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Australian Capital Territory
Mental Health (Secure Facilities)
Act 2016
A2016-31
Republication No 6
Effective: 26 December 2025
Republication date: 26 December 2025
Last amendment made by A2025-29
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About this republication
The republished law
This is a republication of the Mental Health (Secure Facilities) Act 2016 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 26 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears
immediately before the provision heading. The text of the modifying provision appears in the
endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Mental Health (Secure Facilities)
Act 2016
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
6 Application of Act 3
7 What is a secure mental health facility? 3
8 Terms used in Mental Health Act 2015 3
Section 1 - Mental Health (Secure Facilities) Act 2016 - Mental Health (Secure Facilities) Act 2016 | Zoe
Contents
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Part 2 Administration
9 Directions—secure mental health facilities 4
10 Prohibited things 5
11 Directions to workers 5
12 Director-general—delegations 6
13 Treatment of child or young person patient 6
Part 3 Contact
Division 3.1 Contact generally
14 Meaning of contact 8
15 Contact—general considerations 8
16 Contact with family and others—generally 9
17 Limits on contact with others 9
18 Limits on contact with others—register 10
19 Patient may request no contact with stated person 11
20 Request by others for no contact with patient 12
21 Patient contact with others—court-ordered restrictions 13
22 Patient contact with others—record 14
Division 3.2 Contact—monitoring electronic communications
23 Monitoring electronic communications 14
24 Electronic communications—directions 15
Division 3.3 Contact—monitoring mail
25 Monitoring mail 15
26 Mail searches—consequences 17
27 Searched mail—register 17
Division 3.4 Contact—visitors
28 Visiting conditions—direction—general 18
29 Visiting conditions—notice 19
30 Visiting conditions—compliance 19
31 Visits by accredited people 20
32 Visits by public trustee and guardian etc 20
33 Visits by family, friends and others 21
34 Directions to visitors 22
Contents
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35 Taking prohibited things into secure mental health facility 23
36 Visitors—searches 23
37 Searches of visitors—requirements 25
38 Searches of visitors—child visitors 25
Part 4 Searches of patients
Division 4.1 Searches of patients—preliminary
39 Definitions 27
Division 4.2 Scanning, frisk and ordinary searches of patients
40 Scanning, frisk and ordinary searches of patients 28
41 Scanning, frisk and ordinary searches—requirements 29
42 Scanning, frisk and ordinary searches—record 29
Division 4.3 Strip searches
43 Meaning of seizeable item—div 4.3 30
44 Strip searches—when may be conducted 30
45 Strip searches—presence of authorised health practitioners 31
46 Strip searches—general rules 31
47 Strip search—record 32
Division 4.4 Treatment—patient has ingested or concealed
something
48 Treatment if patient has ingested or concealed thing—general 33
49 Treatment if patient has ingested or concealed thing—record etc 34
Division 4.5 Searches of premises and personal property etc
50 Searches—premises and personal property etc 34
51 Searches of premises and personal property etc—record 35
52 Searches—use of force 36
Division 4.6 Seizing property
53 Seizing property—general 36
54 Receipt for things seized 37
55 Forfeiture of things seized 37
56 Return of things seized but not forfeited 38
57 Application for order disallowing seizure 39
58 Order for return of seized thing 39
Contents
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Division 4.7 Searches—register
59 Searched premises and personal property—register 40
Division 4.8 Use of force
60 Managing use of force 42
61 Authorised use of force 42
62 Application of force 43
63 Medical examination after use of force 43
64 Use of force—record 43
65 Use of force—register 44
Part 5 Notification and review of decisions
66 Meaning of reviewable decision––pt 5 46
67 Reviewable decision notices 46
68 Applications for review 47
Part 6 Authorised people
69 Appointment of authorised people 48
70 Authorised people—functions 50
71 Damage etc to be minimised 50
72 Identity cards 51
Part 7 Miscellaneous
73 Prohibited things—tradespeople 52
74 Health care 52
75 Protection of officials from liability 53
76 Determination of fees 54
78 Regulation-making power 54
Contents
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Schedule 1 Reviewable decisions 55
Dictionary 57
Endnotes
1 About the endnotes 61
2 Abbreviation key 61
3 Legislation history 62
4 Amendment history 63
5 Earlier republications 64
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Australian Capital Territory
Mental Health (Secure Facilities)
Act 2016
An Act for the operation and management of secure mental health facilities
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Mental Health (Secure Facilities) Act 2016.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘child—see the Children and Young
People Act 2008, section 11.’ means that the term ‘child’ is defined in
that section and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Preliminary Part 1
Section 6
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6 Application of Act
This Act applies to an approved mental health facility declared by the
Minister under section 7 to be a secure mental health facility.
7 What is a secure mental health facility?
(1) The Minister may declare an approved mental health facility to be a
secure facility (a secure mental health facility).
(2) The Minister may declare an approved mental health facility to be a
secure mental health facility only if the approved mental health
facility—
(a) is conducted by the Territory; and
(b) provides for, or will provide for, the involuntary detention and
treatment of people, including correctional patients and forensic
patients.
(3) A declaration is a notifiable instrument.
Note Approved mental health facility—see the Mental Health Act 2015,
dictionary.
8 Terms used in Mental Health Act 2015
A term used in the Mental Health Act 2015 has the same meaning in
this Act.
Note A definition applies except so far as the contrary intention appears (see
Legislation Act, s 155).
Part 2 Administration
Section 9
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Part 2 Administration
9 Directions—secure mental health facilities
(1) The director-general may make directions in relation to a secure
mental health facility (a SMHF direction) to facilitate the effective
and efficient management of the facility.
Note Power to make a statutory instrument includes power to make different
provision in relation to different matters or different classes of matters,
and to make an instrument that applies differently by reference to stated
exceptions or factors (see Legislation Act, s 48).
(2) A SMHF direction must be consistent with—
(a) this Act and the Mental Health Act 2015; and
(b) if the direction applies to a health practitioner—the registration
standards for the health practitioner.
(3) A worker at a secure mental health facility must comply with a SMHF
direction.
Note Worker—see the dictionary.
(4) A SMHF direction is a notifiable instrument.
(5) In this section:
registration standard, for a health practitioner, means the registration
standard developed by the National Board established for the health
profession under the Health Practitioner Regulation National Law.
Administration Part 2
Section 10
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10 Prohibited things
The director-general may declare, in a SMHF direction, that a thing
is a prohibited thing for a secure mental health facility.
Examples—prohibited thing
• a mobile phone
• a laptop or other electronic communication device
• a knife
Note 1 Power to make a statutory instrument includes power to make different
provision in relation to different matters or different classes of matters
(see Legislation Act, s 48).
Note 2 A SMHF direction is a notifiable instrument (see s 9 (4)).
11 Directions to workers
(1) The person in charge of a secure mental health facility may direct a
worker at the facility to give the assistance that the person in charge
believes on reasonable grounds is necessary and reasonable for the
security and good order of the secure mental health facility.
(2) The worker must comply with the direction.
(3) If the person in charge of a secure mental health facility directs a
worker who is an authorised person to assist an authorised health
practitioner in a clinical area of the facility, the person in charge
must—
(a) make a written record of the direction; and
(b) make the record available for inspection by the director-general.
Part 2 Administration
Section 12
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12 Director-general—delegations
The director-general may delegate the director-general’s functions
under this Act to an authorised health practitioner.
Example
The director-general delegates to an authorised health practitioner the
director-general’s function in relation to searching a patient in the secure mental
health facility.
Note 1 For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
Note 2 Authorised health practitioner—see the dictionary.
13 Treatment of child or young person patient
(1) This section applies if a patient is a child or young person.
(2) In making a decision under this Act in relation to the patient, a
decision-maker must—
(a) regard the best interests of the patient as the paramount
consideration; and
(b) have regard to the principles mentioned in the CYP Act,
section 9 (Principles applying to Act) where relevant, except
when it is, or would be, contrary to the best interests of the
patient; and
(c) if the patient is an Aboriginal or Torres Strait Islander person—
take into account the matters mentioned in the CYP Act,
section 10 (Aboriginal and Torres Strait Islander children and
young people principle); and
(d) consider each of the youth justice principles mentioned in the
CYP Act, section 94 (Youth justice principles) that is relevant.
(3) A decision-maker must, if practicable and appropriate, have
qualifications, experience or skills suitable to apply the principles
mentioned in subsection (2) in making decisions under the Act in
relation to patients who are children or young people.
Administration Part 2
Section 13
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(4) In this section:
Aboriginal or Torres Strait Islander person—see the CYP Act,
dictionary.
CYP Act means the Children and Young People Act 2008.
Part 3 Contact
Division 3.1 Contact generally
Section 14
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Part 3 Contact
Division 3.1 Contact generally
14 Meaning of contact
In this Act:
contact, between a patient and another person, includes—
(a) any form of oral communication, whether face-to-face or by
telephone or other electronic communication; and
Examples—other electronic communication
• Skype
• Facetime
(b) any form of written communication, including by electronic
communication.
Examples—written electronic communication
• SMS
• email
15 Contact—general considerations
In exercising a function under this part, the director-general must
ensure the following are balanced appropriately:
(a) the benefits of patients maintaining contact with family, friends
and others;
(b) the need to protect the privacy of patients;
(c) the need to protect the safety of patients, mental health officers,
authorised health practitioners, authorised people and other
people who work at or visit a secure mental health facility;
(d) the need for security and good order at a secure mental health
facility;
Contact Part 3
Contact generally Division 3.1
Section 16
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(e) the need to prevent prohibited things entering a secure mental
health facility;
(f) anything else the director-general considers on reasonable
grounds to be relevant.
16 Contact with family and others—generally
(1) The director-general must ensure, as far as practicable, that adequate
opportunities are provided for patients to be able to contact family
members, friends and others.
(2) In particular, the director-general must ensure that adequate facilities
are available for a patient to contact an accredited person.
Note Accredited person—see the dictionary.
(3) The director-general may make a SMHF direction about the provision
of, and access to, communications facilities at a secure mental health
facility.
Examples—communications facilities
• telephones
• internet access
(4) Subsection (1) is subject to the following sections:
(a) section 17 (Limits on contact with others);
(b) section 20 (Request by others for no contact with patient);
(c) section 21 (Patient contact with others—court-ordered
restrictions).
17 Limits on contact with others
(1) The director-general may, in consultation with the chief psychiatrist,
limit a patient’s contact with others if the director-general believes on
reasonable grounds that the limit is necessary and reasonable to avoid
prejudicing the effectiveness of the patient’s treatment, care or
support.
Part 3 Contact
Division 3.1 Contact generally
Section 18
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(2) The director-general must not impose a limit on contact by the patient
with someone authorised under a territory law to communicate with
the patient.
Examples
• an official visitor
• the public trustee and guardian
(3) As soon as practicable after imposing a limit on contact by a patient
with others, the director-general must explain to the patient, in a way
the patient is most likely to understand—
(a) the nature of the limit; and
(b) the period for which the limit will be in effect; and
(c) the reason for imposing the limit.
(4) A limit must not be imposed for longer than 7 days.
(5) Subsection (3) does not prevent a further limit being imposed
immediately after the limit previously imposed ceases to be in effect.
18 Limits on contact with others—register
(1) If the director-general makes a decision under section 17 (1), the
director-general must record the decision, and the reason for the
decision, in a register kept by the director-general for that purpose.
Note A decision under s 17 (1) in relation to a patient, and the reason for it,
must also be recorded in the patient’s health record (see s 22).
(2) The register must include the following information:
(a) the name of the patient in relation to whom contact is limited;
(b) the details of the decision, including the date it was made, the
length it is imposed for and the reasons for the decision;
(c) anything else the director-general considers necessary;
(d) anything else prescribed by regulation.
Contact Part 3
Contact generally Division 3.1
Section 19
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(3) The register may be kept in any form, including electronically, that
the director-general decides.
(4) The director-general may correct a mistake, error or omission in the
register.
(5) The register must be available for inspection, on request, by a
commissioner exercising functions under the Human Rights
Commission Act 2005.
Note The following commissioners exercise functions under the Human Rights
Commission Act 2005:
• the children and young people commissioner
• the disability and community services commissioner
• the discrimination commissioner
• the health services commissioner
• the public advocate
• the victims of crime commissioner
• the human rights commissioner.
19 Patient may request no contact with stated person
(1) This section applies if a patient tells the person in charge of a secure
mental health facility the patient does not want to be contacted by a
stated person.
(2) The person in charge of the facility must take reasonable steps to
prevent the stated person contacting the patient.
Examples—reasonable steps
1 not allowing the stated person to visit the patient
2 not delivering mail from the stated person to the patient
3 not giving the patient telephone messages from the stated person
Note The name and contact details of the person the patient does not want
contact with must be recorded in the patient’s health record (see s 20).
Part 3 Contact
Division 3.1 Contact generally
Section 20
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(3) However, if the stated person is a health practitioner involved in the
patient’s care or treatment, the person in charge of the facility must
not prevent the stated person contacting the patient unless satisfied on
reasonable grounds there are good reasons why the stated person
should not contact the patient.
(4) The patient may, at any time, tell the person in charge of the facility
if the patient wants to again be contacted by the stated person.
(5) The director-general may make a SMHF direction about steps to be
taken for subsection (2).
Note A SMHF direction is a notifiable instrument (see s 9 (4)).
20 Request by others for no contact with patient
(1) This section applies if a person (the complainant) tells the person in
charge of a secure mental health facility that the complainant does not
want to be contacted by a stated patient in the facility.
(2) If the person in charge of the facility is satisfied there are good
reasons why the patient should not contact the complainant, the
person in charge of the facility must—
(a) tell the patient about the complainant’s request; and
(b) take reasonable steps to prevent the patient contacting the
complainant.
Example—good reason
inappropriate or threatening behaviour towards the complainant
(3) The person in charge of the facility must keep all mail from the patient
addressed to the complainant until—
(a) the complainant tells the person in charge that the patient may
contact the complainant; or
(b) the patient is discharged from the facility.
Note The name and contact details of the complainant must be recorded in the
patient’s health record (see s 22).
Contact Part 3
Contact generally Division 3.1
Section 21
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(4) If the patient is discharged from the facility, the person in charge of
the facility must give the mail to—
(a) if the patient is discharged to a correctional centre—the
corrections director-general; or
(b) in any other case—the patient.
Note 1 Correctional centre—see the Corrections Management Act 2007,
dictionary.
Note 2 Corrections director-general—see the Mental Health Act 2015,
dictionary.
21 Patient contact with others—court-ordered restrictions
(1) This section applies if a court orders that a patient is not to contact
another person (the non-contactable person).
(2) The director-general must take reasonable steps to prevent the patient
contacting the non-contactable person.
Note The name and contact details of the non-contactable person must be
recorded in the patient’s health record (see s 22).
(3) The person in charge of the secure mental health facility must keep
all mail from the stated patient addressed to the non-contactable
person until—
(a) the order ends or the court orders otherwise; or
(b) the patient is discharged from the facility.
(4) However, if the patient is a correctional patient returning to a
correctional centre, the person in charge of the facility must give all
mail from the patient addressed to the non-contactable person to the
corrections director-general.
Note Correctional patient—see the Mental Health Act 2015, s 135.
Corrections director-general—see the Mental Health Act 2015,
dictionary.
Part 3 Contact
Division 3.2 Contact—monitoring electronic communications
Section 22
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22 Patient contact with others—record
The person in charge of a secure mental health facility must record
the following information in a patient’s health record:
(a) if a decision is made under section 17 (1) (Limits on contact with
others) to limit a patient’s contact with others—the decision, the
reason for the decision and the period for which contact is
limited;
(b) if section 19 (Patient may request no contact with stated person)
applies to the patient—the names and contact details of the
people the patient does not want to be contacted by;
(c) if section 20 (Request by others for no contact with patient) or
section 21 (Patient contact with others—court-ordered
restrictions) applies to the patient—the names and contact
details of the people the patient must not contact.
Division 3.2 Contact—monitoring electronic
communications
23 Monitoring electronic communications
(1) The director-general must ensure that—
(a) a secure mental health facility has an area (an electronic
communications area) where electronic communication
facilities are available for use by patients in the facility; and
(b) patients are supervised at all times while in the electronic
communications area; and
(c) patients do not use an electronic communication device or other
means to capture visual data of the patient or another person.
Contact Part 3
Contact—monitoring mail Division 3.3
Section 24
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(2) The director-general may monitor communications in the electronic
communications area, other than between a patient and an accredited
person, if the director-general believes on reasonable grounds that the
monitoring is necessary and reasonable to avoid prejudicing the
effectiveness of the patient’s treatment, care or support.
(3) The director-general must tell the parties to the communication—
(a) that it might be monitored; and
(b) if it is monitored—that it has been monitored.
(4) In this section:
capture visual data—a person captures visual data of another person
if the person captures moving or still images of the other person by a
camera or any other means in such a way that—
(a) a recording is made of the images; or
(b) the images are capable of being transmitted in real time with or
without retention or storage in a physical or electronic form; or
(c) the images are otherwise capable of being distributed.
24 Electronic communications—directions
The director-general may make a SMHF direction about access to and
supervision of electronic communication facilities in a secure mental
health facility.
Note A SMHF direction is a notifiable instrument (see s 9 (4)).
Division 3.3 Contact—monitoring mail
25 Monitoring mail
(1) This section applies if the director-general suspects on reasonable
grounds that the contents of the mail of a patient—
(a) includes a prohibited thing; or
Part 3 Contact
Division 3.3 Contact—monitoring mail
Section 25
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(b) may affect the security or good order of, or the safety of a patient
or other person at, the facility.
(2) However, this section does not apply to mail a patient sends to or
receives from an accredited person.
Note Accredited person—see the dictionary.
(3) The director-general may search the patient’s mail.
(4) The director-general must—
(a) before searching a patient’s mail—tell the patient about the
director-general’s suspicion and that the patient’s mail will be
searched; and
(b) allow the patient, or a person named by the patient, to be present
when the mail is searched.
(5) The director-general must record in the patient’s health record the
details of a search conducted under this section including—
(a) the date of the search; and
(b) the reasons for the search; and
(c) the outcome of the search.
(6) In this section:
mail, of a patient, means—
(a) mail addressed to the patient; or
(b) mail from the patient addressed to another person.
search, a patient’s mail—
(a) includes search the mail—
(i) with a device using electronic or other technology; and
(ii) by physical means; but
(b) does not include reading any correspondence included in the
mail.
Contact Part 3
Contact—monitoring mail Division 3.3
Section 26
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26 Mail searches—consequences
(1) The director-general must deliver a patient’s mail searched under
section 25 (Monitoring mail) to the addressee as soon as practicable.
(2) Subsection (1) is subject to section 53 (Seizing property—general).
(3) If a search of the patient’s mail reveals information about the
commission of a serious offence, the director-general must give the
information to the chief police officer.
(4) In this section:
serious offence means an offence punishable by imprisonment for
5 years or longer, and includes an offence in another jurisdiction that
would be a serious offence if committed in the ACT.
27 Searched mail—register
(1) The director-general must keep a register of mail searched under
section 25 (Monitoring mail).
(2) The register must include the following information in relation to
each item of mail searched:
(a) the name of the patient whose mail was searched;
(b) the date the mail was searched;
(c) whether the mail contained a prohibited thing;
(d) whether the search revealed information about the commission
of a serious offence and, if so, whether the information was
given to the chief police officer;
(e) the date the mail was given to the addressee;
(f) anything else prescribed by regulation.
(3) The register may be kept in any form, including electronically, that
the director-general decides.
Part 3 Contact
Division 3.4 Contact—visitors
Section 28
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(4) The director-general may correct a mistake, error or omission in the
register.
(5) The register must be available for inspection, on request, by a
commissioner exercising functions under the Human Rights
Commission Act 2005.
Note The following commissioners exercise functions under the Human Rights
Commission Act 2005:
• the children and young people commissioner
• the disability and community services commissioner
• the discrimination commissioner
• the health services commissioner
• the public advocate
• the victims of crime commissioner
• the human rights commissioner.
(6) In this section:
serious offence—see section 26 (4).
Division 3.4 Contact—visitors
28 Visiting conditions—direction—general
(1) The director-general may make a SMHF direction about conditions
for visiting a secure mental health facility.
(2) The direction may include conditions relating to the following:
(a) times and length of visits;
(b) the number of visitors allowed for each patient at a time;
(c) the provision of evidence of a visitor’s identity or status;
(d) the provision of biometric information to verify a visitor’s
identity;
(e) procedures in relation to visitors who are accredited people;
Contact Part 3
Contact—visitors Division 3.4
Section 29
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(f) procedures in relation to visitors who are children;
(g) circumstances in which visitors may be monitored;
(h) facilities for visitors, including storage for personal property;
(i) prohibited things;
(j) anything else the director-general considers necessary to protect
security or good order at the secure mental health facility.
Note The Information Privacy Act 2014 applies to personal information about
visitors collected under this section.
29 Visiting conditions—notice
The director-general must take reasonable steps to bring any visiting
conditions for a secure mental health facility to the attention of
visitors at the facility.
Examples
1 making the direction available on the facility’s website
2 displaying a copy of the conditions prominently at each entrance to the facility
Note A SMHF direction is a notifiable instrument (see s 9 (4)).
30 Visiting conditions—compliance
(1) A visitor to a secure mental health facility must comply with the
visiting conditions for the facility.
(2) If a visitor fails to comply with a visiting condition, the person in
charge of the facility may direct the visitor to leave the facility.
(3) The person in charge of the secure mental health facility must—
(a) keep a written record of all directions given under
subsection (2); and
(b) each year, give the director-general a report about all directions
given under subsection (2) during the year.
Part 3 Contact
Division 3.4 Contact—visitors
Section 31
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(4) If the person in charge of a secure mental health facility directs a
visitor to leave the facility, the person must give the visitor a written
statement that includes—
(a) the reason for the direction; and
(b) a copy of the visiting conditions for the facility.
31 Visits by accredited people
(1) The person in charge of a secure mental health facility may, for a
reason relating to the safety of the accredited person or a patient in
the facility, direct an accredited person to leave the facility.
Examples—reasons relating to safety of accredited person or patient
• a disturbance at the secure mental health facility
• a fire at the secure mental health facility
• clinical reasons related to the patient’s treatment
(2) The person in charge must, as soon as practicable, tell the
director-general about the direction and the reason for it.
32 Visits by public trustee and guardian etc
(1) The following people may, at any reasonable time, enter a secure
mental health facility following a request from a patient at the facility
or on the person’s own initiative:
(a) the public trustee and guardian;
(b) a commissioner exercising functions under the Human Rights
Commission Act 2005;
(c) an accredited person;
(d) a person prescribed by regulation.
Note 1 The following commissioners exercise functions under the Human Rights
Commission Act 2005:
• the children and young people commissioner
• the disability and community services commissioner
Contact Part 3
Contact—visitors Division 3.4
Section 33
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• the discrimination commissioner
• the health services commissioner
• the public advocate
• the victims of crime commissioner
• the human rights commissioner.
Note 2 An official visitor may enter a visitable place at any reasonable time
following a complaint from an entitled person or on the official visitor’s
own initiative (see Official Visitor Act 2012, s 15 (1)). A mental health
facility is a visitable place for the purposes of the Official Visitor Act 2012
(see Mental Health Act 2015, s 211).
(2) The director-general may decide that a nominated time is not a
reasonable time if the director-general believes on reasonable
grounds the person’s safety would be at risk if the person visited the
facility at the time nominated.
Example—time that would not be reasonable
an emergency in relation to a patient at the mental health facility
(3) The director-general must give the person any reasonable assistance
the person asks for to exercise the person’s functions at the secure
mental health facility.
Examples
1 giving access to documents and records relating to a complaint
2 answering reasonable questions about the facts of a complaint
3 giving reasonable access to facilities
Note The director-general must give an official visitor any reasonable
assistance the official visitor asks for to exercise their functions at a
secure mental health facility (see Official Visitor Act 2012, s 18 (2)).
(4) The director-general must not give the person access to a patient’s
health record without the patient’s consent.
33 Visits by family, friends and others
(1) This section applies if the director-general has made a decision under
section 17 (2) (Limits on contact with others) to restrict contact with
a patient.
Part 3 Contact
Division 3.4 Contact—visitors
Section 34
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(2) The director-general or the person in charge of the facility may
require a person (an intending visitor) wanting to visit the patient to
make an appointment to do so.
(3) The director-general or person in charge of the facility may refuse to
allow the intending visitor to visit the patient if the director-general
believes on reasonable grounds that the refusal is necessary and
reasonable to avoid prejudicing the effectiveness of the patient’s
treatment, care or support.
(4) If the person in charge of the facility refuses to allow an intending
visitor to visit the patient, the person must, as soon as practicable,
give the intending visitor and the director-general written notice of
the decision and the reasons for it.
34 Directions to visitors
(1) The director-general may, orally or in writing, give a direction to a
visitor at a secure mental health facility to do, or not do, something if
the director-general believes on reasonable grounds that the direction
is necessary and reasonable—
(a) to ensure compliance with the visiting conditions; or
(b) for the safety of other patients or staff at the facility.
(2) A direction under subsection (1) may include a direction to—
(a) not enter the facility; or
(b) leave the facility.
(3) If a direction is given in relation to a visitor who is a child, the
director-general must tell the child’s parent or someone else with
parental responsibility for the child about the direction and the
reasons for it.
Note Person with parental responsibility, for a child—see the dictionary.
(4) The director-general must keep a record of each direction given under
this section.
Contact Part 3
Contact—visitors Division 3.4
Section 35
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35 Taking prohibited things into secure mental health facility
(1) A person must not, without the director-general’s approval—
(a) take a prohibited thing into a secure mental health facility; or
(b) give or send a prohibited thing to a patient in a secure mental
health facility.
(2) The director-general may direct a person who contravenes
subsection (1) to—
(a) if possession of the prohibited thing is not an offence—leave the
prohibited thing in a secure place provided at the entrance to the
secure mental health facility; or
(b) leave the secure mental health facility.
(3) In this section:
send a prohibited thing to a patient in a secure mental health facility
includes throw, drop or propel the prohibited thing into the facility.
36 Visitors—searches
(1) The director-general may, at any time, direct an authorised person to
conduct a scanning search, frisk search or ordinary search of a visitor
entering, or in, a secure mental health facility if the director-general
believes on reasonable grounds that it is prudent to conduct the search
to protect—
(a) the safety of anyone at the secure mental health facility; or
(b) security or good order at the secure mental health facility.
Note Frisk search, ordinary search and scanning search—see s 39.
Part 3 Contact
Division 3.4 Contact—visitors
Section 36
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(2) Also, an authorised person may conduct a scanning search, frisk
search or ordinary search of a visitor in a secure mental health facility
if the authorised person suspects on reasonable grounds that the
visitor is carrying—
(a) a prohibited thing; or
(b) anything else that creates, or is likely to create, a risk to—
(i) the personal safety of a patient or anyone else; or
(ii) security or good order at the secure mental health facility.
(3) An authorised person must not search the visitor or the visitor’s
personal property without the visitor’s consent.
(4) A visitor may refuse or withdraw consent and have the search
discontinued at any time.
(5) If the visitor refuses to allow an authorised person to search the visitor
or, if the search has started, withdraws consent, the authorised person
may—
(a) if the visitor is entering (or about to enter) the secure mental
health facility—refuse to allow the visitor to enter the facility;
or
(b) if the visitor is in the facility—direct the visitor to leave the
facility.
(6) This section does not apply to—
(a) personal property that a visitor leaves in a secure place provided
at the entrance to a secure mental health facility; or
(b) anything for which a visitor has the director-general’s approval
to take into a secure mental health facility.
Example par (a)—secure place
a lockable cupboard
Contact Part 3
Contact—visitors Division 3.4
Section 37
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(7) In this section:
visitor includes a person working at the secure mental health facility.
Examples—worker at approved mental health facility
• staff member
• tradesperson
• health practitioner
37 Searches of visitors—requirements
(1) An authorised person may conduct a scanning search, frisk search or
ordinary search of a visitor under section 36 only if—
(a) the authorised person is of the same sex as the visitor; or
(b) if that is not practicable—another person of the same sex as, or
a sex nominated by, the visitor is present while the search is
conducted.
(2) The authorised person must conduct the least invasive kind of search
practicable.
(3) The authorised person must conduct the search—
(a) in a way that provides reasonable privacy for the person; and
(b) as quickly as practicable.
38 Searches of visitors—child visitors
(1) If a visitor is a child, an authorised person—
(a) may only conduct a scanning search of the child; and
(b) must not conduct any other search of the child.
Part 3 Contact
Division 3.4 Contact—visitors
Section 38
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(2) If an authorised person suspects on reasonable grounds that a visitor
who is a child is carrying something mentioned in section 36 (2), the
authorised person must—
(a) direct the child—
(i) not to enter the secure mental health facility; or
(ii) if the child is in the facility—to leave the facility; and
(b) tell the person with parental responsibility for the child about the
direction and the reasons for it; and
Note Person with parental responsibility, for a child—see the
dictionary.
(c) tell the director-general, in writing, about the direction and the
reasons for it.
Searches of patients Part 4
Searches of patients—preliminary Division 4.1
Section 39
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Part 4 Searches of patients
Division 4.1 Searches of patients—preliminary
39 Definitions
In this Act:
frisk search means—
(a) a search of a person conducted by quickly running the hands
over the person’s outer garments; and
(b) an examination of anything worn or carried by the person that is
conveniently and voluntarily removed by the person.
ordinary search means a search of a person, or of articles in a
person’s possession, that may include—
(a) requiring the person to remove the person’s overcoat, coat or
jacket and any gloves, shoes or hat; and
(b) an examination of those items.
scanning search means a search of a person by electronic or other
means that does not require the person to remove the person’s
clothing or to be touched by someone else.
Examples—scanning searches
1 passing a portable electronic or other device over a person
2 requiring a person to pass by or through an electronic or other device
Part 4 Searches of patients
Division 4.2 Scanning, frisk and ordinary searches of patients
Section 40
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Division 4.2 Scanning, frisk and ordinary searches
of patients
40 Scanning, frisk and ordinary searches of patients
(1) The director-general may, at any time, direct an authorised health
practitioner to conduct a scanning search, frisk search or ordinary
search of a patient if the director-general believes on reasonable
grounds that it is prudent to conduct the search to protect—
(a) the safety of anyone at the secure mental health facility; or
(b) security or good order at the secure mental health facility.
Examples—when search may be conducted
1 on a patient’s admission to the secure mental health facility
2 when a patient returns from leave to the secure mental health facility
3 following a visit from a visitor to the secure mental health facility
(2) Also, an authorised health practitioner may conduct a scanning
search, frisk search or ordinary search of a patient if the authorised
health practitioner suspects on reasonable grounds that the patient is
carrying—
(a) a prohibited thing; or
(b) anything else that creates, or is likely to create, a risk to—
(i) the personal safety of the patient or anyone else; or
(ii) security or good order at the secure mental health facility.
Note Section 52 provides for the use of force to carry out searches under this
part.
Searches of patients Part 4
Scanning, frisk and ordinary searches of patients Division 4.2
Section 41
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41 Scanning, frisk and ordinary searches—requirements
(1) An authorised health practitioner may conduct a scanning search,
frisk search or ordinary search of a person under section 40 only if—
(a) the authorised health practitioner is of the same sex as the person
to be searched; or
(b) if that is not practicable—another person of the same sex as, or
a sex nominated by, the person to be searched is present while
the search is conducted.
(2) The authorised health practitioner must conduct the least invasive
kind of search practicable.
(3) The authorised health practitioner must conduct the search—
(a) in a way that provides reasonable privacy for the person; and
(b) as quickly as practicable.
42 Scanning, frisk and ordinary searches—record
If an authorised health practitioner conducts a search of a patient
under this division, the authorised health practitioner must record the
following in the patient’s health record:
(a) the date and time of the search;
(b) the reason for the search;
(c) the kind of search conducted;
(d) the outcome of the search.
Note Information about a search of a patient under this division must also be
included in the register of searches (see s 59).
Part 4 Searches of patients
Division 4.3 Strip searches
Section 43
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Division 4.3 Strip searches
43 Meaning of seizeable item—div 4.3
In this division:
seizeable item means anything that—
(a) is a prohibited thing; or
(b) may be used by a patient in a way that may involve—
(i) intimidating anyone else; or
(ii) an offence; or
(iii) a risk to the personal safety of anyone else; or
(iv) a risk to security or good order at the facility.
44 Strip searches—when may be conducted
(1) A patient may be strip searched only if the director-general gives a
direction in accordance with subsection (2).
Note Section 52 provides for the use of force to carry out searches under this
part.
(2) The director-general may direct an authorised health practitioner to
strip search a patient if the director-general suspects on reasonable
grounds that—
(a) the patient has a seizeable item concealed on the patient; and
(b) a less intrusive search will not detect the item.
(3) To remove any doubt, a strip search of a patient may be conducted
immediately after any scanning search, frisk search or ordinary search
of the patient.
(4) The director-general must make a SMHF direction in relation to strip
searches under this section.
Note A SMHF direction is a notifiable instrument (see s 9 (4)).
Searches of patients Part 4
Strip searches Division 4.3
Section 45
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45 Strip searches—presence of authorised health
practitioners
(1) A strip search of a patient must be done—
(a) by an authorised health practitioner of the same sex as, or a sex
nominated by, the patient; and
(b) in the presence of 1 or more other authorised health
practitioners, each of whom must be of the same sex as, or a sex
nominated by, the patient.
(2) However, the number of authorised health practitioners present
during the search must be no more than necessary and reasonable to
ensure the search is carried out as safely and effectively as possible.
(3) The authorised health practitioner conducting the search may direct
another authorised health practitioner present to provide assistance
that the conducting health practitioner believes on reasonable grounds
is necessary and reasonable for the search.
(4) An authorised health practitioner may give directions to the patient
for the conduct of the search in accordance with this section.
Examples
directions that the patient raise 1 or both arms, raise any long hair or turn in a
particular direction
46 Strip searches—general rules
(1) A strip search must be conducted in a private area or an area that
provides reasonable privacy for the patient being searched.
(2) The search must not involve—
(a) the removal from the patient of more clothes than is necessary
and reasonable to conduct the search; or
(b) the removal from the patient of more clothes at any time than is
necessary and reasonable to conduct the search; or
Part 4 Searches of patients
Division 4.3 Strip searches
Section 47
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(c) without limiting paragraph (b), both the upper and lower parts
of the patient’s body being uncovered at the same time.
(3) Subject to section 52 (Searches—use of force), the search must not
involve any touching of the patient’s body by an authorised health
practitioner.
(4) Each authorised health practitioner present during the search must
ensure, as far as practicable, that—
(a) the search is done in a way that minimises embarrassment for
the patient; and
(b) the search is done quickly; and
(c) the patient is allowed to dress in private immediately after the
search is finished.
(5) If clothing from a patient is seized during a strip search, the
director-general must ensure that the patient is left with, or given,
appropriate clothing to wear.
47 Strip search—record
If an authorised health practitioner conducts a strip search of a patient
under this division, the authorised health practitioner must, as soon as
practicable, record the following in the patient’s health record:
(a) the date and time of the search;
(b) the reason for the search;
(c) the outcome of the search, including whether a seizeable item
was found on the patient and if so, what was found.
Note Information about a search of a patient under this division must also be
included in the register of searches (see s 59).
Searches of patients Part 4
Treatment—patient has ingested or concealed something Division 4.4
Section 48
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Division 4.4 Treatment—patient has ingested or
concealed something
48 Treatment if patient has ingested or concealed thing—
general
(1) This section applies if the director-general suspects on reasonable
grounds that a patient—
(a) has ingested or inserted something in the patient’s body that may
jeopardise the patient’s health or wellbeing; or
(b) has a prohibited thing concealed in or on the patient’s body that
may be used in a way that may pose a risk to the security or good
order of the secure mental health facility.
(2) The director-general must arrange for a doctor to—
(a) examine the patient to determine whether the patient has
ingested or inserted something in, or concealed a prohibited
thing in or on, the patient’s body; and
(b) if necessary—
(i) administer the treatment the doctor considers appropriate
or necessary to remove the thing; or
(ii) transfer the patient to another facility for treatment to
remove the thing.
(3) In this section:
health facility—see the Health Act 1993, section 6.
Part 4 Searches of patients
Division 4.5 Searches of premises and personal property etc
Section 49
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49 Treatment if patient has ingested or concealed thing—
record etc
(1) This section applies if a patient receives treatment under section 48.
(2) The director-general must—
(a) record the following in the patient’s health record:
(i) the date and time of the treatment;
(ii) the reason for the treatment;
(iii) the kind of treatment administered;
(iv) the outcome of the treatment; and
(b) notify the public advocate.
Division 4.5 Searches of premises and personal
property etc
50 Searches—premises and personal property etc
(1) The director-general may, at any time, conduct a search of any part
of a secure mental health facility if the director-general believes on
reasonable grounds that it is prudent to conduct the search to
protect—
(a) the safety of anyone at the secure mental health facility; or
(b) security or good order at the secure mental health facility.
(2) To remove any doubt, a search under subsection (1) may include a
search of—
(a) the personal property or room of a patient in the secure mental
health facility; or
(b) a vehicle used to transport a patient.
Searches of patients Part 4
Searches of premises and personal property etc Division 4.5
Section 51
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(3) If a patient’s personal property or room is to be searched, the director-
general must—
(a) tell the patient about the director-general’s belief and that the
patient’s personal property or room at the facility will be
searched; and
(b) allow the patient, or a person named by the patient, to be present
when the personal property or room is searched.
(4) The director-general may search the patient’s personal property or
room at the secure mental health facility.
(5) In this section:
search includes search—
(a) with a device using electronic or other technology; and
(b) by physical means.
51 Searches of premises and personal property etc—record
If the director-general conducts a search of a patient’s personal
property or room under section 50, the director-general must record
the following in the patient’s health record:
(a) the date and time of the search;
(b) the reason for the search;
(c) the outcome of the search, including whether anything was
found and if so, what was found.
Note Information about a search of a patient’s personal property or room under
s 50 must also be included in the register of searches (see s 59).
Part 4 Searches of patients
Division 4.6 Seizing property
Section 52
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52 Searches—use of force
(1) The director-general may use force—
(a) to carry out a search under this part; or
(b) to prevent the loss, destruction or contamination of anything
seized, or that may be seized, during the search.
(2) However, the director-general may use force only in accordance with
division 4.8 (Use of force).
Division 4.6 Seizing property
53 Seizing property—general
(1) The director-general may seize—
(a) anything found at a secure mental health facility, whether or not
in a person’s possession, that the director-general suspects on
reasonable grounds jeopardises or is likely to jeopardise—
(i) security or good order at the secure mental health facility;
or
(ii) the safety of anyone at the secure mental health facility; or
(b) anything found at a secure mental health facility, whether or not
in a person’s possession, that the director-general suspects on
reasonable grounds is being used, or is intended, for the
commission of an offence; or
(c) a prohibited thing found on a patient or in a patient’s custody or
possession, unless the patient has the director-general’s written
approval to possess the thing; or
(d) a prohibited thing found in mail addressed to a patient that is not
yet in the patient’s possession.
(2) To remove any doubt, this section extends to anything found in a
search under this part.
Searches of patients Part 4
Seizing property Division 4.6
Section 54
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54 Receipt for things seized
(1) As soon as practicable after a thing is seized under this part, the
director-general must give a receipt for it to—
(a) the owner of the thing; or
(b) if the owner cannot be identified after reasonable inquiries
(given the thing’s apparent value)—the person from whom the
thing was seized.
(2) The receipt must include the following:
(a) a description of the thing seized;
(b) an explanation of why the thing was seized;
(c) a statement about the effect of section 55;
(d) anything else prescribed by regulation.
(3) In this section:
owner, of a thing, includes a person entitled to possession of the thing.
55 Forfeiture of things seized
(1) A thing seized under this part is forfeited to the Territory if the
director-general decides on reasonable grounds—
(a) that—
(i) after making reasonable inquiries (given the thing’s
apparent value), the owner of the thing cannot be found; or
(ii) after making reasonable efforts (given the thing’s apparent
value), the thing cannot be returned to the owner; or
(b) that—
(i) possession of the thing by a patient is an offence; or
(ii) it is necessary to keep the thing to stop it being used for the
commission of an offence; or
(iii) the thing is inherently unsafe.
Part 4 Searches of patients
Division 4.6 Seizing property
Section 56
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(2) The director-general may deal with a thing forfeited to the Territory
under this section, or dispose of it, as the director-general considers
on reasonable grounds to be appropriate.
(3) However, subsection (2) is subject to any order under the Crimes
Act 1900, section 249 (Seizure of forfeited articles).
Examples—s (2)
1 giving a forfeited weapon to a police officer
2 keeping a forfeited electrical appliance and using it for the benefit of patients
generally
3 dumping a forfeited thing of little value
Note 1 The Crimes Act 1900 also provides for articles forfeited under any law in
force in the ACT to be seized by a member of the police force, taken
before the Magistrates Court and for the court to order disposal of the
article by the public trustee (see that Act, s 249 and s 250).
Note 2 The Uncollected Goods Act 1996 provides generally for the disposal of
uncollected goods, including goods abandoned on premises controlled by
the Territory.
56 Return of things seized but not forfeited
(1) If a thing seized under this Act is not forfeited, the director-general
must return it to its owner—
(a) not later than the end of 6 months after the day it was seized; or
(b) if a proceeding for an offence involving the thing is started
within the 6-month period—at the end of the proceeding and any
appeal from, or the review of, the proceeding.
(2) However, if the thing was being retained as evidence of an offence
and the director-general believes on reasonable grounds that its
retention as evidence is no longer necessary, the director-general
must return it immediately.
(3) In this section:
owner, of a thing—see section 54 (3).
Searches of patients Part 4
Seizing property Division 4.6
Section 57
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57 Application for order disallowing seizure
(1) A person claiming to be entitled to anything seized under this Act
may apply to the Magistrates Court within 10 days after the day of
the seizure for an order disallowing the seizure.
(2) The application may be heard only if the applicant has served a copy
of the application on the director-general.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(3) The director-general is entitled to appear as respondent in the hearing
of the application.
58 Order for return of seized thing
(1) This section applies if a person claiming to be entitled to anything
seized under this Act applies to the Magistrates Court under
section 57 for an order disallowing the seizure.
(2) The Magistrates Court must make an order disallowing seizure if
satisfied that—
(a) the applicant would, apart from the seizure, be entitled to the
return of the seized thing; and
(b) the thing is not connected with an offence against this Act; and
(c) possession of the thing by the person would not be an offence.
(3) The Magistrates Court may also make an order disallowing the
seizure if satisfied there are exceptional circumstances justifying the
making of the order.
(4) If the Magistrates Court makes an order disallowing the seizure, the
court may make 1 or more of the following ancillary orders:
(a) an order directing the director-general to return the thing to the
applicant or to someone else who appears to be entitled to it;
Part 4 Searches of patients
Division 4.7 Searches—register
Section 59
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(b) if the thing cannot be returned or has depreciated in value
because of the seizure—an order directing the Territory to pay
reasonable compensation;
(c) an order about the payment of costs in relation to the application.
Division 4.7 Searches—register
59 Searched premises and personal property—register
(1) The director-general must keep a register of searches carried out at a
secure mental health facility under this part.
(2) The register must include the following information in relation to
each search:
(a) the name of the patient who was searched or whose personal
property or room was searched;
(b) the name of each person present during the search;
(c) the date the patient or the patient’s personal property or room
was searched;
(d) the reason for the search;
(e) the kind of search undertaken;
(f) the outcome of the search;
(g) whether a prohibited thing or thing that may affect the security
or good order of, or the safety of a patient or other person at, the
facility was found during the search;
(h) whether anything was seized during the search and, if so, details
of the thing seized;
(i) whether the search revealed information about the commission
of an offence and, if so, whether the information was given to
the chief police officer;
Searches of patients Part 4
Searches—register Division 4.7
Section 59
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(j) if the patient received treatment under section 48 (Treatment if
patient has ingested or concealed thing—general)—
(i) the treatment the patient received; and
(ii) where the patient received the treatment; and
(iii) who administered the treatment; and
(iv) the outcome of the treatment;
(k) anything else the director-general considers relevant;
(l) anything else prescribed by regulation.
(3) The register may be kept in any form, including electronically, that
the director-general decides.
(4) The director-general may correct a mistake, error or omission in the
register.
(5) The register must be available for inspection, on request, by a
commissioner exercising functions under the Human Rights
Commission Act 2005.
Note The following commissioners exercise functions under the Human Rights
Commission Act 2005:
• the children and young people commissioner
• the disability and community services commissioner
• the discrimination commissioner
• the health services commissioner
• the public advocate
• the victims of crime commissioner
• the human rights commissioner.
(6) In this section:
search carried out under this part includes treatment given to a
patient under section 48 (Treatment if patient has ingested or
concealed thing—general).
Part 4 Searches of patients
Division 4.8 Use of force
Section 60
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Division 4.8 Use of force
60 Managing use of force
(1) The director-general must ensure, as far as practicable, that the use of
force in relation to the management of patients in a secure mental
health facility is always—
(a) a last resort; and
(b) in accordance with this division.
(2) Without limiting section 9 (Directions—secure mental health
facilities), the director-general must make a SMHF direction in
relation to the use of force, including provision in relation to the
following:
(a) the circumstances, and by whom, force may be used;
(b) the kinds of force that may be used.
Note 1 A SMHF direction is a notifiable instrument (see s 9 (4)).
Note 2 The power to make a SMHF direction includes power to make different
provisions in relation to different matters or different classes of matters,
and provisions that apply differently by reference to stated exceptions or
factors (see Legislation Act, s 48).
61 Authorised use of force
(1) An authorised health practitioner may use force that is necessary and
reasonable for this Act to act under section 52 (Searches—use of
force).
(2) However, an authorised health practitioner may use force only if the
authorised health practitioner believes on reasonable grounds that the
purpose for which force may be used cannot be achieved in another
way.
Searches of patients Part 4
Use of force Division 4.8
Section 62
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62 Application of force
(1) An authorised health practitioner may use force under this division
only if the authorised health practitioner—
(a) gives a clear warning of the intended use of force; and
(b) allows enough time for the warning to be observed; and
(c) uses no more force than is necessary and reasonable in the
circumstances; and
(d) uses force, as far as practicable, in a way that reduces the risk of
causing death or grievous bodily harm.
(2) However, the authorised health practitioner need not comply with
subsection (1) (a) or (b) if, in urgent circumstances, the authorised
health practitioner believes on reasonable grounds that doing so
would create a risk of injury to the authorised health practitioner, the
patient or anyone else.
Example—urgent circumstances
the patient is assaulting someone or engaging in self-harm
63 Medical examination after use of force
The director-general must ensure that a doctor examines a patient
injured by the use of force under this division as soon as practicable
and that appropriate health care is available to the patient.
64 Use of force—record
(1) The director-general must keep a record of any incident involving the
use of force under this division.
(2) The record must—
(a) include details of the incident, including the circumstances, the
decision to use force and the force used; and
Part 4 Searches of patients
Division 4.8 Use of force
Section 65
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(b) be available for inspection, on request, by a commissioner
exercising functions under the Human Rights Commission
Act 2005.
Note The following commissioners exercise functions under the Human
Rights Commission Act 2005:
• the children and young people commissioner
• the disability and community services commissioner
• the discrimination commissioner
• the health services commissioner
• the public advocate
• the victims of crime commissioner
• the human rights commissioner.
(3) The director-general must give a copy of the record to the public
advocate and an official visitor.
65 Use of force—register
(1) The director-general must keep a register of any incident involving
the use of force under this division.
(2) The register must include the following information in relation to
each incident involving the use of force:
(a) the name of the patient involved in the incident;
(b) the name of each person present during the incident;
(c) the date force was used on the patient;
(d) the reason for the use of force;
(e) the force used;
(f) the injury caused, if any;
(g) if someone died as a result of the use of force, the date and
circumstances of the death;
Searches of patients Part 4
Use of force Division 4.8
Section 65
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(h) anything else the director-general considers relevant;
(i) anything else prescribed by regulation.
(3) The register may be kept in any form, including electronically, that
the director-general decides.
(4) The director-general may correct a mistake, error or omission in the
register.
(5) The register must be available for inspection, on request, by a
commissioner exercising functions under the Human Rights
Commission Act 2005.
Note The following commissioners exercise functions under the Human Rights
Commission Act 2005:
• the children and young people commissioner
• the disability and community services commissioner
• the discrimination commissioner
• the health services commissioner
• the public advocate
• the victims of crime commissioner
• the human rights commissioner.
Part 5 Notification and review of decisions
Section 66
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Part 5 Notification and review of
decisions
66 Meaning of reviewable decision––pt 5
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.
67 Reviewable decision notices
If the director-general makes a reviewable decision, the
director-general must give a reviewable decision notice to the
following people:
(a) a commissioner exercising functions under the Human Rights
Commission Act 2005;
Note The following commissioners exercise functions under the Human
Rights Commission Act 2005:
• the children and young people commissioner
• the disability and community services commissioner
• the discrimination commissioner
• the health services commissioner
• the public advocate
• the victims of crime commissioner
• the human rights commissioner.
(b) each entity mentioned in schedule 1, column 4 in relation to the
decision.
Note The director-general must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Notification and review of decisions Part 5
Section 68
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68 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) a commissioner exercising functions under the Human Rights
Commission Act 2005;
(b) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(c) any other person whose interests are affected by the decision.
Part 6 Authorised people
Section 69
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Part 6 Authorised people
69 Appointment of authorised people
(1) The director-general may appoint a person as an authorised person
for this Act.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
(2) The director-general may appoint a person as an authorised person
only if the director-general is satisfied the person—
(a) holds a security licence; and
(b) is, or will be, employed by a person holding a master licence
under the Security Industry Act 2003; and
(c) is registered under the Working with Vulnerable People
(Background Checking) Act 2011; and
(d) has the kinds of qualifications, training, skills or experience
necessary for dealing with people with a mental illness or mental
disorder; and
(e) has not—
(i) committed an offence against this Act; or
(ii) been convicted or found guilty of an offence involving
fraud, dishonesty, violence, drugs or weapons; and
(f) is capable of competently exercising the functions of an
authorised person for this Act.
Note A person engaged in an activity or service, the usual functions of which
include providing treatment, care, rehabilitation or protection to people
who are mentally impaired, mentally dysfunctional or mentally ill must
be registered under the Working with Vulnerable People (Background
Checking) Act 2011 to engage in the activity (see that Act, s 12).
Authorised people Part 6
Section 69
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(3) The director-general may end the appointment of a person as an
authorised person if—
(a) the person ceases to hold a security licence; or
(b) the person is not employed by a person holding a master licence
under the Security Industry Act 2003; or
(c) the person’s registration under the Working with Vulnerable
People (Background Checking) Act 2011—
(i) is made subject to a condition that the person not engage in
a regulated activity described in that Act, schedule 1,
section 1.8 (Mental health); or
(ii) is suspended; or
(iii) ends; or
(d) the person commits an offence against this Act; or
(e) the person has been convicted or found guilty of an offence
involving fraud, dishonesty, violence, drugs or weapons; or
(f) the person is not capable of competently exercising the functions
of an authorised person for this Act.
Note An authorised person’s appointment also ends if the person resigns (see
Legislation Act, s 210).
(4) In this section:
security licence means a licence under the Security Industry Act 2003
that authorises the licensee to carry out a security activity under that
Act, section 13.
Part 6 Authorised people
Section 70
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70 Authorised people—functions
(1) An authorised person—
(a) has the functions given to the person under this Act; and
(b) is subject to the directions of the director-general in the exercise
of the functions.
(2) The functions of an authorised person may be limited by—
(a) the instrument appointing the person; or
(b) written notice given to the person by the director-general; or
(c) a regulation.
71 Damage etc to be minimised
(1) In the exercise, or purported exercise, of a function under this Act, an
authorised person must take all reasonable steps to ensure that the
person causes as little inconvenience, detriment and damage as
practicable.
(2) If an authorised person damages anything in the exercise or purported
exercise of a function under this Act, the authorised person must give
written notice of the particulars of the damage to the person the
authorised person believes on reasonable grounds is the owner of the
thing.
(3) The notice must state that—
(a) the person may claim compensation from the Territory if the
person suffers loss or expense because of the damage; and
(b) compensation may be claimed and ordered in a proceeding for
compensation brought in a court of competent jurisdiction; and
(c) the court may order the payment of reasonable compensation for
the loss or expense only if satisfied it is just to make the order in
the circumstances of the particular case.
Authorised people Part 6
Section 72
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72 Identity cards
(1) The director-general must give an authorised person an identity card
stating the person’s name and that the person is an authorised person.
(2) The identity card must show—
(a) a recent photograph of the authorised person; and
(b) the card’s date of issue and expiry; and
(c) anything else prescribed by regulation.
(3) A person commits an offence if the person—
(a) stops being an authorised person; and
(b) does not return the person’s identity card to the director-general
as soon as practicable (but not later than 7 days) after the day the
person stops being an authorised person.
Maximum penalty: 1 penalty unit.
(4) Subsection (3) does not apply to a person if the person’s identity card
has been—
(a) lost or stolen; or
(b) destroyed by someone else.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (4) (see Criminal Code, s 58).
(5) An offence against this section is a strict liability offence.
Part 7 Miscellaneous
Section 73
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Part 7 Miscellaneous
73 Prohibited things—tradespeople
(1) This section applies to a tradesperson at a secure mental health facility
for the purpose of providing a trade service at the facility.
(2) Despite section 35 (Taking prohibited things into secure mental
health facility), a tradesperson may, with approval of the
director-general, take a prohibited thing into a secure mental health
facility for the purpose of providing a trades service at the facility.
(3) The director-general may make a SMHF direction in relation to the
provision of trade services at a secure mental health facility.
Note A SMHF direction is a notifiable instrument (see s 9 (4)).
74 Health care
(1) The director-general must ensure that—
(a) patients have a standard of health care equivalent to that
available to other people in the ACT; and
(b) arrangements are made to ensure the provision of appropriate
health services for patients.
(2) In particular, the director-general must ensure that patients have
access to—
(a) regular health checks; and
(b) timely treatment where necessary, particularly in urgent
circumstances; and
(c) hospital care where necessary; and
(d) as far as practicable—
(i) specialist health services from health practitioners; and
(ii) necessary health care programs, including rehabilitation
programs.
Miscellaneous Part 7
Section 75
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(3) A regulation may make provision in relation to health services for
patients, including provision about the following:
(a) appointments for patients with health practitioners;
(b) security arrangements for patients visiting health practitioners
or other health facilities, particularly outside the secure mental
health facility.
75 Protection of officials from liability
(1) An official is not civilly liable for conduct engaged in honestly and
without recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the conduct was in the exercise of a
function under this Act.
(2) Any civil liability that would, apart from this section, attach to the
official attaches instead to the Territory.
(3) In this section:
conduct means an act or omission to do an act.
official means—
(a) the chief psychiatrist; or
(b) the person in charge of a secure mental health facility; or
(c) anyone else exercising a function under this Act.
Note 1 An official visitor exercising a function under this Act is protected from
civil liability by the Official Visitor Act 2012, s 24.
Note 2 A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
Part 7 Miscellaneous
Section 76
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76 Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination is a disallowable instrument.
78 Regulation-making power
The Executive may make regulations for this Act.
Reviewable decisions Schedule 1
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Schedule 1 Reviewable decisions
(see pt 5)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 10 declare something to be a prohibited thing patient
2 17 (2) restrict a patient’s contact with others patient
patient’s guardian
patient’s nominated
person
3 20 (2) prevent a patient’s contact with a
complainant
patient
patient’s guardian
patient’s nominated
person
4 24 direction about access to and supervision
of electronic communication facilities at
secure mental health facility
patient
patient’s guardian
patient’s nominated
person
5 25 (3) search a patient’s mail patient
patient’s guardian
patient’s nominated
person
6 28 (1) direction about visiting conditions for a
secure mental health facility
patient
patient’s guardian
patient’s nominated
person
7 30 (2) direction to leave secure mental health
facility after failing to comply with visiting
condition
visitor directed to
leave facility
8 33 (3) refuse to allow intending visitor to visit
patient in secure mental health facility
intending visitor
9 34 (2) (a) direction to not enter secure mental health
facility
visitor directed to
not enter facility
Schedule 1 Reviewable decisions
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column 1
item
column 2
section
column 3
decision
column 4
entity
10 34 (2) (b) direction to leave secure mental health
facility after failing to comply with
director-general’s direction
visitor directed to
leave facility
11 36 (5) (a) refuse to allow visitor to enter secure
mental health facility after refusing to
allow authorised person to search personal
property
visitor refused entry
to facility
12 36 (5) (b) direction to leave secure mental health
facility after refusing to allow authorised
person to search personal property
visitor directed to
leave facility
13 53 (1) seizing property patient
patient’s guardian
patient’s nominated
person
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• chief police officer
• correctional centre
• director-general (see s 163)
• doctor
• health practitioner
• integrity commissioner
• Minister (see s 162)
• notifiable instrument (see s 10)
• nurse
• nurse practitioner
• police officer
• public employee
• public trustee and guardian.
Note 3 The Mental Health Act 2015 contains definitions relevant to this Act. For
example, the following terms are defined in the Mental Health Act 2015,
dictionary:
• approved mental health facility
• chief psychiatrist
• coordinating director-general
• correctional patient (see s 135)
• corrections director-general
• CYP director-general
• entitled person (see s 208)
• forensic mental health order
• forensic patient
• mental health officer
• nominated person
Dictionary
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• official visitor (see s 208)
• transfer direction (see s 136)
• visitable place (see s 208).
Note 4 If a word or expression is defined in the Mental Health Act 2015, the
definition applies to the use of the word or expression in this Act (see
s 8).
accredited person, in relation to a patient, means each of the
following:
(a) if the patient has a guardian under the Guardianship and
Management of Property Act 1991—the guardian;
(b) if the patient has a nominated person—the nominated person;
(c) if the patient is a child or young person—the CYP
director-general;
(d) a lawyer acting in a professional capacity;
(e) an official visitor;
(f) the health services commissioner;
(g) the human rights commissioner;
(h) the public advocate;
(i) the integrity commissioner;
(j) a police officer acting in a professional capacity;
(k) a member of the Commonwealth Parliament;
(l) a member of the Legislative Assembly;
(m) a person prescribed by regulation.
authorised health practitioner means a health practitioner providing
care or treatment for patients who is authorised by the
director-general for this Act.
Examples—health practitioner
• nurse
• nurse practitioner
Dictionary
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authorised person means a person appointed under section 69.
child—see the Children and Young People Act 2008, section 11.
contact, between a patient and another person—see section 14.
frisk search—see section 39.
health record—see the Health Records (Privacy and Access)
Act 1997, dictionary.
ordinary search—see section 39.
patient means a patient in a secure mental health facility.
person with parental responsibility, for a child, means a parent or
someone else with parental responsibility for the child under the
Children and Young People Act 2008, division 1.3.2.
prohibited thing means a thing declared to be a prohibited thing under
section 10.
reviewable decision, for part 5 (Notification and review of
decisions)—see section 66.
scanning search—see section 39.
secure mental health facility—see section 7.
seizeable item, for division 4.3 (Strip searches)—see section 43.
SMHF direction—see section 9.
visiting conditions, at a secure mental health facility, means
conditions included in a SMHF direction made under section 28 in
relation to the facility.
visitor, in relation to a secure mental health facility, includes a person
wishing to enter the facility as a visitor.
worker, at a secure mental health facility, means a person working at
the facility, whether as a public employee, contractor, volunteer or
otherwise.
Dictionary
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young person—see the Children and Young People Act 2008,
section 12.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Mental Health (Secure Facilities) Act 2016 A2016-31
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))
remainder commenced 21 June 2016 (s 2)
as amended by
Integrity Commission Act 2018 A2018-52 sch 1 pt 1.17 (as am by
A2019-18 s 4)
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.17 commenced 1 December 2019 (s 2 (2) (a) as am by
A2019-18 s 4)
Integrity Commission Amendment Act 2019 A2019-18 s 4
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 3, s 4 commenced 15 June 2019 (s 2 (1))
Note This Act only amends the Integrity Commission Act 2018
A2018-52.
Working with Vulnerable People (Background Checking) Amendment
Act 2020 A2020-29 sch 1 pt 1.4
notified LR 9 July 2020
s 1, s 2 commenced 9 July 2020 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 February 2021 (s 2 (a) and see Working
with Vulnerable People (Background Checking) Amendment Act 2019
A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.38
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.38 commenced 23 June 2021 (s 2 (1))
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.127
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.127 commenced 26 December 2025 (s 2 (7))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
What is a secure mental health facility?
s 7 am A2025-29 amdt 4.128
Directions—secure mental health facilities
s 9 am A2025-29 amdt 4.128
Monitoring electronic communications
s 23 pars renum R3 LA
Taking prohibited things into secure mental health facility
s 35 am A2021-12 amdt 3.90
Reviewable decision notices
s 67 am A2025-29 amdt 4.128
Applications for review
s 68 am A2025-29 amdt 4.128
Appointment of authorised people
s 69 am A2020-29 amdt 1.19
Determination of fees
s 76 am A2025-29 amdt 4.128
Approved forms
s 77 om A2021-12 amdt 3.91
Regulation-making power
s 78 am A2025-29 amdt 4.128
Review of Act
s 79 exp 21 June 2021 (s 79 (3))
Dictionary
dict am A2018-52 amdt 1.94
def accredited person am A2018-52 amdt 1.95; pars renum
R2 LA