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Regulations concerning restrictive practices
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58. (1) The Commission may, with the consent of the Minister, and following consultation with the Minister and the Minister for Justice, Home Affairs and Migration, make regulations providing for the application of restrictive practices in respect of persons who are in the care of a registered acute mental health centre or designated centre.
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(2) In particular, but without prejudice to the generality of subsection (1), regulations under subsection (1) may provide for any or all of the following matters:
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(a) the application of a restrictive practice in respect of a person (including the application of the practice with dignity and respect for the person);
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(b) the principles underpinning the application of a restrictive practice;
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(c) the interaction of the application of a restrictive practice and the guiding principles;
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(d) the procedures governing the application of a restrictive practice (including procedures in respect of the ordering and initiation of a restrictive practice in respect of a person and the persons who should be notified of such ordering and initiation);
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(e) the records to be maintained in relation to the application of a restrictive practice in respect of a person;
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(f) the monitoring of the application of a restrictive practice;
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(g) the procedures for the renewal of the application of a restrictive practice in relation to a person;
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(h) the procedures concerning the discontinuation of the application of a restrictive practice (including who may order the discontinuation of such application and under what circumstances);
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(i) the facilities and staff to be provided in a registered acute mental health centre or designated centre for the application of a restrictive practice;
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(j) the training and experience of relevant health professionals or specified persons who apply restrictive practices in relation to a person;
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(k) the clinical governance of a restrictive practice, including written policies by a registered acute mental health centre or designated centre on the application of a restrictive practice;
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(l) the use of CCTV or other electronic monitoring in relation to seclusion;
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(m) communication with any nominated person regarding the application of a restrictive practice, including how the views of such persons or the person upon whom the practice is administered are considered;
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(n) any other matters which are necessary or expedient for the purposes of giving effect to subsection (1).
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