Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Management of residents: Restraint
72Restraint of residents
A residence manager may restrain a resident if that is necessary to prevent the resident from doing 1 or more of the following:
- endangering the health or safety of the resident or of others:
- seriously damaging property:
- seriously compromising the care and well-being of the resident or of other persons:
- escaping from lawful custody.
The following provisions must be followed when a resident is restrained:
- a person exercising the power of restraint may not use a greater degree of force, and may not restrain the resident for longer, than is required to achieve the purpose for which the resident is restrained:
- no resident may be kept under mechanical restraint for more than 24 hours unless the restraint is approved in writing by a medical practitioner:
- a person exercising the power of restraint must comply with guidelines or instructions that are relevant to the restraint of the resident:
- in cases other than an emergency, the restraint of a resident must be authorised by the manager personally:
- in an emergency, a resident may be restrained, without the prior authority of the manager, by a person who, under a delegation given by the resident's manager, has immediate responsibility for the resident, but that person must immediately bring the case to the attention of the manager:
- the duration and circumstances of each episode of restraint must be recorded in a register kept in accordance with guidelines or instructions.
Compare
- 2003 No 116 s 61


