Use of Force/Restraint
• Part 9 Use of force, non-lethal weapons, and mechanical restraints,
regulations 118 – 129 sets out when force can be used, the use of non-lethal
weapons, mechanical restraints and reporting on their use.
• Schedule 5 Mechanical restraints: section 3 sets out the types of restraints
that can be used by a staff member and include hand-cuffs, waist restraints
used in conjunction with handcuffs, torso restraints, head protectors, and spit
hoods.
• As of December 2019, tie-down beds and wrist bed restraints can no longer
be used.
Health and Disability facilities
Mental Health (Compulsory Assessment and Treatment) Act 1992
(Mental Health Act)
• Provides health care providers with the power to compulsorily detain and
treat any individual who is determined to be “mentally disordered” which
is defined in the Act as any person who “(a) poses a serious danger to the
health or safety of that person or of others; or (b) seriously diminishes the
capacity of that person to take care of himself or herself.”
• Section 71(2): “A patient may be placed in seclusion in accordance with the
following provisions:
˚˚ (a) 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:
˚˚ (b) 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:
˚˚ (c) except as provided in paragraph (d), seclusion shall be used only with
the authority of the responsible clinician:
˚˚ (d) 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:
˚˚ (e) the duration and circumstances of each episode of seclusion shall be
recorded in the register kept in accordance with section 129(1)(b).”
• Section 122B(1): “A person exercising a power specified in subsection (2)
may, if he or she is exercising the power in an emergency, use such force as is
reasonably necessary in the circumstances.
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