CM07 - MENTAL HEALTH

Question 1

Mental Disorder Definition

Answer 1

Mental disorder in relation to any person means an abnormal state of mind (whether continuous or intermittent in nature, characterised by delusion, disorders of mood, cognition, perception of volition to such a degree that it poses a serious danger to the health or safety of that person or of others OR seriously diminishes the capacity of that person to take care of themselves.

Question 2

Intermittent (occurring at regular intervals)

Answer 2

Example - Whenever Joe drives past a graveyard he thinks about killing himself

Question 3

Continuous

Answer 3

Example - Jane believes ghosts are trying to eat her brains so she wears a helmet at all times

Question 4

Restricted patients

Answer 4

Patients who are subject to compulsory treatment order but are considered to present a danger to the public.

Question 5

Special patients

Answer 5

Patients who are detained by way of a court order if they are found to be criminally insane or unfit to plead

Question 6

SECTION 109 - Police powers in a public place

Answer 6

Any members of police may apprehend

Any person wandering at large in a public place

Behaving in a manner that gives rise to a reasonable belief that he/she may be mentally disordered

The member believes it is the interest of the person or public to do so

Question 7

SECTION 109 continued..

Answer 7

Once detained you must take them to an appropriate place to be assessed - MUST arrange an examination

Can only detain them for 6 HOURS

Question 8

SECTION 110C Assist Medical Practitioner

Answer 8

Any member of police called upon in such circumstances may:

enter the premises by force if necessary
AND
detain the person in those premises until the assessment examination has been conducted
OR
take the person to some other place nominated by the medical practitioner, for the purposes of a medical examination or an assessment examination, and detain at the location until the examination has been conducted.

Question 9

Section 41 Police Power to Assist DAO (Duly Authorised Officer)

Answer 9

A DAO may call upon the assistance of any member of police to assist in:

Assessing a patient
Transport a patient for assessment

Question 10

Section 41 allows you to…

Answer 10

Enter a place

Detain the person until an assessment has been completed (Max 6 hours)
Take that person to a place to be assessed

Question 11

Private Address

Answer 11

You may enter only..

At the request of the occupier
If requested by DAO under section 41
If requested to assist a doctor where urgent medical examination, a sedative drug, or urgent assessment is required under section 110.

Question 12

Section 122(B) Use of Force

Answer 12

This section states that if you are exercising the following powers in an emergency you may use such force as is reasonably necessary in the circumstances.

A power to take or retake a person, proposed patient or patient.

Powers to detain a person, proposed patient or patient in sections 41, 109 or 110.

A power to enter premises in sections 41 or 110.

Question 13

Section 122(B) Use of Force continued..

Answer 13

Use of force is a last resort

Must be lawful, reasonable, proportionate

Question 14

What does AWOL stand for?

Answer 14

Absent
With
Out
Leave

Question 15

Patients that have gone AWOL

Answer 15

If a person is subject to a Compulsory treatment order and is AWOL. From the time they go missing you have 3 months to find them and return to hospital.

Restricted and special patients whom go AWOL may be apprehended and returned to a hospital at ANY TIME.

Question 16

NEED TO KNOW

Answer 16

ENTRY POWERS -
Section 110C - Urgent Assistance Required (Doctor)
Section 41 - Assisting DAO with assessment

DETENTION POWERS
Section 109 - Public place
Section 110C - Urgent Assistance required (Doctor)
Section 41 - Assisting DAO with assessment

USE OF FORCE
Section 122B Mental Health Act

Question 17

NEED TO KNOW

Answer 17

Length of time someone can be detained for assessment is 6 HOURS

Person subject to CTO and AWOL must be returned to hospital within 3 MONTHS

Special/Restricted patient who is AWOL must be returned to hospital (no time limit)

Restricted patient - CTO and considered a danger to public
Special patient - Court order because criminally insane or unfit to plead.