132Use of restrictive intervention must be authorised

132 Use of restrictive intervention must be authorised

(1) The use of seclusion or bodily restraint under this Division must be authorised by—

(b) if an authorised psychiatrist is not reasonably available, a registered medical practitioner or a nurse in charge.

(2) The use of chemical restraint under this Division must be authorised by—

(b) if an authorised psychiatrist is not reasonably available, a registered medical practitioner or a nurse practitioner acting within their ordinary scope of practice.

(3) An authorised psychiatrist, registered medical practitioner, nurse in charge or a nurse practitioner acting within their ordinary scope of practice (as the case requires) may authorise the use of a restrictive intervention on a person only if satisfied that it is necessary to achieve a purpose specified in section 127.

See section 128 for when a restrictive intervention is necessary.

(4) Despite subsection (1), a registered nurse may authorise the use of physical restraint on a person only if—

(a) an authorised psychiatrist, registered medical practitioner or nurse in charge is not immediately available to authorise the use of physical restraint; and

(b) the registered nurse is satisfied that the use of physical restraint is necessary to achieve a purpose specified in section 127(a).

(5) For the purposes of subsection (4), in determining whether the use of bodily restraint is necessary to achieve a purpose specified in section 127(a), a registered nurse is not required to have regard to the matters set out in section 131(1) and (2).

(6) A registered nurse who authorises the use of physical restraint under subsection (4) must notify the use to an authorised psychiatrist, a registered medical practitioner or a nurse in charge as soon as practicable after it is authorised.

(7) Subject to this Division, if the physical restraint is continuing at the time an authorised psychiatrist, registered medical practitioner or nurse in charge receives a notification under subsection (6), the authorised psychiatrist, registered medical practitioner or nurse in charge must—

(a) authorise the continued use of physical restraint; or

(b) refuse to authorise the continued use of physical restraint and release the person from restraint.