Mental Health Act 1996 (WA)

The Mental Health Act came up when the permissibility of physical restraint was questioned. Protocols have been regulated in the Mental Health system but an AOD facility is only subject to this Act if it claims to treat mental illness.

Relevant section of the Act are quoted below. My interpretations and comments are given in square brackets.

 

4. Meaning of "mental illness"

[I interpret this section to mean:

• Persons in recovery from addiction do not automatically come under this Act.
• Facilities offering recovery from addiction do not come under this Act on that basis.
• If a facility accepts a resident on the basis of a mental illness and the facility claims to give mental health care, then the resident and the facility's care comes under this Act.
• If persons in recovery from addiction suffer  psychosis and the facility claims to give mental health care, then the person and the care come under this Act.

Comments:

• AOD facilities should not claim to give mental health care.
• AOD facilities should have suitable procedures to refer cases of psychosis to medical practitioners.]

(1) For the purposes of this Act a person has a mental illness if the person suffers from a disturbance of thought, mood, volition, perception, orientation or memory that impairs judgment or behaviour to a significant extent.

(2) However a person does not have a mental illness by reason only of one or more of the following, that is, that the person --

…
(e) takes drugs or alcohol;
(f) demonstrates anti-social behaviour.

13. Powers of inspection

[I interpret this section to mean:

• The Chief Psychiatrist has the right to inspect a private facility that treats mental health patients, but only if he has reasonable grounds that care has been of poor standard.
• It doesn't apply if the facility doesn't claims to give mental health care.]

(1) The powers in this section may be exercised --

1. in respect of relevant premises that are not an authorised hospital, only if the Chief Psychiatrist believes on reasonable grounds that proper standards of care or treatment are not being, or have not been, observed in a psychiatric health service carried on in those premises; and
2. …

(2) Subject to subsection (1), the Chief Psychiatrist may at any time visit any relevant premises whether or not notice of the visit has been given.

Division 9 -- Mechanical bodily restraint

[I interpret this division to mean:

• In a mental health facility, you can’t put someone in a restraining machine or apparatus without proper authorization.
• The term "mechanical" implies that it is a machine or physical apparatus of some kind. The use of physical force by hands alone does not then clearly come under this Act.]

121. Term used in this Division

In this Division --

mechanical bodily restraint, in relation to a person, means restraint preventing the free movement of the person’s body or a limb by mechanical means, other than by the use of a medical or surgical appliance for the proper treatment of physical disease or injury.

122. Mechanical bodily restraint must be authorised

A person is not to cause mechanical bodily restraint to be used on a patient except --

(a) as authorised in accordance with this Division by a medical practitioner or, in an emergency, a senior mental health practitioner; and

(b) within the period for which authorisation is given.

Penalty: $1 000.

123. Giving of authorisation

(1) A person is not to give authorisation to use mechanical bodily restraint on a patient unless it is necessary for --

(a) the medical treatment of the patient;
(b) the protection, safety, or well-being of --

(i) the patient; or
(ii) another person with whom the patient might come in contact if the restraint is not used; or

(c) preventing the patient from persistently destroying property.

Penalty: $1 000.

(2) Authorisation to use mechanical bodily restraint on a patient is to be in writing and is to include particulars of the period for which the authorisation is given and anything else prescribed by the regulations.

(3) A senior mental health practitioner who, in an emergency, authorises the use of mechanical bodily restraint on a patient is to notify a medical practitioner as soon as is practicable, and the medical practitioner may vary or revoke the authorisation.

Penalty: $1 000.

(4) Records of each authorisation to use mechanical bodily restraint on a patient are to be kept as prescribed by the regulations.

124. Use of restraint to be reported to Board

The treating psychiatrist is to ensure that a report of the use of mechanical bodily restraint is made as soon as is practicable to the Mental Health Review Board.