Mental Health Act 20266

Records to be maintained for registered acute mental health centres

195. (1) A registered proprietor of a registered acute mental health centre shall cause to be maintained a record (in this section referred to as “the record”) in respect of a person who is receiving treatment and care in a registered acute mental health centre.

(2) Without prejudice to the generality of subsection (1), the following shall be retained as part of the record:

(a) the person’s medical information;

(b) any orders made—

(i) under section 21 or 22 in relation to an involuntarily admitted person, or

(ii) under section 62 (2), 64 (2), 66 , 67 or 70 in relation to a child,

while at the registered acute mental health centre;

(c) any capacity assessments;

(d) any treatment that is administered to a person without consent under Chapter 3 of Part 3 or Chapter 3 of Part 4 ;

(e) where the person is an adult, any use of electro-convulsive therapy on the person in the registered acute mental health centre;

(f) any application of a restrictive practice on the person in the registered acute mental health centre;

(g) reports from any examination or assessment of the person within the care of a registered acute mental health centre;

(h) any records relating to any decision, or treatment on a person while within the care of the registered acute mental health centre.

(3) The record shall be maintained in a secure and permanent form, and made available for inspection by the Chief Inspector and Assistant Inspectors or another staff member of the Commission, authorised by the Chief Inspector, where the information contained in the record is required for the proper performance by the Chief Inspector or the Assistant Inspectors of his or her duties.

(4) The Minister may prescribe the form of the records to be kept and maintained by a registered acute mental health centre under this section and any matter relating to the keeping and maintenance of such records.