Mental Health Flashcards
What is the definition of mental disorder?
Abnormal state of mind
Poses serious danger to self or others
Seriously diminishes capacity to take care of self or others
Who may request a DAO?
Anyone who believes someone is suffering a mental disorder
What must the DAO do on receiving a request?
Investigate
Determine if a mental disorder is genuine
Decide if medical examination necessary
If as a result of DAO enquiry, Medical examination is necessary what must DAO do next?
Arrange for Dr to examine (Cert under s8(4) (b) or assist person to apply s8(A).
Arrange for assessment s9
What is different between urgent and routine requirements for examination?
The DAO may request the Dr visit the patient
Under what section may police be called to assist?
S41
How does S39 differ from S38?
S39 refers to inpatients, outpatients (AWOL) and CTO otherwise requirements of DAO the same.
Describe S40 - taking patients to place for assessment?
Any patient Required to attend assessment refusing DAO may Take patient to that place
Under what sections can police be requested to assist?
S38(4)(b) - Assist to enable examination
“ “ (d) - Take to place for examination
S40 Place patient required to attend
What does S109 allow?
If FOUND AT LARGE PUBLIC PLACE Believe is DISORDERED...may TAKE to place for ASSESSMENT
S110 Gives police power to assist who and do what?
Medical Practitioner:
Enter
Detain or
Take for assessment/examination
How long can you detain a person for assessment?
Max 6 hours (or assessment or treatment complete)
Under “Use of Force” When may you use force to enter?
S41(2) and 110(c) Assisting DAO and medical practitioner
Who is in charge at any incident involving mental health?
DAO (when involved).
If the patient is intoxicated, is it appropriate to delay assessment?
No
When can police provide assistance to the DAO or Dr?
Only when required under the Act.
What are the two key phrases in the definition “Mental Health”
Poses serious danger.
Seriously diminished capacity.
What are NOT reasons for invoking the Act?
1: Political, religious or cultural beliefs
2: Sexual preferences
3: Criminal behaviour
4: Substance abuse.
5: Intellectually disabled.
Who can apply for a warrant under the Act?
DAO or Police (police must swear it)
You are called to assist the DAO to transport a patient for assessment but they refuse. The DAO is yet to read the notice of treatment to the patient. Can you forcibly remove the patient for transport?
No. the notice MUST be explained.
List the sections allowing the police to use force under the Act?
S38(4)(b) and (d) Assisting for assessment
S40(2) Taking or returning patient
How is police indemnified against civil damage claims?
The District must have obtained indemnity or
DAO accepts responsibility for damage.
Should you transport to police station for assessment?
No. Only in exceptional circumstances
A Dr has asked for your assistance to assess a MH patient. Can you do so?
yes - S110
Can police enter private property to detain a person with a mental disorder?
No. Police must be authorised by a request to assist DAO or Dr.
Do you have a power of entry
Implied but you can be asked to leave by the occupier.
Under what sections of S and S Act do you have a power of entry?
S7 Unlawfully at large
S8 Offence punishable by prison
S14 Entry to prevent risk to life
S18 - Possession of firearms, mentally incapable.
If a mentally disordered person is threatening to commit suicide on private property, do you have a power of Entry?
Yes, S41 Crimes Act - Prevention of suicide.
