3.2 Mental Health Act 1992 Flashcards
Section 2 - What is a mental disorder in relation to any person?
An 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
a) poses serious danger to that person or of others or
b) seriously diminshes the capacity of that person to take care of himself
Section 109 - Mentally affected person in a public place
If a person is found wandering at large in any public place acting in a manner that gives rise that he or she may be mentally disordered, Police may
a) take that person to a Police Station, hospital or surgery and
b) arrange for a medical practitioner examine the person as soon as practicable
Roles and Responsibilities for providing services
The responsibility for providing services rests primarily with mental health services but Police provide assistance where legislation provides for Police intervention.
Memorandum of Understanding between the Police and Ministry of Health covers:
Responsibilities, transportation of patients and use of force
and it states that the DAO is the official in charge at any incident
Assessment and Treatment - Police procedure at incident
Police provide assistance only when required as statutorily provided in the act.
Section 38 - What is the role of a DAO?
A DAO is required to investigate and decide whether or not the person needs to have a medical examination and whether this is required urgently.
Section 41 - Assisting a DAO
41 (2)&; (3) - detain a person to enable an urgent medical examination for up to six hours.
41 (2) & (4) - assist DAO to take a person who is sectioned to the a place where the medical examination will be conducted.
41 (2), (5) & (6) - return patient to place of assessment.
Section 110 - Assisting a medical practitioner
110 (4) - assist medical practitioner when called upon so an urgent examination can be completed.
110 A (5) - if the medical practitioner issues a certificate that a person needs to be sedated due to significant danger to himself or others, you can help the doctor administer the drug (restrain the person).
110 B (4) - when a person is undergoing an assessment, you can help the doctor who is carrying out the assessment.
How long can you detain a person for when using the mental health powers?
For up to 6 hours or the time it takes to complete the examination, whichever is shorter.
Powers when assisting a DAO/ Medical Practitioner
Each power allows police to enter the premises where the person is and use reasonable force as required.
note: you can only use force in emergency situations when assisting a medical practitioner.
You must produce identification if you are not in uniform.
Bill of rights to be given.
What authority do Police have under the mental health act to enter private property?
Unless assisting a DAO or medical practitioner, Police have no power under the mental health act to enter private property or to detain a person on private property.
What are the other options when dealing with mentally affected on private property?
Police have an implied license to enter private property. If asked to leave and there is no lawful justification to stay, you must leave.
Sec 41 Crimes Act allows you to use such force to prevent suicide or the commission of an offence that would likely cause serious injury to any person or serious damage to property.
Sec 7 (S & S 2012) - Enter and search and arrest a person who is unlawfully at large
Sec 8 (S & S 2012) - Enter and search and arrest person to prevent person from avoiding arrest or CADD’ing evidence
Sec 14 (S & S 2012) - Enter private premise if you suspect on reasonable grounds that your entry will stop or prevent an offence from being committed that may injure someone or damage property or cause serious loss of property
Sec 18 (S & S 2012) - Enter private premise if you have reasonable grounds to suspect that a person is in possession of firearms but by reason of a mental condition is incapable of having proper control of them.
