Mental health

Question 1

What is the definition of a mental Illness?

Answer 1

• a condition (temporary or permanent) condition that seriously impairs mental functioning
• characterised by any one or more of the following symptoms:
  (a) delusions,
  (b) hallucinations,
  (c) serious disorder of thought form,
  (d) a severe disturbance of mood,
  (e) sustained or repeated irrational behaviour

Question 1

What is the definition of a mentally disordered person and where in legislation is it found?

Answer 1

Mental Health Act 2007 s15

• a person whose behaviour is, for the time being, so irrational that
• it can be concluded on reasonable grounds that the temporary care, treatment or control of the person is necessary
• for their own protection (or that of others) from serious physical harm.

Question 2

In what circumstances can police detain a mentally ill or disordered person for the purpose of a mental health assessment?

Where in legislation is this power found?

Answer 2

Mental Health Act 2007 s22 allows police to detain a person who appears to be mentally ill or disordered for transport to a mental health facility

Criteria for use:
1.officer must believe on reasonable grounds that
- the person committed / is committing an offence OR
- has attempted / will attempt to kill (themselves/another) or cause serious physical harm (to themselves/another)
2. officer believes on reasonable grounds that it would be beneficial to the person’s welfare to be dealt with under MHA rather than otherwise according to the law

Question 3

What section of legislation allows police to transport a mental health patient to and from mental health facilities?

What other supporting powers are provided in this section?

Answer 3

Mental Health Act 2007, Section 81 empowers police to:
(1) take persons to/from MH facilities
(2) use force (inc. restraints) to do so
(4) search (inc. frisk search) for anything that would be dangerous or could assist the person to escape
(5) seize and detain anything found as part of a search under subsection 4

Question 4

What is the definition of a mentally ill person and where in legislation is this found?

Answer 4

Mental Health Act 2007 s14

Definition:
- a person suffering from mental illness AND
- owing to that illness there are reasonable grounds to believe care, treatment or control of the person are necessary
- to protect themselves or others from serious harm

Question 5

If you detect a person committing an offence and they appear to be mentally ill or disordered, when should you charged and dealt with through the courts as opposed to taken to a mental health facility?

Answer 5

Table 1 or Strictly Indictable Offence – person should be charged and brought before a court as soon as possible

Table 2 or Summary Offence – should be dealt with under the Mental Health Act 2007 (NSW).