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Mental Health Act 1996 (No. 31 of 1996)
Requested:  23 Jul 2014
Consolidated as at:  2 Dec 2011

72T. Visits

      (1) A person may enter a secure mental health unit as a visitor at any reasonable time, and at reasonable intervals, as determined by the controlling authority or Chief Forensic Psychiatrist.

      (2) Despite subsection (1), the controlling authority, the Chief Forensic Psychiatrist or an authorised person may refuse to allow a person, other than an exempt visitor, to enter the secure mental health unit if it, he or she considers that –

(a) the visit would be detrimental to the health and welfare of a forensic patient or his or her treatment; or

(b) the visit would pose a risk of harm or distress to a forensic patient or any other person in the secure mental health unit; or

(c) if the visit is for the purpose of visiting a forensic patient, the Chief Forensic Psychiatrist or an approved medical practitioner is of the opinion that the forensic patient is seriously or acutely unwell; or

(d) the visit would or might endanger the good order or security of the secure mental health unit; or

(e) the visit is or might be for an illegal purpose.

      (3) The controlling authority, the Chief Forensic Psychiatrist or an authorised person may direct a person who has been refused admission to the secure mental health unit under subsection (2) to leave the secure mental health unit or the immediate vicinity of the secure mental health unit immediately.

      (4) The controlling authority, the Chief Forensic Psychiatrist or an authorised person may give to a visitor such directions as are necessary for the management, good order and security of the secure mental health unit.

      (5) A visitor must obey a direction given under subsection (3) or (4).

Penalty:

Fine not exceeding 5 penalty units.

      (6) If a person refuses or fails to comply with a direction under subsection (3) or (4) –

(a) an authorised person, with such assistants and using such force as he or she considers appropriate in the circumstances, may remove the person from the secure mental health unit or detain the person for such time as is necessary for the person to be arrested by a police officer under paragraph (b); and

(b) the person may be arrested by a police officer without warrant.



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