3.2 Mental Health Flashcards
Interpretation of Mental Disorder
Abnormal state of mind characterised delusions, disorders of mood, perception or cognition of such degree that it:
- Poses a serious threat to the H&S of that person or others or;
- Seriously lowers the capacity of that person to take care of themselves.
What are Police powers when assisting DAO?
(Section 41)
- Enter premises and produce I/D if not in uniform.
- Detain a person for examination.
- Hold for up to 6 hours.
- Assist DAO with transportation
You must obtain a warrant if reasonably practicable.
What are Police powers for “Mentally Disordered” persons in public?
(Section 109)
Detain that person and take them to Police station, hospital, surgery or other place and arrange for MHT to examine that person.
If MHT deem they are not Mentally Disordered they are to be released.
If they believe they’re in need of a further assessment, you may continue to detain or transport to place for exam. Must not be longer than 6hrs.
When assisting a Medical Practitioner, what powers exist for Police?
(Section 110)
- Assist so an urgent exam can be done.
- Assist where needed for exam.
- Assist in restraining persons being sedated.
Use of Force under the MH Act.
If assisting DAO with transport, they must have issued a notice and explained this notice to the patient. You may then use force as reasonably necessary.
If it’s more than trifling force, complete a TOR which will also be sent to the Director of MH services.
What are some other possible legislations you can use as a Power of Entry when dealing with 1M on private property?
- S41 Crimes Act
- S7 S&S Act
- S8 S&S Act
- S14 S&S Act
What are some reasons a MH assessment should not be invoked?
- Political, religious or cultural behavior
- Intellectual disability
- Sexual preferences
- Substance abuse
