Mental Health Act

Question 1

What section is “Mentally Ill persons”?

Answer 1

Section 14 Mental Health Act 2007

Question 2

What does Section 14 MHA 2007 mean?

Answer 2

Section 14 defines a mentally ill person as a person who is suffering from mental illness and there are reasonable grounds for believing that care/treatment or control of the person is necessary for:

• The person’s own protection from serious harm, or
• The protection of others from serious harm.

Question 3

What section is “Mentally disordered persons”?

Answer 3

Section 15 Mental Health Act 2007

Question 4

What does Section 15 MHA 2007 mean?

Answer 4

A person (suffering from mental illness or not) is a mentally disordered person due to the person’s behaviour being irrational and there are reasonable grounds that temporary care/treatment or control of the person is necessary for:

• The person’s own protection from serious physical harm, or
• The protection of others from serious physical harm.

Question 5

Is an intellectual disability considered a mental illness?

Answer 5

No it is not

Question 6

What section is “Detention after apprehension by police”?

Answer 6

Section 22 Mental Health Act 2007

Question 7

What does section 22 MHA mean?

Answer 7

A police officer may apprehend and detain a mentally ill or mentally disturbed person for the purpose of taking the person to a declared mental health facility if the officer believes on reasonable grounds that:

• The person is committing or has recently committed an offence
• The person has recently attempted to kill himself or herself
• The person will attempt to kill himself or herself
• The persom will kill other person
• Attempt to cause serious physical harm to himself or herself or any other person

AND

• It would be beneficial to the person’s welfare

Question 8

What section is “Transport of persons to and from mental health facilities and other health facilities”

Answer 8

Section 81 Mental Health Act 2007

Question 9

What does section 81 MHA mean?

Answer 9

The persons listed below:
(a) a member of staff of the NSW Health Service,
(b) an ambulance officer,
(c) a police officer,
(d) a person prescribed by the regulations.

May transport a mentally ill or disturbed person to or from a mental health facility or any other facility. A person may use reasonable force in exercising this power and may restrain the person in any way that is reasonably necessary in the circumstances.

Question 10

Which people can use Section 81 MHA?

Answer 10

(a) a member of staff of the NSW Health Service,
(b) an ambulance officer,
(c) a police officer,
(d) a person prescribed by the regulations.

Question 11

Can we sedated someone under Section 81 MHA

Answer 11

Yes, A person may be sedated for the purpose of section 81