Mental Health Act 2013
56Seclusion
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56 Seclusion
(1) Except if authorised under any other law, an involuntary patient who is not a forensic patient may be placed in seclusion if, and only if –
(a) the patient is in an approved hospital; and
(b) the seclusion is authorised as being necessary for a prescribed reason, by –
(i) [Section 56 Subsection (1) amended by No. 4 of 2023, s. 75, Applied:25 Sep 2023] for a patient who is a child, the Chief Psychiatrist; or
(ii) [Section 56 Subsection (1) amended by No. 4 of 2023, s. 75, Applied:25 Sep 2023] for any other patient, the Chief Psychiatrist, a medical practitioner or approved nurse; and
(c) the person authorising the seclusion is satisfied that it is a reasonable intervention in the circumstances; and
(d) the seclusion lasts for no longer than authorised under this section; and
(e) [Section 56 Subsection (1) amended by No. 4 of 2023, s. 75, Applied:25 Sep 2023] the seclusion is managed in accordance with any relevant standing orders or clinical guidelines.
(2) [Section 56 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 56 Subsection (2) substituted by No. 4 of 2023, s. 75, Applied:25 Sep 2023] If an involuntary patient who is not a forensic patient is placed in seclusion under this section –
(a) the patient must be clinically observed by a member of the approved hospital's nursing staff at intervals not exceeding –
(i) 15 minutes; or
(ii) such other intervals as the standing orders may mandate; and
(b) the seclusion must not extend beyond 3 hours unless –