❓ Question on Notice regarding mental health compliance in contracted public hospitals, specifically concerning detention, restraint, and treatment practices under the Mental Health Act 2014. The response indicates that no contracted hospitals are authorised for detention/restraint under the Act, but are guided by policy, and are subject to the same legislative requirements as state-operated hospitals.
AnsweredQoN 1875Legislative Assembly
QuestionView source ↗
I refer to mental health compliance, and I ask: (a) Which contracted public hospital operators are authorised under the Mental Health Act 2014 to detain and restrain persons presenting to their emergency departments for mental health assessment prior to the completion of a Form 1A; (b) What statutory authority, if any, permits a contracted public hospital operator to use an internal “duty of care” document to detain, restrain, sedate or administer psychiatric treatment to a person who has not been made an involuntary patient under the Mental Health Act 2014; (c) Which contracted public hospital operators’ emergency departments are classified as authorised mental health services under the Mental Health Act 2014 for the purposes of detention and restraint; (d) What guidance has the Department of Health issued to contracted public hospital operators regarding the lawful use of mechanical and chemical restraint in emergency departments, the requirement to use regulated Mental Health Act forms the limits of “duty of care” as a legal basis for detention and treatment; (e) What audit, assurance or compliance activity has been undertaken by the Department of Health or health service providers to ensure that contracted public hospital operators’ mental health assessment, detention and restraint practices comply with the Mental Health Act 2014; (f) Has the Office of the Chief Psychiatrist raised any concerns regarding detention, restraint, sedation or documentation practices at contracted public hospital operators; and (g) Does the Department consider that private contracted public hospitals are subject to the same governance, accountability, reporting and compliance standards under the Mental Health Act 2014 as state-operated public hospitals?
AnswerView source ↗
Answered
14 April 2026
Responded by
Minister for Health
Response time
7 days
(a)-(c) None.
(d) The Use of Restrictive Practices in Non-Authorised Healthcare Settings Policy guides the use of restrictive practices in these settings.
(e) Compliance with the Mental Health Act 2014 (WA) is managed through contractual arrangements overseen by the relevant Health Service Providers, including Key Performance Indicators and Performance Review Meetings.
(f) The Office of the Chief Psychiatrist oversees and upholds the standards of mental health treatment and care in these contexts and provides feedback and advice as standard practice.
(g) Yes. They are subject to the same legislative requirements.
(d) The Use of Restrictive Practices in Non-Authorised Healthcare Settings Policy guides the use of restrictive practices in these settings.
(e) Compliance with the Mental Health Act 2014 (WA) is managed through contractual arrangements overseen by the relevant Health Service Providers, including Key Performance Indicators and Performance Review Meetings.
(f) The Office of the Chief Psychiatrist oversees and upholds the standards of mental health treatment and care in these contexts and provides feedback and advice as standard practice.
(g) Yes. They are subject to the same legislative requirements.
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