Mental Health Act 1992 Flashcards
What is a mental disorder in relation to any person?
An abnormal state of mind (whether continuous or intermittent) characterised by delusions or by disorders of mood or perception or volition or cognition of such a degree that it
(a) poses serious danger to that person or of others or
(b) seriously diminishes the capacity of that person to take care of himself
Section 109 - Mental Health Act 1992 - mentally affected person in a public place
If a person is found wandering at large in any public place acting in a manner that gives rise that he/she may be mentally disordered, police may:
(a) take that person to a police station, hospital or surgery and
(b) arrange for a medical practitioner to examine the person
(c) take the person to some other place nominated by the doctor for an assessment.
Can not detain for longer than 6 hours.
What are the rules and responsibilities for providing mental health services? Who does the responsibility lie with?
The responsibility for providing services rests primarily with mental health services but police provide assistance where legislation provides for police intervention.
Memorandum of understanding between the police and ministry of health covers:
Responsibilities, transportation of patients and use of force and it states that the DAO is the official in charge at any incident.
Assessment and treatment - police procedure at incident
Police provide assistance only when required as statutorily provided in the act.
What is the role of a DAO?
A DAO is required to investigate and decide whether or not the person needs to have a medical examination and whether this is required urgently.
Section 41 - Assisting a DAO
- may enter the premises where that person is if not in uniform produce that you are a cop. Detain a person to enable an urgent medical examination. Hold for up to 6 hours or for only as long as the exam takes.
- assist DAO to take a person who is sectioned to the place where the medical examination will be conducted.
- return patient to place for assessment (hosptial)
If it is reasonably practicable to obtain a warrant a constable must not exercise the power to enter without a warrant
Section 110 - Assisting a medical practitioner
110 (4) assist medical practitioner when called upon so an urgent examination can be completed.
110A(5) if the medical practitioner issues a cert that a person needs to be sedated due to significant danger to himself or others you can help the doctor administer the drug (restrain the person).
110B(4) when a person is undergoing an assessment you can help the doctor who is carrying out the assessment.
How long can you detain a person for when using the mental health power?
For up to 6 hours or the time it takes to complete the examination, whichever is shorter.
Powers when assisting a DAO/medical practitioner
Each power allows police to enter the premises where the person is and use reasonable force as required
Note: you can only use force in emergency situations when assisting a medical practitioner.
You must produce ID if you are not in uniform. Bill of rights to be given.
What authority do police have under the mental health act to enter private property?
Unless assisting a DAO or medical practitioner police have no power under the MHA to enter private property or to detain a person on private property.
What are the other options when dealing with mentally affected people on private property?
Police have an implied licence to enter private property. If asked to leave and there no lawful justification to stay you must leave.
Section 41 Crimes Act - allows you to use such force to prevent suicide or the commission of an offence that would likely cause serious injury to any person or serious damage to property.
Section 7 S&S Act - enter and search and arrest a person who is unlawfully at large.
Section 8 S&S Act - enter and search person to prevent person from avoiding arrest of CADD of evidence.
Section 14 - S&S Act - enter private property if you suspect on RG that your entry will stop or prevent an offence from being committed that may injure someone or damage property or cause serious loss of property.
What are the key principals regarding section 38 MHA - assistance when person may need an assessment
Anyone may request at anytime the assistance of a DAO.
The DAO must investigate the matter and decide on RG if the person is suffering from a mental disorder.
If they decided it is NOT urgent but the person does need to be assessed, they arrange for a doctor to examine the person with a view of issuing a cert under section 8.
If it is urgent, arrange for a doctor to come and see that person with a view of issuing a cert under section 8. If they cant see that person, try to get that person to go willingly to the doctor. If the person refuses to go, section 41 comes into play.
Using force under MHA
If assisting in an emergency helping a DAO you can use such force as reasonably necessary in the circumstances.
If the force is more than minimal or inconsequential force, you MUST complete a TOR. This report is collated and forwarded to the director of area mental health services on your behalf.
What must you ensure before using force against the 1M? What must be done/said by the DAO to you?
If the person is being transported for an assessment under section 9, 11, or 13 do NOT use force unless a health practitioner has issued a notice under the relevant section and this has been explained to the patient.
The notice states the reason for the assessment, the time and place of the assessment and the person who will perform it.
The person CANNOT be moved without this.
