New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 69A

69A Prohibition on use of spit hoods

(1) An authorised medical officer, or another person, exercising functions under this Act must not use a spit hood in the exercise of the functions.

Note--: A contravention of this subsection may constitute an unauthorised or unreasonable use of force.

(2) Subsection (1)--

(a) applies despite any other provision of this Act or another Act or law, and

(b) does not limit section 69.

(3) In this section--

"spit hood" --

(a) means a covering, however described, intended to be placed over a person's head to prevent the person from spitting on, or biting, another person, but

(b) does not include a helmet designed to prevent self-harm, even if the helmet incorporates a part designed to stop spittle.