The Mental Health Act does not contain specific provisions permitting the use of restraint. However, section 122B of the Mental Health Act permits the use of force in certain emergency situations and allows the use of “such force as may be reasonably necessary in the circumstances”. If force is used pursuant to this provision, then section 122B (4) requires that the circumstances in which the force was used must be recorded and a copy of the record must be given to the Director of Area Mental Health Services as soon as practicable. The Intellectual Disability (Compulsory Care and Rehabilitation) Act The Intellectual Disability (Compulsory Care and Rehabilitation) Act, similar to the Mental Health Act, provides the state with powers to deprive people with an intellectual disability of their liberty in certain circumstances where they have been charged with, or convicted of, an imprisonable offence. Section 60 defines seclusion as the “placing of the care recipient without others in a room or other area that provides a safe environment for the care recipient throughout the care recipient’s stay in the room or area but does not allow the care recipient to leave without help.” A care recipient may be placed in seclusion to prevent them endangering the health or safety of the care recipient or of others and/or seriously compromising the care and well-being of other persons. (Section 60(2)) Seclusion must comply with guidelines and must be no longer than necessary to achieve the purpose of placing the person in seclusion (Section 60(3)). Care recipients may be restrained to prevent them endangering the health or safety of the care recipient or of others or seriously damaging property or seriously compromising the care and well-being of the care recipient or of other care recipients. When a care recipient is restrained the following conditions apply: • a person exercising the power of restraint may not use a greater degree of force, and may not restrain the care recipient for longer, than is required to achieve the purpose for which the care recipient is restrained • a person exercising the power of restraint must comply with guidelines issued under section 148 that are relevant to the restraint of the care recipient • in an emergency, a care recipient may be restrained by a person who, under a delegation given by the care recipient’s care manager, has immediate responsibility for the care recipient, but that person must immediately bring the case to the attention of the care manager • the duration and circumstances of each episode of restraint must be recorded in a register kept in accordance with guidelines issued under section 148. 82