Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 114

Use of bodily restraint to be authorised

    (1)     The use of a bodily restraint on a person receiving mental health services in a designated mental health service must be authorised by—

        (a)     an authorised psychiatrist; or

        (b)     if an authorised psychiatrist is not immediately available, a registered medical practitioner or the senior registered nurse on duty.

    (2)     If a registered medical practitioner or the senior registered nurse authorises the use of a bodily restraint on a person under subsection (1)(b), the registered medical practitioner or the senior registered nurse must notify an authorised psychiatrist about the use of the bodily restraint as soon as practicable.

    (3)     Subject to subsection (4), as soon as practicable after the authorised psychiatrist is notified under subsection (2) about the use of a bodily restraint on a person, the authorised psychiatrist must examine the person and determine if the continued use of the bodily restraint on the person is necessary.

    (4)     If the authorised psychiatrist is not reasonably available to examine a person under
subsection (3), the authorised psychiatrist must ensure that a registered medical practitioner examines the person and determines whether continued use of the bodily restraint on the person is necessary as soon as practicable after the authorised psychiatrist is notified under subsection (2).

    (5)     The authorised psychiatrist or registered medical practitioner, as the case may be, may authorise the continued use of the bodily restraint if he or she is satisfied that the continued use of the bodily restraint on the person is necessary.



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