Tasmanian Numbered Acts

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MENTAL HEALTH AMENDMENT ACT 2023 (NO. 4 OF 2023) - SECT 76

Section 57 amended (Restraint)
Section 57 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b)(i) "CCP" and substituting "Chief Psychiatrist" ;
(b) by omitting from subsection (1)(b)(ii) "CCP" and substituting "Chief Psychiatrist" ;
(c) by omitting from subsection (1)(b)(iii) "CCP" and substituting "Chief Psychiatrist" ;
(d) by omitting from subsection (1)(e) "CCP" and substituting "Chief Psychiatrist" ;
(e) by omitting from subsection (1)(f) "CCP" ;
(f) by omitting subsection (2) and substituting the following subsection:
(2)  If an involuntary patient who is not a forensic patient is placed under restraint under this section –
(a) the patient must be clinically observed by a member of the approved hospital's nursing staff at intervals not exceeding –
(i) 15 minutes; or
(ii) such other intervals as the standing orders may mandate; and
(b) the restraint must not be applied for a period exceeding 3 hours unless –
(i) the patient has been assessed by a medical practitioner within those 3 hours; and
(ii) after conducting a physical examination of the patient, a medical practitioner or approved nurse authorises the continuation of the restraint for one specified period not exceeding 3 hours; and
(c) the patient must be assessed by a medical practitioner at intervals not exceeding 3 hours to see if the restraint should continue or be terminated; and
(d) the Chief Psychiatrist may impose conditions on the restraint of the patient at any point during the period of restraint for the patient; and
(e) while restrained, the patient must be provided with –
(i) suitable clean clothing and bedding; and
(ii) adequate sustenance; and
(iii) adequate toilet and sanitary arrangements; and
(iv) adequate ventilation and light; and
(v) a means of summoning aid; and
(f) the administration of any prescribed medications to the patient must not be unreasonably denied or delayed; and
(g) the patient must not be deprived of –
(i) physical aids, except as may be strictly necessary for the patient's safety or the preservation of those physical aids for the patient's future use; and
(ii) communication aids that the patient uses in communicating on a daily basis, except as may be strictly necessary for the patient's safety or the preservation of the communication aids for the patient's future use; and
(h) regardless of authorisation, the restraint –
(i) if the restraint is a chemical restraint, must not be administered with the intention that the patient be restrained by the chemical restraint for more than 6 hours; and
(ii) if the restraint is not a chemical restraint, must not exceed 6 hours; and
(iii) must not be maintained to the obvious detriment of the patient's mental or physical health.
(g) by omitting from subsection (4) "CCP" ;
(h) by omitting from subsection (5) "CCP" and substituting "Chief Psychiatrist" ;
(i) by inserting the following subsection after subsection (5) :
(5A)  Consecutive periods of restraint under this section, in respect of an involuntary patient, are only to occur in accordance with the standing orders issued for this section.



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