Mental Health Act 1992

Question 1

Section 2 - what is the interpretation of a mental disorder?

Answer 1

• an abnormal state of mind
• characterised by delusions, or by disorders of mood or perception to such a degree that it
  a. poses a serious danger to that person or others
  b. seriously diminishes the capacity of that person to take care of themselves

Question 2

Section 38

Answer 2

Assistance when person may need assessment

Question 3

Section 38 - assistance when person may need assessment

Answer 3

• may request DAO
• RGTB person is suffering from a mental disorder AND
• decides the person needs to have an exam

If DAO decides they need an exam they MUST:

• arrange for a doctor to examine to issue an 8B(4)(b)
• assist someone else to apply under 8a for an assessment of that person

Question 4

What section of the MH Act does a doctor apply in relation to someone suffering from a mental health disorder?

Answer 4

Section 8B(4)(b)

Question 5

What section of the MH act do Police apply when deciding someone has a mental disorder (when at the hospital)?

Answer 5

Section 8A

Question 6

Section 41

Answer 6

Police assistance

Question 7

Section 41 - Police assistance

Answer 7

• DAO may call Police to assist

- a constable may enter premises where a person or proposed patient is (must produce ID)

Question 8

Under Section 41 what 3 options do you have in terms of action you can take?

Answer 8

1. You can ENTER under S38(4)(d)
2. You can TAKE the person to have a medical exam
3. You can DETAIN the person at the place for 6 hours OR the time it takes to do the medical exam

Question 9

Section 109

Answer 9

Police may apprehend person appearing to be mentally disordered in a public place

Question 10

Section 109 - Police may apprehend person appearing to be mentally disordered in a PP

Answer 10

• found wandering at large in PP
• acting in a manner that gives RGTB mentally disordered then:
• TAKE them to a police station, hospital or surgery
• ARRANGE for a medical practitioner to examine them as soon as practicable
• If not going to be admitted then RELEASE

If RGTB mentally disordered then medical practitioner must: issue 8B; make application under 8A

Question 11

What arrest provisions apply under S41?

Answer 11

Crimes Act:

S30 - protection from liability if arrest the wrong person in good faith
S31 - statutory power of arrest (without warrant)
S34 - can confer power of arrest if need help

Question 12

What two procedures should you follow before assisting a DAO?

Answer 12

1. Check their credentials

2. Check the relevant certificate

Question 13

What section allows you to use force under the mental health act? List five instances where force would be applicable

Answer 13

Section 122B -

1. Only if it’s an emergency.
2. Only if its reasonably necessary.
3. Only if the DAO tells you to.
4. Only if the patient would suffer harm if no force is used.
5. Only if it is proportionate.

Question 14

Under Section 41 can you take a person to the police station?

Answer 14

No. They can only go to a hospital

Question 15

Name three enquiries you should make if you locate a mentally disordered person wandering at large

Answer 15

1. Check QP
2. Check with the mental health team
3. Ask if they are on leave or if their leave has been revoked

Question 16

If at the end of a medical practitioner’s examination an MP decides that a person is mentally disordered, what sections of the mental health act apply and describe what each section relates to

Answer 16

1. Must issue a S109(3) medical certificate

2. Must make an application for a preliminary assessment (S8, 8A and 8B)

Question 17

You are called to attend to a mentally disordered person on private property. They refuse to consent to coming for a medical exam. Describe the acts and circumstances that may possibly apply in this scenario.

Answer 17

SSA2012:

1. Section 7 - UAL
2. Section 8 - offence punishable by imprisonment - CADD or flight
3. Section 14 - situation that requires an emergency response
4. Section 18 - RGTS f/arms offence but due to 1M is incapable

Crimes Act: S41 - 1X
Trespass Act
Retaking - AWOL

Question 18

You are called to attend to a mentally disordered person on private property. They refuse to consent to coming for a medical exam. There are no applicable enactments. What course of action can you take?

Answer 18

Call and discuss with DAO