Health and disability facilities Both the Mental Health (Compulsory Assessment and Treatment) Act 1993 (the Mental Health Act) and the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the IDCCR Act) provide authorised health and disability care providers with significant powers to detain and treat patients and care recipients on a compulsory basis. The Mental Health Act The Mental Health Act provides health care providers with the power to compulsorily detain and treat any individual who is determined to be “mentally disordered” as defined in the Act and is considered to constitute a danger to themselves or others. Section 71 of the Mental Health Act sets out the conditions that apply when a mental health patient is placed in seclusion. These include a requirement that seclusion only be used where, and for as long as, it is necessary for the care and treatment of the patient, or the protection of other patients. Section 71(2) provides conditions for placing a patient in seclusion. These are: • seclusion shall be used only where, and for as long as, it is necessary for the care or treatment of the patient, or the protection of other patients • a patient shall be placed in seclusion only in a room or other area that is designated for the purposes by or with the approval of the Director of Area Mental Health Services • except in an emergency, seclusion shall be used only with the authority of the responsible clinician • in an emergency, a nurse or other health professional having immediate responsibility for a patient may place the patient in seclusion, but shall forthwith bring the case to the attention of the responsible clinician • the duration and circumstances of each episode of seclusion shall be recorded in the register. Seclusion is not specifically defined in the Mental Health Act, however the New Zealand Health and Disability Service Standards75 define seclusion as circumstances where “a consumer is placed alone in a room or area, at any time and for any duration, from which they cannot freely exit”.76 75 Section 9 of the Health and Disability Services (Safety) Act 2001 requires certified health and disability service providers to meet all relevant service standards when providing health and disability services. 76 NZS 8134.0:2008 p 30 81