Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 234

234 .         Varying bodily restraint order

        (1)         A medical practitioner may make an order extending a bodily restraint order in force in respect of a person from the end of the period of restraint under the bodily restraint order for the further period (not exceeding 30 minutes) specified in the order.

        (2)         A medical practitioner cannot extend a bodily restraint order under subsection (1) unless, immediately before doing so, the medical practitioner examines the person in accordance with section 238(4).

        (3)         A medical practitioner or mental health practitioner may make an order varying a bodily restraint order in force in respect of a person by —

            (a)         shortening the bodily restraint order by the period specified in the order; or

            (b)         varying the device that is authorised for use to restrict the person’s movement or the way in which the device is authorised to be applied to the person’s body.

        (4)         An order made under subsection (1) or (3) must be in the approved form and must include the following —

            (a)         the date and time when it is made;

            (b)         the variation of the bodily restraint order;

            (c)         the reasons for the variation;

            (d)         the name, qualifications and signature of the practitioner making it.

        (5)         A person who makes an order under subsection (1) or (3) must, as soon as practicable, file it and give a copy to the person.



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