Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 215

215 .         Making seclusion order

        (1)         A medical practitioner or mental health practitioner at an authorised hospital or the person in charge of a ward at an authorised hospital may make a seclusion order authorising the seclusion of any of these people —

            (a)         a person who is a patient admitted by the authorised hospital;

            (b)         a person who is referred under section 26(2) or 36(2) for an examination to be conducted by a psychiatrist at the authorised hospital;

            (c)         a person who is under an order made under section 55(1)(c) or 61(1)(c) to enable an examination to be conducted by a psychiatrist at the authorised hospital.

        (2)         A person cannot make a seclusion order in respect of a person unless satisfied of the matters specified in section 216.

        (3)         A seclusion order must be in the approved form and must include the following —

            (a)         the name and date of birth of the person being secluded under the order;

            (b)         the date and time when the order is made;

            (c)         the date and time when any oral authorisation being confirmed by the order was given;

            (d)         the period for which the person can be secluded under the order, which cannot exceed 2 hours including the period for which the person was secluded under any oral authorisation being confirmed by the order;

            (e)         the room or area where the person can be secluded;

            (f)         with reference to the criteria specified in section 216(1), the reasons for authorising the seclusion;

            (g)         if a mental health practitioner or the person in charge of a ward makes the order — with reference to the criteria specified in section 216(2), the reasons for the urgency;

            (h)         particulars of any observations made about the person —

                  (i)         if the order is confirming an oral authorisation — when the person was secluded under the oral authorisation; or

                  (ii)         otherwise — when the person is secluded under the order;

                  (i)         particulars of any directions given by a medical practitioner or mental health practitioner about the treatment and care to be provided to the person while secluded;

            (j)         the name, qualifications and signature of the person making the order.

        (4)         A mental health practitioner or the person in charge of a ward who makes a seclusion order in respect of a person must, as soon as practicable and, in any event, within sufficient time to enable the person to be examined as required by section 222(4) or 223(2), inform a medical practitioner as to whether —

            (a)         the person is secluded under the seclusion order; or

            (b)         the person was secluded under the seclusion order but has since been released from seclusion.

        (5)         A mental health practitioner or the person in charge of a ward who informs a medical practitioner under subsection (4) must, as soon as practicable —

            (a)         record in the approved form —

                  (i)         the medical practitioner’s name and qualifications; and

                  (ii)         the date and time when the medical practitioner was informed;

                and

            (b)         file the record and give a copy to the person.

        (6)         The person who makes a seclusion order in respect of a person must, as soon as practicable after the person is secluded under the order, file it and give a copy to the person.



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