Check seclusion or restraint against the New South Wales last-resort policy
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the inpatient notes, mark whether a less restrictive alternative is recorded as trialled or considered, and limit that mark to a New South Wales public health setting. Do not state a three-hour period. Record the policy's continuous observation for seclusion or four-limb restraint, and at least every 15 minutes after the first hour for other restraint. Do not decide that the intervention was unlawful.
- What the lawyer must review
- Confirm which text of the policy is current before it is used.
- Treat the opened text as about public health settings, not a private hospital.
- Do not apply a Mental Health Act section on seclusion. None was opened.
- Keep health information in a firm-controlled tool, not a public one.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales public health settings. NSW Health staff. Not a private hospital on the text opened.
Produce. A mark of whether a less restrictive alternative is recorded, plus the status conflict for the lawyer.
Have ready. The setting recorded in the notes; Any less restrictive alternative the notes record; The PDF status block and the catalogue status field.
Example of the limit. Illustrative example: The notes are from a private hospital and record restraint. The tool stops and does not apply the public-setting sentence. The lawyer decides whether any other instrument applies. No three-hour rule is added.
Stop and hand it back when
- The setting is private and the policy sentence is still applied.
- A three-hour or 15-minute rule is added from another statute.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The policy summary applies to all NSW Health staff working in all NSW public health settings. Do not apply the opened text to a private hospital.
- Seclusion and restraint must only be used as a last resort, after less restrictive alternatives have been trialled or considered.
- The PDF prints Status Review, publication date 06 March 2020 and review date 06 March 2026. The catalogue page lists Status Active, publication date 05 March 2020 and review date 05 March 2026. The lawyer confirms which text is current.
- The catalogue page also shows obsolete and rescinded lines beside an obsolete date of 31 December 1969 and a rescinded-by line that was still loading. Do not treat that chrome as a rescission.
- No Mental Health Act 2007 seclusion section was opened. Do not state a three-hour period. The policy itself requires continuous observation of a person in seclusion or four-limb restraint, and, after the first hour, clinical observation at least every 15 minutes for other restraint.
Sources
- NSW Health Policy Directive PD2020_004 (PDF) · 2026-10-23
- NSW Health catalogue page for PD2020_004 · 2026-10-23
The policy says services govern use in accordance with legislation and report use to the governing body. The legislation referred to was not opened.
The PDF says it replaces PD2012_035 and PD2015_004. Those earlier directives were not opened.
Local procedures were to be in place by July 2020, with an annually reviewed action plan. The local procedure for this service was not opened.
Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).