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CPK Senior Sergeant 2022 > Chapter 3: Mental Health > Flashcards

Chapter 3: Mental Health Flashcards

1
Q

What is the definition of mental disorder?

A

Abnormal state of mind, whether continuous or intermittent, characterised by delusions, disorders of mood, perception, volition or cognition to such a degree:

  • Poses serious danger to self or others
  • Seriously diminished capacity to take care of self
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2
Q

Who may request a DAO?

A

Anyone who believes someone is suffering a mental disorder

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3
Q

What must the DAO do on receiving a request?

A

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
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4
Q

If as a result of DAO enquiry, Medical examination is necessary what must DAO do next?

A
  • Arrange for medical practitioner to examine for a Cert to be issued under s8(4) (b) AND
  • Once issued, Assist person to apply s8(A) or apply himself AND
  • Arrange for assessment s9
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5
Q

What is different between urgent and routine requirements for examination?

A

If urgent, the DAO may request the Dr visit the patient

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6
Q

Under what section may police be called to assist a DAO?

A

S41

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7
Q

How does S39 differ from S38?

A
  • S38 relates to those needing assessment.
  • S39 refers to inpatients, outpatients (AWOL) and Community Treatment Order.

Requirements of DAO the same.

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8
Q

Describe S40 - taking patients to place for assessment?

A
  • 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
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9
Q

S 41 outlines the times Police 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 41 does this allow

A

A. S38(4)(b) - Assist to enable Dr’s examination
“ “ (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 places
- Detain 6 hours or the time it takes to conduct the medical examination (whichever is shorter)

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10
Q

What does S109 allow?

A
  • If any 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
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11
Q

S110 Gives police power to assist who and do what?

A

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
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12
Q

How long can you detain a person for assessment?

A

Max 6 hours (or until assessment or treatment complete, which ever is shorter)

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13
Q

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

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

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14
Q

Who is in charge at any incident involving mental health?

A

DAO (when involved).

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15
Q

If the patient is intoxicated, is it appropriate to delay assessment?

A

No

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16
Q

When can police provide assistance to the DAO or Dr?

A

Only when required under the Act.

17
Q

What are the two key phrases in the definition “Mental Disorder”

A
  • Poses serious danger.

- Seriously diminished capacity to look after self.

18
Q

What are NOT reasons for invoking the Act? (5)

A

1: Political, religious or cultural beliefs
2: Sexual preferences
3: Criminal behaviour
4: Substance abuse.
5: Intellectually disabled.

19
Q

Who can apply for a warrant under the Act?

A

DAO or Police (police must swear it)

20
Q

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?

A

No. the notice MUST be explained.

21
Q

S 122B outlines when force can be used. List the relevant sections allowing the police to use force under the Act?

A

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

22
Q

How is police indemnified against civil damage claims?

A

The District must have obtained indemnity or

DAO accepts responsibility for damage.

23
Q

Should you transport to police station for assessment?

A

No. Only in exceptional circumstances such as no bed at hospital or the person is violent. Police custody should be last resort.

24
Q

A Dr has asked for your assistance to assess a MH patient. Can you do so?

A

yes - S110

25
Q

Can police enter private property to detain a person with a mental disorder?

A

No. Police must be authorised by a request to assist DAO or Dr.

26
Q

Do you have a power of entry

A

Implied but you can be asked to leave by the occupier.

27
Q

Under what sections of S and S Act do you have a power of entry?

A

S7 Unlawfully at large
S8 Offence punishable by prison
S14 Entry to prevent risk to life
S18 - Possession of firearms, mentally incapable.

28
Q

If a mentally disordered person is threatening to commit suicide on private property, do you have a power of Entry/force?

A

Yes, S&S 14 to enter (risk to life and safety to any person) and S41 Crimes Act - force to prevent suicide.

29
Q

What are the relevant sections of the Crimes act as it relates to Police powers of arrest and criminal responsibility (3)

A

S30 CA 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

30
Q

If you acted in good faith while using force, but with out statutory authority what would the consequences be

A

No protection from civil or criminal liability

CPK Senior Sergeant 2022 (21 decks)

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