Mental Health Flashcards
What is a mental disorder?
Abnormal state of mind characterised by delusions, disorders of mood or perception or volition or cognition to such a degree that
- possess significant danger to the H&S of that person or others
- seriously demonises the capacity of that person to care for themselves
s 38 - assistance when person may need assessment
Can call a DAO to assess someone if you believe they are suffering from a mental disorder
DAO must investigate the request and decide if they needs a further examination.
If further exam required but not urgent
- Must arrange for medical practitioner to examine person with a view to issuing a certificate
If further exam required and is urgent
- get medical practitioner to come to the person with a view to issue a certificate
- if unavailable can call police to assist to take person to a health practitioner
- arrange for assessment to be done under s 9
s 39 - Assistance in respect of outpatients and inpatients on leave
Relates to patient who is not in hospital, on community treatment order or inpatient order but in leave
Request DAO assistance
They must investigate and establish to concerns are valid
Inform the responsible clinician
Give other advise
s40 - assistance in taking/returning proposed patient to a place for assessment
DAO can take patient for assessment if they are subject of a community treatment order, refusing to attend place for treatment
s41 - police assistance
DAO if intending to take a person for assessment or return them to hospital can request police assistance
Police may enter the premises where patient is and if not in uniform produce ID evidence.
Can detain the patient for where they are for no more than 6 hours or the time it takes to do the assessment
Can take take patient to another place for examination and same detention as above.
Can take patient back to hospital if under s40
NEED A WARRANT UNDER THIS SECTION
s109 - police powers for mentally disordered person in public place
In a public place shows mental disorder person may take the person to a police station, hospital or surgery for an examination to take place
Detention for no longer than 6 hours
s110c - powers for urgent assistance
May enter that premise
Police may enter the premises where patient is and if not in uniform produce ID evidence
Detain no longer than 6 hours
s122B - may use force
Can use reasonable force given the circumstances
When interacting with people is mental distress police should:
- focus on mana enhancing interactions
- liaise with other agencies, family, carers
- use prevention first - alternative resolutions
- ensure risk info is shared when passing person to a DAO
Police will only attend MH events if
- an immediate risk to life/safety of any person
- a criminal offence as per normal
Advising other agencies of offences
Offences should be investigated.
Relevant risk info should be shared pertaining to the offence including photos and notebook statements etc
Should only disclose photos of person/their injuries if needed to support a a MH assessment
Recognising behaviours
Consider other reasons for the behaviour
alcohol, medical conditions/disability
Self harm attention seeking - may not be required for treatment at ED and released. Behavioural issue not mental health
Use behavioural descriptors of
- imminent risk of physical harm
- delusions
- hallucinations
- disordered thought
- Disturbance of orientation, memory, perception
- impulsive or reckless
- unregulated extreme emotion
- perception of being a burden, isolation and hopelessness.
Warrant required to assist DAO?
Police must not exercise its powers to enter without a warrant if it would be reasonably practicable to obtain one.
You need a warrant to TAKE a patient which is obtained by MH services
You also need a warrant TO ENTER PREMISES which police need to apply for
If the DAO isn’t present at the scene
Police don’t do the MH job unless they need to attend because of immediate risk
Use of a phone or AVL can be used in exceptional circumstances. Ie location and distance between parties
DAO or MH practitioners make call on phone /AVL use
Decisions on this need to be records and in RIOD for next local meeting
Using force to transport a person
Can only use force if it is an emergency and is reasonably necessary in the circumstances.
A warrant maybe required under s113A
When can you assist a MH PRACTITIONER and what are your powers?
When
- urgently need to examine a person who is mentally disordered
- a certificate is issued that a person urgently needs an assessment and the person is a danger to themselves or other may help Dr administer sedation by using restraint.
- undergoing an assessment examination.
POWERS
- enter premises
- produce ID if not in uniform
And may at the request of the MH practitioner
- detain where they are or
- take the person/patient to a place nominates by the Dr
6 hour rule applies
Arrest provisions apply
s30 CA 61 - protection from liability if they arrest the wrong person and acting in good faith
s31 CA 61 - confers all statutory powers of arrest without warrant on all constables
s34 CA 61 - confers the power to assist a constable in an arrest on anyone asked to do so
Procedure when assisting MH practitioner (5 steps)
- Verify urgency. Police can’t act unless it is an emergency and confirm legislative authority/ powers
- Use force if necessary to detain/take the person to a place nominated by MH
- Advise them if their rights
- Ensure not detained for more than 6 hours
- Any force used need to be done in a TOR
Mentally disordered person on private property - authority to enter
No powers under the Mental Health Act to enter
The MH (CAT) Act allows entry to private property to take/ retake a person in certain circumstances - in patient order and is AWOL or escape and AWOL
Mentally disordered person on private property - power to enter premises
No powers under the MH Act
Consider s8 S&S act if person has committed an imprisonable offence
You can enter, search for and arrest that person if you believe they will avoid arrest CADD anything unless you arrest immediately
s7 - May enter premises/vehicle without warrant if you believe someone is unlawfully at large. Only applies to a special/restricted patient who has escaped or failed to return from leave. Does not apply to inpatient order
s14 - enter without warrant if risk to life/safety that requires an emergency response
s18 - enter without warrant if believe person is in possession of firearms and their mental condition means they are incapable of having proper control of them.
Power to prevent suicide
s41 CA 61
Obvious power on entry.
But can not detain unless there is an overdose or laceration and need to be transported to hospital
