Victorian Numbered Acts

MENTAL HEALTH AND WELLBEING ACT 2022 (NO. 39 OF 2022) - SECT 136

    (1)     A person who under this Division authorises the use of a restrictive intervention on a person must ensure that the person is provided with facilities and supplies that—

        (a)     meet the person's needs; and

        (b)     maintain the person's dignity.

    (2)     For the purposes of subsection (1), the person who authorises the use of a restrictive intervention on a person must, to the greatest extent possible in the circumstances, have regard to the following—

        (a)     the person's views and preferences, and any relevant past experience of trauma;

        (b)     the person's views of, and preferences relating to, the use of restrictive interventions;

        (c)     the person's culture, beliefs, values and personal characteristics.

    (3)     For the purposes of subsection (2)(b), the person authorising the restrictive intervention must have regard to—

        (a)     the views and preferences expressed in any advance statement of preferences of the person; and

        (b)     the views of any nominated support person of the person.