95Restraint

95 Restraint

(1)  Except if authorised under any other law, a forensic patient may be placed under restraint if, and only if –

(a) the restraint is authorised as being necessary for a prescribed reason by –

(i) [Section 95 Subsection (1) amended by No. 4 of 2023, s. 106, Applied:25 Sep 2023] in the case of chemical or mechanical restraint, the Chief Psychiatrist; or

(ii) [Section 95 Subsection (1) amended by No. 4 of 2023, s. 106, Applied:25 Sep 2023] in the case of physical restraint where the patient is a child, the Chief Psychiatrist; or

(iii) [Section 95 Subsection (1) amended by No. 4 of 2023, s. 106, Applied:25 Sep 2023] in the case of physical restraint where the patient is not a child, the Chief Psychiatrist, a medical practitioner or an approved nurse; and

(b) the person authorising the restraint is satisfied that it is a reasonable intervention in the circumstances; and

(c) the restraint lasts for no longer than authorised under this section; and

(d) [Section 95 Subsection (1) amended by No. 4 of 2023, s. 106, Applied:25 Sep 2023] the means of restraint employed in the specific case is, in the case of mechanical restraint, approved in advance by the Chief Psychiatrist; and

(e) [Section 95 Subsection (1) amended by No. 4 of 2023, s. 106, Applied:25 Sep 2023] the restraint is managed in accordance with any relevant standing orders or clinical guidelines.

(2)  [Section 95 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 95 Subsection (2) substituted by No. 4 of 2023, s. 106, Applied:25 Sep 2023] If a forensic patient is placed under restraint under this section –