3. Mental Health Act 1992 & Hazardous Substances & New Organisms Act 1996 Flashcards
What is the definition of a mental disorder?
Means an abnormal state of mind, characterised by delusions or by disorders of mood or perception or volition or cognition to such a degree that it poses a serious danger to the health or safety of that person or others, or seriously diminishes the capacity of that person to take care of themself.
Section 38, Mental Health Act 1992
Assistance when a person may need assessment
Any person who believes a person may be suffering from a mental disorder may request the assistance of a duly authorised officer (DAO).
The DAO must investigate and if they believe a person is suffering from a mental disorder they must decide whether or not the person needs a medical examination urgently.
If it is not urgent the DAO must arrange for a doctor to examine the patient at a later date.
If it is urgent the DAO must get a doctor to do an examination.
If the person has been examined within the last 72 hours by a doctor, no further examination is required.
Section 41, Mental Health Act 1992
Police assistance in taking or returning a patient for treatment
A constable called to assist a DAO may enter the premises where the person is and if not in uniform produce ID or evidence that he or she is a constable.
Constable can detain the person for six hours or the time it takes to conduct the medical examination.
The constable can take the patient to the place of examination and detain that person for six hours or the time it takes to conduct the examination.
If there is time to obtain a warrant, do so.
Section 109, Mental Health Act 1992
Police powers when person in a public place
When in a public place and a person is acting in a manner that gives a reasonable belief that he may be mentally disordered, a constable may take that person to a Police Station, hospital or some other appropriate place and arrange for a doctor to examine the person at that place as soon as practicable.
If doctor says person not unwell, release the person immediately.
If doctor believes person is unwell he can start the process to have a formal assessment completed. Detention may last no longer than six hours.
What should you do if asked to assist a DAO?
If a DAO asks for assistance, check the credentials of the person making the request and ask to see a copy of the relevant assessment certificate or compulsory treatment order.
Can you use force to transport a mental patient?
You can use force only if there is an emergency and only as is reasonably necessary in the circumstances. Only use force if a notice has been issued and it has been explained to the patient.
You must know which section you were acting under and be sure of what it says.
Section 109, Mental Health Act 1992
Power to apprehend 1M in a public place
You should only do this if you think that it would be desirable in the interests of the person or of the public to do so.
If you do apprehend, complete QP, call your DAO and ask whether the person is on leave from a psychiatric hospital.
You can take the person to a place for a doctors examination. It is sufficient that a persons behaviour gives rise to a reasonable belief the person may be mentally disordered.
What power do you have to enter a private property to detain a person with a mental disorder?
Police have no power to enter private property.
Consider the use of Police discretion and alternative resolution such as contacting family friends or doctors to assist.
Can you use other powers to enter private property to assist a person with a mental disorder?
Yes. If appropriate you could use section 8, section 7, section 14 and section 18, Search and Surveillance Act 2012.
Section 41, Crimes Act 1961 - prevention of suicide or prevention of serious injury to anyone would also apply.
Section 110C, Mental Health Act 1990 - Powers of Police when urgent assistance required
When called to assist a doctor, you may enter the premises where the person is and produce ID and detain the person where he or she is and take the person to a place nominated by the doctor.
You can only detain the person for six hours or shorter.
You can use such force is reasonably necessary in the circumstances.
You must record which force was used and give a copy to mental health services.
What is a hazardous substance?
Something that is
Explosive
Flammable
Can oxidise
Corrosive
Has toxicity
Eco-toxicity
That upon having contact with air or water, generates a substance with one or more of the properties above.
Section 136, Hazardous Substances & New Organisms Act 1996
Declaration of emergency
Where any enforcement officer has reasonable grounds to believe that there is an emergency in relation to hazardous material or substances, the officer may declare a hazardous substance or new organisms emergency.
They can enter any premises or dwelling, remove the cause, stabilise the situation, and protect the health and safety of people.
When does the declaration of emergency cease?
-48 hours after the time of the declaration; or
-When a state of emergency is declared under CDEMA ‘02; or
-When treated by FENZ as an emergency under FENZ Act ‘17; or
-When emergency declared under section 144, Biosecurity Act ‘93;
-Whichever is the sooner
Section 137, Hazardous Substances & New Organisms Act 1996
Emergency powers
Any enforcement officer may -
Enter any premises or dwelling…
Exercise any powers…
Direct any person to stop any activity which may contribute to the emergency
Request any person to take action to prevent or limit the extent of the emergency
Direct any person to leave or refrain from entering
Requisition any property
Destroy any property
Secure site for up to 24 hours…
A new organism…
Was not present in NZ immediately before 29 July 1998
