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CHS21/325

Canberra Health Services


Procedure
Security Services – Use of Force
Contents

Contents......................................................................................................................................1
Purpose.......................................................................................................................................2
Scope...........................................................................................................................................2
Section 1 – Roles and Responsibilities........................................................................................2
Section 2 – Situation Use of Force Model...................................................................................4
Section 3 – Intervention Model.................................................................................................6
Section 5 – Operational Guidelines............................................................................................9
Evaluation.................................................................................................................................11
Related Policies, Procedures, Guidelines and Legislation........................................................11
Definition of Terms...................................................................................................................12
Search Terms.............................................................................................................................12

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Purpose

To ensure a safe and secure environment, on occasions it may be necessary for Canberra
Health Services (CHS) Security Officers to exercise the use of legal force to carry out this
commitment.

The purpose of this procedure is to ensure that the lawful use of force is only exercised in
accordance with ACT legislation, ‘duty of care’, common law and when lawfully justified. The
use of legal force is only used:
 as a measure of last resort to preserve life or human safety;
 when the force used is in line with legislative requirements; and
 when any consequent breach of human rights is reasonable and proportionate to the
risks being addressed, and is for the minimum time necessary.

Any use of force will be reviewed and examined by the CHS Agency Security Advisor and may
form part of formal ACT Policing investigations and proceedings.
Failure to comply with this procedure may provide grounds for disciplinary action and/or
expose employees to civil and criminal liability.

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Scope

This procedure pertains to security employees and contractors, who carry out security
activities on behalf of CHS in accordance with the Mental Health (Secure Facilities) Act 2016,
the Mental Health Act 2015, the Security Industry Act 2003, Crimes Act 1900, Criminal Code
2002 and the Court Procedures Act 2004.

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Section 1 – Roles and Responsibilities

CHS has responsibility and accountability to protect staff, patients and public, which may
necessitate Security Officers exercising the lawful use of force in relation to their work roles.

Security Officers may deal with violent or aggressive patients, visitors and members of the
public during the course of their duties. These persons when acting in a violent or aggressive
manner are usually directed to leave health premises.

On some occasions, dependent upon the circumstances, the person(s) may have committed
an offence under the Crimes Act 1900 which may necessitate the Security Officer to exercise
the lawful use of force to arrest the person to be detained until police arrive. Security
Officers may also be requested to assist Wardpersons and clinical staff in relation to patient
restraint but will take direction from the clinical staff.

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A CHS Security Officer must only use lawful use of force in accordance with the conditions
outlined in legislation and the CHS Security Services Use of Force Policy. A Security Officer
must only use the minimum amount of force that is necessary, justifiable and proportionate
to the incident that they are encountering to gain control.

Security Officers performing duties at health facilities are governed by a number of security
related ACT legislations dependent upon the duties they are performing:
1. Security Industry Act 2003 when performing general security patrol and guarding duties
at Canberra Hospital, University of Canberra Hospital or a Community Health Centre;
2. Mental Health (Secure Facilities) Act 2016 when Security Officers are performing the
duties of an ‘authorised person’ at an ACT Health secure mental health facility (Dhulwa
Mental Health Unit);
3. Mental Health Act 2015 when Security Officers who have been appointed as ‘escort
officers’ are performing duties directly associated with this Act when
escorting/transporting mental health patients; and
4. Court Procedures Act 2004 when Security Officers are performing security duties in an
ACT Civil and Administrative Tribunal (ACAT) at a CHS facility or premises when the
Security Officer has been duly appointed as a Court Security Officer in accordance with
this Act.

When performing duties under the Mental Health (Secure Facilities) Act 2016, the Mental
Health Act 2015 and the Court Procedures Act 2004 there are legislative ‘use of force’
authorities incorporated into these Acts which are delegated to Security Officers in
accordance with the conditions of these Acts.

In addition to these Acts, the Crimes Act 1900, sections 218 ‘Power of arrest without warrant
by other persons’ and ‘section 221 Use of force in making arrest’ outlines further lawful
authorities that a Security Officer (as another person) may exercise the lawful use of force in
justifiable circumstances.

Note:
The authorities conferred onto a Security Officer under the various legislations is outlined in
the CHS Security Services (Use of Force) Policy.

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Section 2 – Situational Use of Force Model

CHS has adopted the ‘Situational Use of Force Model’ as a guide to assist Security Officers
when dealing with a non-compliant and violent person(s). This model is used extensively
throughout the security and law enforcement environment.

The ‘Situational Use of Force Model’ visually represents a Security Officer surrounded by
control options which are available to Security Officers to manage an incident. This model
assists officers to select the most appropriate options to resolve an incident.

The model is not restrictive. Officers may select other control options to escalate or de-
escalate the use of force if necessary.

A number of control options (as shown) have been crossed out. These options are available
to other law enforcement officers such as police and corrections but are not available to CHS
Security Officers.

Figure 1 – Situational Use Of Force Model

Security Officer training pertaining to the use of force will be in accordance with the
Situational Use of Force Model and the training doctrine adopted by CHS.

To remove any doubt, these control options may be applied by CHS Security Officers to:

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 inpatients - where clinical and/or wardspersons resources or tactics are overwhelmed,


ineffective or unsafe due to the level of violence created by the person (e.g. use of a
weapon to attack staff or others);
 correctional patients (e.g. while conducting off-site hospital or funeral escorts); and
 outpatients, visitors or others within public spaces (e.g. outside of clinical treatment
areas).

Note:
In some circumstances, use of handcuffs on an inpatient may meet the definition of a
‘Restrictive Practice’ and must be authorised by a clinician unless there is an imminent risk of
death or serious injury to a person.

Control options available to Security Officers in the Situational Use of Force Model are:
a. Communication Skills includes the application of both verbal and non-verbal
communication skills. Officers should, in aiming to de-escalate any conflict situation, use
calm and even communication with a view towards negotiation rather than use of force.
Effective communication involves engagement and trying to establish a connection with
another person.
b. Presence is an exercise of force because the mere fact that a Security Officer(s) is
present influences behaviour. Presence may also extend to weapons, instruments or
tools (such as activating body worn video, drawing a baton or displaying handcuffs) as
this will indirectly influence a person’s behaviour.
c. Restraining Accoutrements means restraining a person with handcuffs. Security officers
are only to use handcuffs on a person when it is lawful to do so. This is dependent upon
the circumstances at the time.
d. Situational Containment is the process of assessing a situation and identifying the
hazards, potential risks, threat levels and the likelihood of situation escalation.
Situational containment maintains control through containment of a threat within a
cordoned area whilst minimising the threat of escape and any potential triggers of
escalation or expansion.
e. Tactical Repositioning is a decision to move to an alternate position when faced with a
real and present danger in order to allow officers to tactically plan and assess a response
to an incident. Tactical repositioning may enhance control and safety without providing
a significant advantage to the threat and can include withdrawing, creating distance,
advancing or moving to cover.
f. Open Hand Tactics are skills, such as CHS approved holds and techniques, that may be
used by officers when control of a subject cannot be achieved otherwise.
g. Other Resources is the use of improvised equipment, items, weapons or personnel
necessary to effectively resolve an incident where application of standard options is not
appropriate or available. This may include the activation of specialist units or personnel,
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the use of their methodologies, tactics and equipment. Although not a control option
available to Security Officers, this may involve forcible giving of medication by clinical
staff.
h. Batons are made available to Supervisors for self-defence and to prevent death or
grievous bodily harm to themselves or another person.

Control options not available to Security Officers in the Situational Use of Force Model are:
a. Closed Hand Tactics which are used by a person to defend themselves or achieve a
tactical advantage by employing punches, elbows, knee strikes or kicks.
b. Conducted Energy Weapon (Taser) which is used as a ‘less than lethal’ control option to
deliver an electrical charge to a person with the aim of causing involuntary muscle
contractions and rendering a person temporarily incapacitated.
c. Oleoresin Capsicum (OC) Spray which is used as a ‘less than lethal’ control option where
a chemical agent is discharged with the aim of causing irritation to the eyes and nasal
passages and rendering a person temporarily incapacitated.
d. Firearm which is used to administer lethal force.

In circumstances where the use of force cannot be avoided, only the minimum amount of
force necessary to gain control of the situation must be used. A Security Officer must believe
on reasonable grounds, that the level of force used to be necessary and justifiable in the
circumstances and proportionate to the level of resistance encountered, i.e. too little force
would be ineffective; too much force would be excessive.

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Section 3 – Intervention Model

Before a Security Officer resorts to the lawful use of force they must give a clear verbal
warning to the person/s as to the intention to use force if a lawful direction is not complied
with, allowing the person(s) the option to comply.

In circumstances where the immediate lawful use of force is required (such as a person
being physically attacked) and a Security Officer is required to physically intervene, then a
warning does not need to be given. Once lawful use of force has been used, the Security
Officer must reinforce verbally, compliance directions to the person(s).

If a Security Officer is required to physically intervene in a situation and is required to


exercise the lawful use of force, the following intervention model should be adopted:

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Step Action Responsibility

1 Potential use of force


2 Safety first
3 Risk assessment
4 Contain and isolate
5 De-escalate and communicate
All Security Officers
6 Physical intervention
7 Continued communication/de-escalation
8 Medical attention for any persons involved
9 Police notified and response required
10 Document Staff Incident in Riskman

Step 1 – Potential use of force


When a situation develops or an incident occurs which has the potential for force to be used
against a person(s), or where a Security Officer has been requested to assist another staff
member in a physical restraint, the Security Officers must assess the situation and act to de-
escalate and/or contain the situation. This should be achieved by using the steps outlined in
this intervention model as well as in conjunction with the Situational Use of Force Model.

Step 2 – Safety first


Safety is the primary concern when dealing in an incident that may result in force being
used. Security Officers must have received the appropriate restraint and control training to
be able to physically intervene. Security Officers must ensure that all efforts are made to
minimise the potential of injury of all persons involved including Security Officers, staff,
visitors and consumers in a potential use of force incident.

Any incidents involving firearms or bladed weapons (such as knives, machettes, etc) should
prompt the Security Officer to withdraw from the situation and immediately advise ACT
Policing by dialing 000. The Security Officer will also advise any staff affected to evacuate
the area or see refuge in a safe place until police arrival.

Step 3 – Risk assessment


When determining the need to physically intervene to exercise the lawful use of force, a
dynamic risk assessment must be applied to the incident to identify any potential threats. In
any spontaneous incident there may not be sufficient time to conduct a dynamic risk
assessment and immediate intervention is required.

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Examples of risks to consider could include the consideration of a person’s mental,


psychological, physical and medical health or in the case of females, the possibility of
pregnancy.

Step 4 – Contain and isolate


Where possible, Security Officers should contain and isolate any incident that could result in
a use of force.

Step 5 – De-escalate and communicate


Where practicable, prior to force being used, de-escalation should be continually attempted
to gain compliance using non-contact control options.

Step 6 – Physical intervention


Security Officers must exercise effective control measures in accordance with the use of
force control model adopted. In a clinical environment when dealing with a patient, the CHS-
approved restraint program applicable for the area must be used. When dealing with a
member of the public, security industry approved use of force training techniques apply.
If the use of handcuffs is warranted, then their application must be in accordance with the
CHS approved handcuffing training program.

If the Security Officer believes that death or grievous bodily harm to themselves or another
person is imminent, they may use their baton in accordance with the CHS approved baton
training program.

A Security Officer will only use the minimum amount of force necessary to control the
situation.

Step 7 – Continued communication/de-escalation


If the situation necessitated the use of force, immediately after the application of force, the
Security Officer will continue to communicate with the person to de-escalate the situation
and gain cooperation/compliance.

Step 8 – Medical attention for any persons involved


Medical attention for any injured staff and any other persons involved.

Step 9 – Police notified and response required


Police notified and a police response required.

Step 10 – Document incident in Riskman


Report Staff Incident in Riskman.

Where a Security Officer has chosen to arrest a person for an offence which has been
committed, the Security Officer must report the incident to ACT Policing and will provide
police with a statement outlining the application of the use of force.

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Any use of force must be recorded in the Security Officer’s contemporaneous notebook or
logbook and must be reported in a security incident report in the Riskman Database.
All use of force incidents will be reviewed and examined by the CHS Agency Security Advisor
and may form part of formal ACT Policing investigations and proceedings.

Any use of force must be reported as soon as practicable to the person in charge of the
health facility and to the Director of CHS Protective Services. The CHS Agency Security
Advisor will review any incidents involving the use of force to ensure lawful compliance and
proportionality.

Any use of force that is deemed to be unlawful, that is, unreasonable, unjustifiable and/or
excessive may be deemed to be an assault and may leave the Security Officer liable to
criminal or civil prosecution.

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Section 5 – Operational Guidelines

1. Before force is used by a Security Officer, the person subject to the intended action must
be:
 given at least two clear verbal warnings that there is an intention to use force; and
 allowed sufficient time (dependent upon the circumstances) for the warning to be
complied with.
2. In spontaneous/urgent circumstances, Security Officers should give a clear verbal
warning of their intention to use force when possible. However, in situations where an
immediate use of force is required, and delay in action would create a risk of injury to
the Security Officer or any other person, a formal warning (as above) need not be given
and allowing the person(s) time to comply may be disregarded. In such situations
Security Officers are to reinforce compliance to instructions with the person verbally, for
example, ‘stop struggling, calm down’ or ‘stop resisting’.
3. Handcuffs must only be used:
a. at any CHS facility where there is an imminent risk of serious injury to a person
and removed as soon as practicable; or
b. on consumers admitted at the Dhulwa Mental Health Unit (DMHU) in accordance
with the CHS Operational Procedure DMHU - Use of Force.
4. In emergency circumstances or volatile situations at the DMHU, the use of handcuffs
must be authorised by the clinician in charge of the facility at that time. Handcuffs should
be removed as soon as practicable, however if, for safety purposes or in order to
maintain the good order of a secure mental health facility, the clinician in charge can
authorise their use for a further period of time.

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5. Batons must only be used where there is a risk of death or grievous bodily harm to a
person.
6. Only Security Officers who have been trained and assessed as competent in the use of
handcuffs or batons may employ them. Only the handcuffing and baton techniques
approved in the security industry training course and further endorsed by CHS can be
used.
7. Any person on whom force has been used must be asked if they have sustained any
injuries or do they require medical attention. If the person requests medical treatment it
must be arranged as soon as practicable following the use of force.
8. Security Officers who have been injured in a use of force incident will be released from
duty to attend medical treatment.
9. The Security Supervisor must ensure that any injuries sustained during a use of force are
photographed or recorded using a hand held camera/phone. This applies to any persons
involved who have sustained an injury (patients, Security Officers or any other person).
These images will form part of the Security Officers Report Form and will be uploaded to
the Riskman Staff Incident Database.
10. The only exception to this is if the person injured requires urgent medical attention
including hospitalisation. If this occurs and injuries are unable to be photographed, the
Security Officer must note this as part of their report. If the persons injuries require
admission to hospital, the CHS Work Health and Safety team must be notified as soon as
practicable.
11. All Security Officers involved in a use of force or present at a use of force incident must
submit an Officers Report Form before ceasing duty. The Security Supervisor will ensure
that reports are completed and submitted before the completion of the shift that the
incident occurred. The only exception to this is if an officer has been injured and released
due to medical reasons (as above). Where possible, the officer released will provide a
report. If unable to supply a report by the end of shift, the Security Supervisor will liaise
directly with the staff member to ensure reports are received at the earliest practical
time.
12. Use of force reports must include the following information:
 the circumstances e.g. the person was committing an unlawful act that necessitated
the use of force;
 the orders/directives issued to the person, by whom and inclusive of the date and
times;
 the person’s response (verbal and/or physical);
 the type of force used by each officer (e.g. applied a limb immobilisation technique
and forced the person to the floor) – this must be detailed and include the types of
force used from beginning to end of incident;
 any restraints/handcuffs used;
 any medical attention required by and/or given to staff and who provided it;
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 that medical attention was offered and/or given to the person and the person’s
response to that offer;
 the outcome of the use of force (e.g. person arrested and transferred to police);
and/or
 the reason(s) for the level of force used.
13. The Security Supervisor will collate all incident reports and hand over to the CHS
Assistant Director of Security Operations, along with any available CCTV surveillance
and/or hand held camera recordings. Copies of the recordings (from the CCTV
surveillance, hand held camera, or both) must be made, logged in the security register
and secured.

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Evaluation

Outcome
 Use of force by Security Officers is lawful (reasonable and necessary) and proportionate
to the situation.
 Use of force incidents will be reported as per this procedure and provided to the
Assistant Director of Security Operations.
 Use of Force reports will be reviewed and recommendations, where appropriate, will be
noted on the organisational register
 All Use of Force reports will be provided to the Agency Security Advisor

Measures
 Use of Force reports will be reviewed yearly
 Recommendations made as a result of a Use of Force report will be reviewed yearly

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Related Policies, Procedures, Guidelines and Legislation

Policies
 Canberra Health Services Protective Security Policy
 Canberra Health Services Protective Security Closed Circuit Television Policy
 ACT Government Protective Security Policy Framework (PSPF)

Procedures
 ACT Government Code of Practice for Closed Circuit Television Systems
 Canberra Health Services Dhulwa Mental Health Unit (DMHU) - Use of Force by
Authorised Health Practitioners, Security Officers, Court Security Officers and Escort
Officers Procedure

Legislation

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 Court Procedures Act 2004


 Crimes Act 1900
 Human Rights Act 2004
 Mental Health Act 2015
 Mental Health (Secure Facilities) Act 2016
 Security Industry Act 2003
 Public Sector Management Act 1994
 Public Sector Management Standards 2016
 Charter of Healthcare Rights

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Definition of Terms

Protective Services means employees or contractors of the Directorate that perform a


security function who possess a security licence as defined in the Security Industry Act 2003.

Security Officer means a person employed by CHS or contracted by CHS to provide security
services.

Use of force means:


a. the act of applying physical force to another person to:
i. prevent them from undertaking an activity that is unlawful; or
ii. threatens the safety of another person; or
iii. prevent the escape of a detainee; or
iv. protect property from criminal damage; or
b. restraining a person with handcuffs; or
c. in regards to a baton:
i. expanding the baton; or
ii. raising the baton with the intention to strike or gain compliance; or
iii. striking a person with the baton.

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Search Terms

Control and restraint, use of force, handcuffs, baton, crime, detain, assault, escape.

Disclaimer: This document has been developed by Canberra Health Services specifically for its own use. Use of
this document and any reliance on the information contained therein by any third party is at his or her own risk
and Canberra Health Services assumes no responsibility whatsoever.

Policy Team ONLY to complete the following:


Date Amended Section Amended Divisional Approval Final Approval
27/05/2021 Complete Review Colm Mooney, EGM, IHHS CHS Policy Committee

This document supersedes the following:


Document Number Document Name
DGD17-006 Use of Force by ACT Health Security Officers Procedure

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