Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 227

227 .         Bodily restraint: meaning

        (1)         Bodily restraint is the physical or mechanical restraint of a person who is being provided with treatment or care at an authorised hospital.

        (2)         Physical restraint is the restraint of a person by the application of bodily force to the person’s body to restrict the person’s movement.

        (3)         A person is not being physically restrained merely because the person is being provided with the physical support or assistance reasonably necessary —

            (a)         to enable the person to carry out daily living activities; or

            (b)         to redirect the person because the person is disoriented.

        (4)         Mechanical restraint is the restraint of a person by the application of a device (for example, a belt, harness, manacle, sheet or strap) to a person’s body to restrict the person’s movement.

        (5)         Mechanical restraint does not include either of these forms of restraint —

            (a)         the appropriate use of a medical or surgical appliance in the treatment of a physical illness or injury;

            (b)         the appropriate use of furniture that restricts a person’s capacity to get off the furniture (for example, a bed fitted with cot sides or a chair fitted with a table across the arms).

        (6)         Bodily restraint does not include —

            (a)         physical or mechanical restraint by a police officer acting in the course of duty; or

            (b)         physical restraint by a person exercising a power under section 172(2).



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