Seclusion

Collection and usage attributes

Key elements of seclusion include:

• The consumer/patient is alone.
• The seclusion applies at any time of the day or night.
• Duration is not relevant in determining what is or is not seclusion.
• The consumer cannot leave of their own accord.

Implications:

• The intended purpose (or purposes) of the confinement is not relevant in determining what is or is not seclusion.
• Seclusion applies even if the consumer/patient agrees to or requests the confinement.
• The awareness of the consumer that they are confined alone and denied exit is not relevant in determining what is or is not seclusion.
• The structure and dimensions of the area to which the consumer is confined is not relevant in determining what is or is not seclusion. The area may be an open area, e.g. a courtyard.
• Seclusion does not include confinement of consumers to High Dependency sections of gazetted mental health units, unless it meets the local legislative definition.

Note: A consumer can request voluntary isolation or quiet time alone. This voluntary social isolation, or 'time out', is not considered to be seclusion as long as exit is not restricted and the consumer can leave at any time. However, if exit is restricted and the consumer is not free to leave at any time, then this is regarded as seclusion.

Source and reference attributes

Aggression, Seclusion and Restraint in Mental Health Facilities in NSW (PD2012_035)

Mental Health Act 2014 (Vic)

Mental Health Act 2000 (Qld)

Mental Health Act 2009 (SA)

Mental Health Act 1996 (WA)

Mental Health Act 2013 (Tas)

Mental Health and Related Services Act 2012 (NT)

Mental Health Treatment and Care Act 1994 (ACT)

Relational attributes