Mental Health Act 2013
58Records, &c.
Start here
Get a plain-English read of 58
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2013.
58 Records, &c.
(1) This section applies if an involuntary patient who is not a forensic patient is placed in seclusion or under restraint under this Part.
(2) The person who authorises the seclusion or restraint is to –
(a) make an appropriate record of the matter; and
(ab) [Section 58 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 58 Subsection (2) amended by No. 4 of 2023, s. 77, Applied:25 Sep 2023] give a copy of the record to the patient, together with a statement of rights in an approved form; and
(b) [Section 58 Subsection (2) amended by No. 4 of 2023, s. 77, Applied:25 Sep 2023] give a copy of the record to the Chief Psychiatrist and the Tribunal; and
(c) place a copy of the record on the patient's clinical record.
(3) [Section 58 Subsection (3) amended by No. 4 of 2023, s. 77, Applied:25 Sep 2023] The Chief Psychiatrist or Tribunal, by notice, may require the treating medical practitioner to provide further information about the matter within a required time and the treating medical practitioner is to comply with that requirement.