Mental Health

Question 1

What does mental disorder mean

Answer 1

In relation to any person means an abnormal state of mind (whether of continuous or intermittent nature) characterised by delusions or by disorders of mood or perception or volition or cognition of such a degree that it
- poses a serious danger to the health or safety of the person
- or seriously diminishes the capacity of that person to take care of himself or herself

Question 2

Section 38 mental health act

Answer 2

Anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a DAO.

The DAO must
- investigate the matter to the extent necessary and satisfy himself or herself that the expressed concern is genuine and
- there are RGTB that the person may be suffering a mental disorder and
- decide whether or not the person needs to have an examination urgently.

Question 3

Under s38, if a mental health practitioner has issued a certificate under 8B(4)(b) what is the time period to reapply if examination not done after the issuing of the certificate

Answer 3

72 hours

Question 4

Section 41 mental health act

Answer 4

DAO may request assistance from Police Constable

Gives police power to enter.

To detain person for up to 6 hours or the time it takes to conduct examination whichever shorter.

Take the person to a place which they are to have the examination

Question 5

S109 mental health act

Answer 5

Police powers in relation to person appearing to be mentally disordered in public place

If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered any Constable may if he or she thinks it would be desirable in the interests of the person or the public,
- take that person to a police station, hospital, or surgery or to some other appropriate place and
- arrange for a mental health practitioner to examine the person at that place as soon as practicable

Question 6

Section 30 crimes act

Answer 6

Protects you from criminal responsibility if you arrest the wrong person in good faith and on reasonable and probable grounds believed that person to be the one named on the warrant

Question 7

Section 31 crimes act

Answer 7

Confers all statutory powers of arrest without warrant on all constables

Question 8

Section 34 crimes act

Answer 8

Confers the power to assist a Constable in an arrest upon anyone asked to do so