2. Mental Health (Compulsory Assessment and Treatment) Act Flashcards
What is a mental disorder?
an abnormal state of mind (whether continuous or intermittent in nature) characterised by delusions, or by disorders of mood or perception or volition or cognition of such a degree that it:
a) poses a serious danger to the health or safety of that person or other; or
b) seriously diminishes the capacity of that person to take care of themselves
What must a DAO do when they receive a request about a person suffering a mental disorder (s38)?
Investigate the matter to establish:
- the concern expressed by the maker of the request is genuine
- there are RGTB the person whom the request relates to may be suffering from a mental disorder
Decide, on reasonable grounds, whether or not the person needs to have a medical examination
What can police do in terms of assistance when requested by a DAO (s41)?
- enter the premises where the person is
- if not in uniform, produce badge of proof
- may detain the person for the shorter of 6 hrs or the time it takes to do a medical exam
- take the person to a place to have a medical exam
- take the patient to the place they are required to attend
What is covered under s109?
Person found in a PP and acting in a manner that gives RGTB they may be mentally disordered may:
- take person to police station, hospital, surgery, or other appropriate place
- arrange for the person to be examined as soon as practicable
- detain the person for no longer that 6hrs
What is held regarding use of a warrant?
Must not exercise powers to enter without warrant if it would be reasonably practicable to obtain one.
When can force be used to transport the person?
if patient is refusing to attend an assessment or treatment place, can use force only if there is an emergency and only as is reasonable necessary in the circumstances.
If the patient is being transported to attend for assessment and treatment, do not use force unless a health professional has issued a notice under the relevant section and explained this to the patient.
What is held regarding taking a person to a police station?
if a person is not violent, has not committed an offence, and is not under arrest, they should not be taken to a police station.
What is held re mentally disordered people on private property?
Police have no power to enter private property or to detain a person with a mental disorder on private property, unless asked to do so by a DAO or medical practitioner.
