CM07 Mental Health (Compulsory Assessment and Treatment) Act 1992 Flashcards

1
Q

What is the definition of mental disorder?

A

An abnormal state of mind, characterised by delusions, or disorders of mood, cognition, perception or volition to such a degree that it

poses a serious danger to the health and safety of that person or of others OR seriously diminishes the capacity of that person to take care of themselves.

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2
Q

What are the two types of mental disorder types?

A

Continuous - without interruption

Intermittent - occurring at regular intervals

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3
Q

What are the two type of mental disorder patients?

A

Restricted patients and special patients.

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4
Q

What is a restricted patient?

A

Patients subjected to a compulsory treatment order but are considered a threat to the public.

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5
Q

What is a special patient?

A

Patients who are detained by way of a court order if they are found to be criminally insane or unfit to plead. Nothing can be done for them.

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6
Q

Who is not considered mentally disordered?

A
drug or alcohol addict
A person based on their views and beliefs
Intellectual disabilities
Sexuality
Criminal behviour
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7
Q

What is section 109 of the Mental Health Act and what does it allow an officer to do?

A

Police powers in a public places.

Can detain a person you think is mentally disordered in a public place and take them to an appropriate place to be assessed by examination.

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8
Q

What is the max length of time you can detain someone for assessment using section 109?

A

6 hours.

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9
Q

What does section 110C of the Mental Health Act 1992 cover and what does it allow Police to do?

A

Assisting a medical practitioner

When a medical practitioner has examined a person and believes that a person is mentally disordered and requires an assessment, the doctor can issue a certificate for

medical examination
Administer a sedative drug
assessment examination

Allows police to enter a place, detain the person for up to 6 hours until an assessment has been completed and take that person to a place to be assessed.

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10
Q

What are the two types of Compulsory treatment order patients?

A

In-patient - stays in a psychiatric unit for treatment

Out-patient - lives at home but attends a psychiatric unit for treatment

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11
Q

What is the assessment process from start to finish

A

A person displaying signs of mental illness is noticed

A DAO is informed and an application for assessment is completed

The person is examined by a medical practitioner

The medical practitioner certifies that person mentally ill

Person examined by a psychiatrist and if deemed to be in need of treatment becomes

in-patient or out-patient

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12
Q

What is a DAO and what do they do?

A

Duly Authorised Officers who are qualified nurses who specialize in mental health.

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13
Q

If a restricted or special patient goes AWOL when can they be returned to the hospital?

A

Any time, as they are a threat to the public.

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14
Q

If a compulsory treatment order patient who is not deemed dangerous goes AWOL, when can you return them to the hospital?

A

Within 3 months of going AWOL, any longer than that they are deemed to be released and a new application for assessment must be carried out.

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15
Q

What does Section 41 of the Mental Health Act 1992 refer to and what powers do Police have?

A

Assisting a Duly Authorised Officer

A DAO may call upon the Police to assist so they may assess a patient or transport a patient for assessment and treatment.

Can enter the premise by force and detain the person for up to 6 hours until an assessment has been completed.

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16
Q

What must you do if detaining any person under any of the Mental Health Act 1992 sections?

A

Caution rights, RAN and section 85 SOSA

17
Q

When are the only times you can enter a private address?

A

At the request of the occupier.

If requested by a 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.

18
Q

When exercising sections 109, 41, 110C where does your use of force come from and what are the conditions?

A

Use of force comes from Section 122B of the Mental Health Act 1992.

Must be reasonable, lawful and proportionate.
Must be used as a last resort.

19
Q

What are the entry powers under the Mental Health Act 1992?

A

Section 41 - assisting a DAO

Section 110C - assisting a medical practitioner urgently

20
Q

What are you detention powers under the Mental Health Act 1992?

A

Section 41 - assisting a DAO
Section 110C - assisting a medical practitioner urgently
Section 109 - public place

21
Q

Where are your use of force powers in the Mental Health Act 1992?

A

Section 122B - Use of Force when exercising sections 110C, 41, 109.

22
Q

How should a non-urgent mental disorder be handled by police?

A

Referred to DAO or medical practitioner.