CM07: Mental Health Act 1992 Flashcards
What is the purpose of the Mental Health Act 1992?
ensuring people receive the appropriate psychiatric treatment while protecting their rights
Section 4 of the Mental Health Act 1992 directs that there will be no compulsory treatment or assessment for any person based on what?
- political, religious or cultural belief
- sexual preferences
- persons criminal or delinquent behavior
- intellectual disability
What is the meaning of “Metal Disorder”
Abnormal state of mind (continuous or intermittent) characterized by delusions or disorders of mood, perception, volition or cognition to such degree;
- poses serious danger to health or safety of that person or others
OR
- seriously diminishes the capacity of that person to take care of themselves
What is the meaning of “Restricted Patients”?
People subject to a compulsory treatment order but are considered to present a danger
What is the meaning of “Special Patients”?
Patients detained by way of a court order if they are found to be criminally insane or unfit to plead, also people remanded for psych report
What is a Duly Authorised Officer (DAO)?
Qualified nurses who have specialized in the area of mental health and have received further training on an ongoing basis
What powers does Section 109 give police in public places?
May apprehend
Any person wandering at large in a public place; and
behaving in manner there is reasonable belief he/she may be mentally disordered; and
believe it is in the interest of person or public
After apprehension under section 109 where must you take the person and when?
Police station hospital surgery other appropriate place DAO exam to be arranged ASAP
What powers does Section 41 give the police to assist a DAO?
- Enter premises by force if necessary (producing ID if not in uniform)
- Detain person until assessment exam conducted; OR
- take the person to some other place nominated by DAO and detain at that location until exam conducted
Under section 41 how long are you able to detain a person?
No longer than 6 hours for the purpose of medical / assessment exam
What are police powers under Section 110C (powers of entry) - medical practitioner?
When urgent assistance is needed;
- Enter the premises by force if necessary (produce ID if not in uniform); and
- Detain the person until an assessment exam has been conducted; OR
- take them to some other place nominated by a medical practitioner and detain at that location
Who can you return to hospital when you locate them under the act?
Special patient
restricted patient
compulsory treatment order patient (up to 3 months AWOL)
What do you have to remember when detaining a patient you will be returning to hospital?
You may search them under S. 85 SASA (RAN)
You must advise them of their caution rights
