s.16Restrictions on access to post and electronic networks
16
Section 16Part 0 —

Restrictions on access to post and electronic networks

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If, in the opinion of a responsible medical officer, the receipt of postal packets addressed to a patient detained under this Act or access to any electronic network directly or indirectly by a patient detained under this Act may have an adverse effect on the patient —
the receipt of any such postal packet may be withheld; and
access to any electronic network directly or indirectly by the patient may be denied.
Postal packets addressed by a patient detained under this Act for despatch by the post office or any outgoing electronic communication may be withheld —
if the addressee has given notice in writing to a responsible medical officer requesting that postal packets or electronic communication addressed to the addressee by the patient should be withheld; or
if in the opinion of a responsible medical officer, the postal packet or electronic communication —
would be unreasonably offensive to the addressee;
is defamatory to other persons, other than the responsible medical officer or persons having care of the patient; or
would be likely to prejudice the interests of the patient.
Where a postal packet is —
withheld under subsection (1)(a), it shall be dealt with in accordance with section 16A(1); and
withheld under subsection (2), it shall be dealt with in accordance with section 16A(2).
Where —
a postal packet or any outgoing electronic communication has been withheld under subsection (1)(a) or (2), respectively; or
access to any electronic network has been denied under subsection (1)(b),
the responsible medical officer shall, subject to subsection (5),inform the patient concerned or the patient's nearest relative of the decision, and the patient concerned or the patient's nearest relative may, within seven days after being so informed, appeal to the Mental Health Commission.
Notwithstanding subsection (4), if in the opinion of the responsible medical officer, informing the patient concerned of the decision under subsection (4) would be detrimental to the interests of the patient and to the patient's treatment, the responsible medical officer shall inform the patient's nearest relative of the decision.

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