(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.