Chief Psychiatrist policy
This page includes information about the following Chief Psychiatrist policy.
| Policy | Searches and security (PDF 574 kB) |
This policy is mandatory for all authorised mental health services (AMHSs). An authorised doctor, authorised mental health practitioner, AMHS administrator, or other person performing a function or exercising a power under the Mental Health Act 2016 must comply with this policy.
You can also find forms, clinical notes and resources that are available for this policy under the relevant subtopics on this page.
Introduction
The Mental Health Act 2016 provides a framework for ensuring the safety and security of patients and others within an authorised mental health service or public sector health service facility.
This framework includes the authorisation of searches, mail procedures, and processes relating to the exclusion of visitors.
Searches under the Mental Health Act 2016 may be authorised under specific circumstances for patients and their belongings, as well as for visitors and visitors’ belongings.
Read the Searches and security policy to learn more.
Who can be searched
The Mental Health Act 2016 provides that searches may be authorised for the following.
- Particular persons detained in a public sector health service facility (PSHSF)
- Particular patients of an authorised mental health service, in any part of the authorised mental health service (e.g. inclusive of emergency departments)
- An involuntary patient on admission or entry to a high security unit or an authorised mental health service approved by the Chief Psychiatrist.
- Visitors entering a high security unit or an authorised mental health service approved by the Chief Psychiatrist.
- Posted items received at an authorised mental health service.
Types of searches
There are several types of searches permitted under the Mental Health Act 2016.
A general search, to reveal the content of the person’s outer clothing or hand luggage without touching the person or their luggage. The person may also be required to open their hands or mouth for visual inspection and also to shake their hair vigorously.
A personal search, during which light pressure is momentarily applied to the person over their general clothes without direct contact being made with the person’s genital or anal areas (including breast for persons identifying as female).
A scanning search, where electronic or other means are used to search a person. The person is not required to remove their clothes or be touched by another person. For example, the use of a hand-held scanning device that passes over the person's body, or by requiring the person to walk through a scanning device.
A search requiring the removal of clothing, where the person removes all clothing during the course of the search, however direct contact cannot be made with the person.
A postal article search, during which an authorised person may open or search anything received at an authorised mental health service for the patient. For example, a letter, parcel, package or other item carried by a courier service.
A search of possessions, during which an authorised person may open or inspect a thing in the person's possession and remove or inspect any detected thing. This search may only occur if the owner of the possession is present or has been given the opportunity to be present.
A visitor to a high security unit, or an approved service, may also be asked by an authorised security officer to consent to a general search, scanning search or personal search or have their possessions searched. See the Searches and security Chief Psychiatrist policy for more information about visitor searches.
Consent for searches
Consent is not required to search involuntary patients and classified patients (voluntary) under the Mental Health Act 2016. However non-consensual searches represent a significant personal intrusion. A search of a patient or their possessions should, as far as possible, occur with a patient's consent.
Before carrying out a search, the doctor, health practitioner or authorised security officer must tell the patient the reasons for the search and how it will be carried out.
The doctor, health practitioner or authorised security officer may carry out the search with the help, and using the force, that is necessary and reasonable in the circumstances.
Protections
In 2024, additional gender safeguard provisions regarding searches were introduced into the Mental Health Act 2016. This requires that if the search requires the searcher to touch the clothing worn by the person, or remove any clothing in order to detect things in the person's possession, this may only occur if:
- the person being searched has been given an opportunity to express, and has expressed, their preference about the gender of the person carrying out the search, and
- the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person.
Where it is not reasonably practicable to accommodate the person's preferences or have a person of the same gender conduct the search, the search may still be carried out to ensure the safety of patients, visitors, staff and others.
Personal searches must be carried out in a part of the building that ensures the person’s privacy and in a way that respects the person’s dignity to the greatest possible extent, and with as little inconvenience to the person as practicable.
For searches requiring the removal of clothing, the search must be carried out by at least 2 authorised persons and to the extent reasonably practicable should take into account the persons preferences about the gender of the person carrying out the search.
The searchers must ensure that the search is carried out in a part of the building that ensures the person’s privacy, and in a way that causes minimal embarrassment.
The person should be allowed to remain partially clothed, if reasonably practicable, during the search. If the searcher seizes clothing as a result of the search, the searcher must ensure that the person is left with, or given, reasonably appropriate clothing.
The search must be carried out as quickly as practicable and the person allowed to dress as soon as the search is finished.
Learn more about patient rights.
Seizure of items
An item may be seized by a searcher undertaking a search of a patient if they reasonably suspect an item is:
- connected with, or is evidence of, the commission or intended commission of an offence, or
- a harmful thing.
An authorised security officer at a high security unit or approved service may seize anything found during the search of a visitor if the officer reasonably suspects the item is connected with, or is evidence of, the commission or intended commission of an offence.
Refer to the Searches and security Chief Psychiatrist policy for more information about seizures of items during a search.
| Form | Application for internal review of a decision about seizure or forfeiture (PDF 614 kB) |