of scope. The law continues to focus on balancing patient contact and health care with security and facility management (see amendment history and sections such as ss 9, 23, 69, 74)."},"complexity_factors":["Relatively long statute with multiple Parts and a Schedule (Parts 1–7, Schedule 1)","Numerous defined terms and signpost definitions referencing other Acts (Mental Health Act 2015, Children and Young People Act 2008, Legislation Act) (s 3, s 8, Dictionary)","Wide-ranging cross‑references to external statutes and bodies (ACAT, Human Rights Commission commissioners, Security Industry Act, Working with Vulnerable People Act) (e.g. ss 18(5), 69)","Extensive conditional logic and thresholds using 'reasonable grounds' and 'necessary and reasonable' tests across many powers (searches, limits on contact, monitoring, use of force) (ss 17, 23, 36, 44, 61)","Multiple graded search types with differing safeguards and exceptions (scanning, frisk, ordinary, strip), plus special rules for children (ss 39–47, 38)","Numerous recordkeeping and register obligations with inspection rights (searches, mail, use of force, limits on contact) (ss 18, 27, 59, 65)","Delegation and appointment mechanics combined with eligibility criteria for authorised people (ss 12, 69)","Two separate judicial/merits review pathways (Magistrates Court for seizure disputes s 57–58; ACAT for reviewable decisions pt 5 and Schedule 1)","Discretionary rule‑making by the director-general via SMHF directions (notifiable instruments) across many operational domains (ss 9, 24, 28, 44, 60)","Multiple exceptions and carve-outs (e.g. accredited persons and mail, tradespeople approvals) creating nested exceptions (ss 25(2), 73)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Creates a legal framework for the operation and management of \"secure mental health facilities\" in the ACT (places the Minister declares to be secure and run by the Territory) (s 6–7).\n- Gives the director-general broad operational powers to make facility rules (called SMHF directions), set prohibited items, supervise visits and communications, order and record searches, seize items, and manage use of force (ss 9–11, 10, 23–36, 40–56, 60–65).\n- Sets detailed rules and safeguards for contact between patients and others (phone, mail, visits, electronic communications) including when contact may be limited and how those limits must be recorded and reviewed (ss 14–22, 24–34, 66–68; Schedule 1).\n- Regulates searches of visitors, patients, rooms and mail with graded search types (scanning, frisk, ordinary, strip), procedural protections (same-sex searchers where practicable, privacy requirements), and record-keeping obligations (ss 39–59).\n- Allows seizure, forfeiture, retention and return of property found during searches, with a 10‑day Magistrates Court procedure for people claiming entitlement to seized items (ss 53–58).\n- Regulates the authorised workforce: criteria for appointment (security licence, working-with-vulnerable-people registration, training), functions, identity cards and limits on conduct (ss 69–72).\n- Prescribes health-care obligations for patients (standard equivalent to other ACT residents), recordkeeping and notification requirements, and provides limited civil-liability protection for officials acting honestly under the Act (ss 74–75).\n- Provides internal oversight: registers and records must be kept and are inspectable by certain statutory commissioners; many director-general decisions are reviewable by ACAT (ss 59, 65, 66–68; Schedule 1).\n\nWho it affects\n\n- Patients detained or treated in an ACT secure mental health facility (defined by reference to the Mental Health Act 2015) (s 6–8).\n- Facility staff and authorised people (security-trained appointees) who must follow SMHF directions and are authorised to carry out searches and enforce visiting/communications rules (ss 9, 11, 69–71).\n- Visitors, family and accredited representatives (lawyers, guardians, official visitors, certain commissioners) who face conditions, possible searches and limits on contact in specified circumstances (ss 16, 19–21, 28–38).\n- Security industry (requires authorised people to hold security licences and be employed under a master licence), health practitioners working in these settings, and the Territory as the operator and financial backer (s 69; s 6(2)).\n\nWhy it matters (purpose claims and practical effects)\n\n- The Act is presented as striking a balance between patient contact and privacy, and the security and good order of secure facilities. It centralises operational control with the director-general supported by the chief psychiatrist (ss 15–17).\n- Practical effects and trade-offs:\n  - Decision power: The director-general decides most day-to-day operational rules via SMHF directions (s 9) and has discretion to monitor communications, limit contact, order searches and seize items (ss 23, 17, 25, 53). That concentrates operational discretion in a single office and requires robust internal processes to ensure consistent application.\n  - Record‑keeping & oversight: The Act requires extensive registers and records (searches, mail, use of force, limits on contact) and makes them inspectable by statutory commissioners and available for review in ACAT or the Magistrates Court (ss 18, 27, 59, 65–68). Those obligations increase administrative workload but create documentary trails for oversight.\n  - Patient-facing limits and invasive measures: The law authorises intrusive measures (strip searches, forced medical treatment to remove ingested objects, monitored electronic communications, use of force) subject to thresholds and safeguards (ss 44–49, 23, 60–64). Those safeguards are procedural (same-sex searchers, least-invasive requirement, warnings, medical exam after force) but rely on operational judgement about \"reasonable grounds\".\n  - Compliance and staff obligations: Workers must follow SMHF directions (s 9(3)) and, in some situations, assist with clinical or security functions (s 11). That can change staff roles and require training and credentialing (ss 11, 69).\n  - Private-sector impact: The Act creates a demand for security‑licensed staff (authorised people) and sets an approval route for tradespeople bringing otherwise prohibited items into facilities (ss 69, 73). That is a concentrated benefit to licensed security providers and may affect procurement of contractors.\n  - Liability and cost allocation: Officials acting honestly are generally protected from civil liability, with any liability instead attaching to the Territory (s 75). That shifts legal risk and potential financial costs onto the Territory.\n\nCosts, incentives and implementation risks\n\n- Administrative and compliance cost: multiple registers, SMHF directions, supervision of electronic communication areas and training for authorised people will require recurrent resources (ss 9, 23, 59, 65, 69).\n- Incentives for conservative security choices: Because the director-general controls operational rules and carries legal responsibility, there is an incentive to adopt precautionary restrictions (limits on contact, frequent searches) unless oversight and review are actively used (ss 9, 17, 66–68).\n- Risk of uneven discretion: Many powers are triggered by beliefs or suspicions on \"reasonable grounds\" (e.g. searches, limits on contact, seizure). The Act mitigates this with recordkeeping, review pathways and inspection by commissioners, but practical protection depends on how consistently those records are used for external scrutiny (ss 17, 25, 36, 53, 59, 65, 66–68).\n- Patient welfare trade-off: The Act mandates that treatment of children/young people must prioritise best interests and specific CYP Act principles (s 13), and requires health-care standards equivalent to the ACT generally (s 74). Operational security measures may nonetheless restrict freedoms and contact; reconciling those aims is an implementation challenge requiring clinical judgement.\n\nWho pays, who decides, what behaviour changes\n\n- Who pays: The Territory (government) operates the facilities and bears legal liability in most official actions under the Act; there may be ongoing administrative and staffing costs for running secure facilities and the mandated medical/health services (s 6(2); s 75).\n- Who decides: The Minister declares secure facilities (s 7); the director-general makes SMHF directions and most operational decisions (s 9); authorised health practitioners and authorised persons carry out searches and security tasks (ss 40, 69–70).\n- Behaviour changes required: Patients can expect supervised electronic communications areas, limits on contact in specified circumstances, and potential searches and seizure of items; visitors must follow visiting conditions and may be searched or refused entry; staff must comply with SMHF directions and meet registration and training requirements (ss 23–36, 40–56, 69–72).\n\nOversight and remedies\n\n- Registers and records are required for limits on contact, searches, seized property, and use of force; these must be available for inspection by named statutory commissioners (ss 18, 27, 59, 65).\n- Certain director-general decisions are reviewable by ACAT and notices must be given to affected parties and specified commissioners (pt 5; Schedule 1).\n\nBottom line\n\nThe Act creates a comprehensive operational regime for Territory-run secure mental health facilities, concentrating operational discretion in the director-general while building in recordkeeping, inspection and review mechanisms. It authorises intrusive security and health measures subject to procedural safeguards, and it imposes administrative and compliance costs on the Territory and facility operators while creating demand for security‑licensed staff and regulated trades access. (See especially ss 6–13, 9–11, 14–36, 39–59, 60–75 and Schedule 1.)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-secure-facilities-act-2016","history":"/api/acts/mental-health-secure-facilities-act-2016/history","analysis":"/api/acts/mental-health-secure-facilities-act-2016/analysis","conflicts":"/api/acts/mental-health-secure-facilities-act-2016/conflicts","importantCases":"/api/acts/mental-health-secure-facilities-act-2016/important-cases","documents":"/api/acts/mental-health-secure-facilities-act-2016/documents"}}