Mental Health

Question 1

Where does the use of force for mental health disorder come from when using 109, 110c or 41?

Answer 1

Section 122B

• last resort
• must be reasonable

Question 2

What are your powers under section 109 of the mental health act 1992?

Answer 2

PUBLIC PLACE
In a Public place you can detain any person you believe is mentally disordered.
MUST take them to appropriate place and MUST arrange for examination.
You can detain for 6 hours.

Question 3

What is your power under section 110 of the mental health act 1992?

Answer 3

ASSIST DOCTER

Enter and assist medical practitioner. Detain until assessment is complete or 6 hours passes.

Question 4

What is your power under Section 41 of the Mental Health Act 1992?

Answer 4

ASSIST DAO
Enter by force and detain person til assessment has been completed or 6 hours passes
Or take the person to nominated place by the DAO.

Question 5

What are the time period people can be detained for mental health assessments?

Answer 5

6 hours max

Question 6

What is your power to return special and restricted patients to hospital and timeframes?

Answer 6

Both can be apprehended and returned to a hospital at ANYTIME

Question 7

What is your power to return a in-patient subject to a compulsory treatment order and is AWOL?

Answer 7

You may return the them to hospital if within 3 months of their leaving

Question 8

When can you enter a private address to detain a mental disorder patient?

Answer 8

Request of occupier
Assist DAO (S41)
Assist Medical Practitioner (S110)
Section 14 of the SASA 2012

Question 9

Define special patients

Answer 9

Patients detained by way of a court order

Question 10

Define restricted patients

Answer 10

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

Question 11

Define mental disorder

Answer 11

A person with an abnormal state of mind who poses a serious danger to themselves or others
Or seriously diminishes their ability to take care of themselves