Mental Health

Question 1

Section 38 Assistance when a person may need assessment

Answer 1

Any one who believes a person may be suffering from mental disorder and may at anytime request a DAO.

DAO must investigate and decide if on RG that the person needs an urgent medical examination.

If not urgent a DAO must assist in arranging a medical practitioner to examine the person with a view of issue in a certificate.

If examined 72 prior and has certificate with them need not comply with above points.

If urgent must get a medical practitioner to come and visit the person with the view of issuing a certificate.

Can call for police assistance under section 41

Anyone may request DAO who must investigate the matter and arrange for a health practitioner to examine the person and decide if he or she be issued with a compulsory treatment order.

If found to be disordered the person can be compelled by the court for a compulsory treatment order or an inpatient order.

Question 2

Section 39 assistance in respect of outpatients.

Answer 2

Applies to every patient who is subject to an assessment not in hospital, every patient who is subject to a community treatment order, every patient who is an inpatient but on leave from the order.

Anyone may request DAO who must investigate the matter and arrange for a health practitioner to examine the person and decide if he or she be issued with a compulsory treatment order.

If found to be disordered the person can be compelled by the court for a compulsory treatment order or an inpatient order.

Question 3

Section 40 assistance in taking or returning proposed patient or patient to place of assessment or treatment.

Answer 3

Every proposed patient or patient who is required to attend:

• Assessment examination
• Other assessments
• Reviews
• Hearing’s

And

• Subject to a community order and refusing to attend at a place of treatment for that order

And

• Every patient who is subject to an inpatient order and is absent from the hospital without leave or when the leave/absence has expired

DAO may take all reasonable steps to take patient where they need to attend or take them to hospital.

Question 4

Section 41

Answer 4

A DAO may call Police for assistance.

-A constable may enter the premises where the proposed patient or patient is and present ID if not in uniform.
- Detain the patient for 6 hours or the time it takes to conduct the medical examination/any other assessment.

May take them to hospital.

Must not exercise the power without a warrant if it would be reasonably practicable to obtain a warrant.

Question 5

Section 109 Mental Health Act

Answer 5

Any person wandering at large that police believe is mentally disordered.

Take that person to the Police Station, hospital or surgery or appropriate place.

Arrange for a medical practitioner to examine the person ASAP.

Medical practitioner must assess and issue and certificate and make an application or release if no RGTB.

Detain for 6 hours or to the time it takes to have the assessment. Whatever is shorter.

Question 6

Section 110C Mental Health Act Urgent medical examination/assessment required.

Answer 6

Police may enter a premise to detain. May take to hospital or other such place identified by the medical practitioner.

May detain for 6 hours or until medical examination, sedative drug or assessment examination is conducted. Whichever is shorter.

Question 7

Section 122B use of force

Answer 7

May use such force reasonable in the circumstances.

Powers to detain, enter and take to a location.

Force must be recorded ASAP and given to the Direct of Area Mental Health Services.