Mental Health Act 2016
sec.625Obstructing official
Start here
Get a plain-English read of sec.625
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.625 Obstructing official
A person must not obstruct an official exercising a power, or someone helping an official exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. If a person has obstructed an official, or someone helping an official, and the official decides to proceed with the exercise of the power, the official must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the official considers the person’s conduct an obstruction. However, a person who is a patient does not commit an offence against subsection (1) merely because the person resists the exercise of the power in relation to himself or herself. In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct. (sec.625-ssec.1) A person must not obstruct an official exercising a power, or someone helping an official exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.625-ssec.2) If a person has obstructed an official, or someone helping an official, and the official decides to proceed with the exercise of the power, the official must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the official considers the person’s conduct an obstruction. (sec.625-ssec.3) However, a person who is a patient does not commit an offence against subsection (1) merely because the person resists the exercise of the power in relation to himself or herself. (sec.625-ssec.4) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.
- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and
- (b) the official considers the person’s conduct an obstruction.