3.2 Mental Health Flashcards
What is a mental disorder?
abnormal state of mind (whether continuous or intermittent), characterised by delusions, or by disorders of mood or perception or volition or cognition, of 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 themselves
What is S38 of MHA - Assistance when person may need assessment
Anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a DAO.
DAO must investigate and if they decide the person needs to have a medical exam, but not urgently, must arrange a medical practitioner to issue certificate under 8B, and once issued assist someone else to apply under S8A for assessment, and arrange for an assessment to be conducted under S9.
If urgently needs medical exam, must try and get medical practitioner to come to the person to issue 8B. May need to call for Police assistance (S41). If cant come try and get person to go willingly, if not call for Police assistance to take to medical practitioner.
If exam has already been done within 72 hours don’t need to issue another certificate.
What is S41 of MHA - Police assistance?
Constable requested for assistance, may enter the premises where the person is and detain the person for up to 6 hours.
Or take the person to the place to have a medical exam and detain the person at the place for p to 6 hours.
Or take the patient back to hospital.
Must not exercise the power of entry without warrant, if it would be reasonably practicable to obtain one.
Can you use force when assisting a DAO?
Under S122B of MHA, if you are acting in an emergency when assisting a DAO, you can use such force as is reasonably necessary. Can also use force to transport the person for medical examination in an emergency.
If the person is being transported to attend assessment under S9, 11 or 13, do not use force unless a health professional has issued a notice under the relevant section and this has been explained to the patient. The person cannot be moved without it.
If you act without authority and use force, you have no protection from civil or criminal liability.
If you are acting in an emergency you can use force
If you use reportable force submit a TOR.
What are the arrest provisions and do they apply?
Yes S30, 31.34 of Crimes Act apply to your power to take and detain as if it were a power of arrest.
S30 - protects you from criminal responsibility if you arrest the wrong person in good faith and believed the person to be named in the warrant.
S31 - confers all statutory powers of arrest without warrant on all constables
S34 - confers the power to assist a constable in an arrest upon anyone asked to do so
If private property what power do we have to enter?
S8 - If person has committed an offence punishable by imprisonment and can be arrested without warrant allows us to enter to search for and arrest.
S7 - Unlawfully at large - can enter to search for and arrest a person if suspect unlawfully at large, eg subject to an inpatient order and is absent without leave.
S14 - if suspect there is a risk to life or safety that requires an emergency response or if RGS that entry will stop or prevent an offence being committed that might injure someone, damage or cause serious loss of property, can enter.
S18 - if RGS that a person is in possession of firearms but has mental condition is incapable of having proper control of them.