3.3 Mental Health Act 1992 Flashcards
What is the definition of mental disorder?
Abnormal state of mind, whether continuous or intermittent, characterised by delusions, disorders or mood, perception, volition or cognition to such a degree:
- Poses serious danger to self or others
- Seriously diminished capacity to take care of self.
Who may request a DAO?
Anyone who believes someone is suffering a mental disorder.
What must the DAO do on receiving a request?
Investigate to:
* Determine if a mental disorder is genuine
* That there are reasonable grounds for believing that the person suffers from a mental disorder and
* Decide if an urgent medical examination necessary
If as a result of DAO enquiry, medical examination is necessary what must DAO do next?
- Arrange for medical practitioner to examine for a Cert to be issued under s8(4) AND
- Once issued, assist person to apply s8(A) or apply himself AND
- Arrange for assessment s9
What is different between urgent and routine requirements for examination?
If urgent, the DAO may request the Dr visit the patient
Under what section may Police be called to assist a DAO?
s41
How does s39 differ from s38?
- s38 relates to those needing assessment.
- s39 refers to inpatients, outpatients (AWOL) and Community Treatment Order.
Requirements of DAO the same.
Describe s40 - taking patients to place for assessment?
- Any patient
- Required to attend assessment
- and is refusing to attend,
- a DAO may take all reasonable steps
- take patient to that place or hospital where they are required to attend (including use requesting Police assistance)
s41 outlines the times might assist a DAO.
A. What sections of the Act would a DAO be undertaking in order to request this assistance?
B. What powers under s41 does this allow?
A. s38(4)(b) - assist to enable Dr’s examination
s38(4)(d) - take to place for Dr’s examination
s40(2) - take to place patient required to attend, or back to hospital
B. - Power of entry
- Take to place
- Detain 6 hours or the time it takes to conduct the medical examination (whichever is shorter)
What does s109 allow?
- If an person FOUND
- Wandering AT LARGE
- In any PUBLIC PLACE
- Acting in a manner that gives reasonable belief that they are MENTALLY DISORDERED and
- in PERSONS or PUBLIC INTEREST may TAKE to Police station, hospital, other place
- and arrange Dr to examine at the place as soon as practicable.
s110 Gives police power to assist who and do what?
If called upon by a Medical Practitioner under s110 to assist:
* Enter (produce ID if not in uniform)
* Detain, or
* Take
* Person for assessment/examination
How long can you detain a person for assessment?
Max 6 hours (or until assessment or treatment complete, whichever is shorter)
A. Under “Use of Force” When may you use force to enter?
B. If use of force is used pursuant to s122B, what formalities must Police undergo?
A. s41(2) and 110(c) Assisting DAO and medical practitioner.
B. - Circumstances recorded on TOR
- copy of TOR goes to Director of Area Mental Health
Who is in charge at any incident involving mental health?
DAO (when involved).
If the patient is intoxicated, is it appropriate to delay assessment?
No
When can Police provide assistance to the DAO or Dr?
Only when required under the Act.
What are the two key phrases in the definition “Mental Disorder”
- Poses serious danger
- Seriously diminished capacity to look after self.
What are NOT reasons for invoking the Act? (5)
- Political, religious or cultural beliefs.
- Sexual preferences
- Criminal behaviour
- Substance abuse
- Intellectually disabled
Who can apply for a warrant under the Act?
DAO or Police (police must swear it)
You are called to assist the DAO to transport a patient for assessment but they refuse. The DAO is yet to read the notice of treatment to the patient. Can you forcibly remove the patient for transport?
No. The notice must be explained.
s122B outlines when force can be used. List the relevant sections allowing the police to use force under the Act?
s38(4)(b) and (d) Assisting for assessment
s40(2) Taking or returning patient
s41, s110C Detain person for med exam
s41, s110C to enter premises
How is police indemnified against civil damage claims?
The District must have obtained indemnity or
DAO accepts responsibility for damage
Should you transport to police station for assessment?
No. Only in exceptional circumstances such as no bed at hospital or the person is violent. Police custody should be last resort.
A Dr has asked for your assistance to assess a MH patient. Can you do so?
Yes - s110
Can Police enter private property to detain a person with a mental disorder.
No. Police must be authorised by a request to assist DAO or Dr.
Do you have a power of entry?
Implied, but you can be asked to leave by the occupier.
Under what sections of S&S Act do you have power of entry?
s7 Unlawfully at large
s8 Offence punishable by prison
s14 Entry to prevent risk to life
s18 Possession of firearms, mentally incapable
If a mentally disordered person is threatening to commit suicide on private property, do you have a power of entry/force?
Yes, s14 S&S to enter (risk to life and safety to any person) and s41 Crimes Act - force to prevent suicide.
What are the relevant sections of the Crimes Act as it relates to Police powers of arrest and criminal responsibility (3)
s30 Crimes Act - protection from criminal responsibility if arrest wrong person in good faith.
s31 CA - statutory power of arrest
s34 CA - power to assist a constable to arrest when asked to do so
If you acted in good faith while using force, but without statutory authority, what would the consquences be?
No protection from civil or criminal liability.
