Chapter 3 - Drugs, Alcohol and MH Flashcards
Mental Disorder
An abnormal state of mind. (Continuous or intermittent).
Poses a serious danger to the health or safety of that person or others.
Seriously diminishes the capacity of that person to take care of themselves.
MH Act. Section 38 - Assistance for when a person may need an assessment.
Any person who may be suffering from a mental disorder may contact a DAO at any time.
The DAO must investigate and determine if the person requires urgent examination.
If not required but not urgent - arrange/assist a medical practitioner to complete an examination.
If urgent get a medical practitioner to come to the person to examine them.
If none available - try get them to go to one willingly.
Call police under s41 if required.
A DAO need not comply with the above if a certificate has been issued in the previous 72 hours.
MH Act Section 39 - Assistance for outpatients/inpatients on leave.
Every inpatient on leave/outpatient may at anytime request advice/assistance from a DAO.
- in regards to treatment, care etc.
DAO must investigate and inform the responsible clinician and advise of any concerns and give any appropriate advice.
MH Act Section 40 - Assistance taking a proposed patient/patient to place of assessment/treatment
Every patient/proposed required to attend any place for an assessment under 9, 11, 13, 14 and is refusing to attend.
The DAO on becoming aware of that fact may undertake all reasonable steps to take the proposed/patient to the place of assessment/treatment
MH Act Section 41 - Police assistance
DAO intending/attempting to do anything in relation to sections 38 or 40 may call on police to assist.
May enter the premises of the patient.(38 and 40)
detain them for up to 6hrs (38)
Taken them to the place required for assessment/treatment (40)
Must not exercise entry power if it would be reasonably practicable to obtain a warrant.
MH Act Section 109 - Police powers - mentally disordered person in a public place.
Any person found wandering at large acting in a manner that gives rise to a reasonable belief that they may be mentally disordered, any constable may, if they think it is in that persons interests or the public.
- take that person to a police station/hospital/surgery or some other appropriate place and arrange a medical practitioner to examine them.
- Detention must not last longer than 6 hours.
MH Act Section 110C - Police powers when urgent assistance required.
A constable called to assist a DAO may enter the premises where the proposed patient is. using force if necessary.
Detain that person and transport them to a nominated place for the purpose of an assessment/administer a sedative drug for up to 6 hrs.
MH Act Section 122B - Use of force
A reasonable force able to be used to detain patients and enter addresses.
Director of Area MH to be notified as soon as possible.
