Mental Health (Compulsory Assessment and Treatment) Act 1992

122B Use of force

• (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.

  (2) The powers are—

  • (a) a power to take or retake a person, proposed patient, or patient in any of sections 32(1), 38(4)(d), 40(2), 41(4), 41(5), 41(6), 50(4), 51(3), 53, 109(1), 109(4), 110C(2), 111(2), or 113A:

  • (b) a power to detain a person, proposed patient, or patient in any of sections 41(3), 41(4), 41(5), 109(4), 110C(2), 111(2), or 113:

  • (c) a power to enter premises in either of sections 41(2) or 110C(1).

  (3) A person treating a patient to whom section 58 or section 59 applies may use such force as is reasonably necessary in the circumstances.

  (4) If force has been used under this section,—

  • (a) the circumstances in which the force was used must be recorded as soon as practicable; and

  • (b) a copy of the record must be given to the Director of Area Mental Health Services as soon as practicable.

  Section 122B: inserted, on 1 April 2000, by section 68 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 122B(3): amended, on 22 October 2003, by section 3 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2003 (2003 No 85).