54Restriction on right to communicate

54 Restriction on right to communicate

(1) Subject to subsection (2), an authorised psychiatrist in writing may direct staff at a designated mental health service to restrict an inpatient's right to communicate.

(2) A direction under subsection (1) may be made only if the authorised psychiatrist is satisfied that the restriction is reasonably necessary to protect the health, safety and wellbeing of the inpatient or of another person.

(3) A direction cannot be made under subsection (1) which restricts an inpatient's right to communicate with—

(a) a legal representative; or

(b) the chief psychiatrist; or

(c) the Mental Health and Wellbeing Commission; or

(d) the Mental Health Tribunal; or

(e) a community visitor; or

(f) a non-legal mental health advocacy service provider or a mental health advocate; or

(g) the DFFH Secretary, if that Secretary has parental responsibility for the inpatient under a relevant child protection order; or

(h) a prescribed person or body.

(4) An authorised psychiatrist must ensure that if the authorised psychiatrist directs that an inpatient's right to communicate be restricted, those restrictions are the least restrictive possible to protect the health, safety and wellbeing of the inpatient or of another person.