Mental Health Act 1992

Question 1

Whats the definition of mental disorder?

Answer 1

A person is in a abnormal state of mind (continuous or intermittent) who may be delusional, or their mood or perception may be such that it poses:

• a serious danger to the health and safety of that person or others, or;
• seriously diminishes the capacity of such person’s to look after themselves.

Question 2

Section 38

Answer 2

Assistance when person may need assessment

Question 3

Section 38 - Obligations of DAO’s

Answer 3

• Investigate
• Determine if the concerns raised are genuine and that there are RGTB that the person may be suffering from a mental disorder
• Decide if medical examination necessary

Question 4

What section of the Mental Health Act does a doctor apply for an assessment of someone suffering from a mental health disorder?

Answer 4

Section 8B(4)(b)

Question 5

Under what section of the Mental Health 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 powers

Answer 7

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

Detain the person where he or she is
OR
Take the person to the place at which he or she is to have a medical examination
OR
Take the proposed patient to the place at which he or she is required to attend
OR
Take the patient back to the hospital.

Entry can only be made if the DAO is carrying out their responsibilities under Section 38
A warrant to enter needs to be obtained unless it is impracticable.

Question 8

Section 41 - How long can patients be detained?

Answer 8

Detain the person at the place for the shorter of—

(i) 6 hours; and
(ii) The time it takes to conduct the medical examination/assessment

Question 9

Section 109

Answer 9

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

Question 10

Section 109 - Police powers

Answer 10

If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so, –
(a) Take that person to a Police station, hospital, or surgery, or to
some other appropriate place; and
(b) Arrange for a medical practitioner to examine the person at that
place as soon as practicable.

• If not going to be admitted then RELEASE

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?

Answer 13

Section 122B

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 the person’s status (QP) - they may have been reported missing from a psychiatric hospital or other mental health facility.
2. If the person has a known psychiatric history, call your local DAO(s) or Mental Health Services and ask if they have any information about the person.
3. Ask the DAO(s) to find out whether the person is on leave from a psychiatric hospital. If so, their leave may be revoked and the patient returned to the hospital by either a DAO, the person who has charge of the person while on leave, or yourself.

Question 16

If at the end of a medical practitioner’s examination a 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 medical certificate

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

Question 17

What does mental disorder not include?

Answer 17

1· Political, religious or cultural beliefs.

2· sexual preferences.

3· criminal or delinquent behaviour.

4· substance abuse.

5· intellectual disability.

Question 18

If you 109 someone, are you allowed to take them to a Police Station?

Answer 18

Yes you can, although it’s not advised.

You can take them to a police station, hospital, surgery, or other appropriate place…then arrange for a doctor’s examination as soon as practicable.

Question 19

There’s no power under the Mental Health Act to enter a property to detain a 1M for an assessment.

What are some other options?

Answer 19

1) Police have implied licence to enter property just like anyone else until asked to leave by a lawful occupier.

Consider the following powers:

2) S+S s.8 - enter to search and arrest a person who you suspect has committed an imprisonable offence
- if you believe that they’ll will leave to avoid arrest or CADD evidence

3) S+S s.7 - enter and search for a person you suspect is UL at large (1M absconder)
4) S+S s.14 - Emergency Powers
5) S+S s.18 - enter if you have RGTS a person is in possession of a firearm and haven’t got proper control of it due to their mental condition
6) Trespass Act

NOTE:
If none of these apply, call a DAO

Question 20

You find a person walking in a public place who appears to have a mental disorder. Should you 109 them?

Answer 20

Only if you think that it would be desirable in the interests of the person or of the public to do so.

Question 21

If a DAO directs you to take the 1M to a Police station for assessment, should you?

Answer 21

You are not obligated under s41 of the Mental Health Act to do so.

A Police station is unsuitable for the wellbeing of the person in distress.

You can, if appropriate, advise the DAO that the patient can be taken to a hospital or other such place.

Question 22

When can you use force when transporting a 1M with DAO’s?

Answer 22

Only if there is an emergency and only as is reasonably necessary in the circumstances.

If the 1M is under s. 9, 11 or 13 don’t used force unless the health professional has issued the notice and explained it to the 1M.

In all situations, use force only if:

• in your opinion it is justified, and
• the DAO gives you clear instructions to do so, and
• the patient would be likely to suffer harm, or to harm other people or damage property if force is not applied, and
• the force used is necessary and proportionate given all the circumstances known at the time.

Question 23

Can DAO’s apply for a warrant for entry into a property to assess a person?

Answer 23

No. Only Police and the Director of Area Mental Health Services can apply for a warrant.

It is agreed between Police and MOH that a DAO can complete the warrant but it has to be signed and sworn by a Constable.

Question 24

Do you need a warrant to enter a premises when assisting DAO’s under section 41?

Answer 24

You must not exercise your powers to enter without warrant if it would be reasonably practical to obtain a warrant.

Question 25

What powers do Police have when assisting DAO’s to take a person to a place to be assessed?

Answer 25

• may enter the premises where the person is (must produce ID if not in uniform)
• may detain the person for up to 6 hours or the time it takes to complete the examination

Question 26

What does the Memorandum of Understanding with Mental Health state?

4 points.

Answer 26

1) covers responsibility, transportation of patients and use of force, and forms the basis of local agreements with the local mental health service
2) DAO’s are in charge at any incident where powers under the Mental Health Act are invoked. DAO’s should only request Police assistance when particular powers or specific expertise of Police are required.
3) An assessment should take place in the least restrictive environment (community/health facility or ER)
4) a person’s degree of intoxication should not delay any mental health assessment.

Question 27

What is the Police role under the Mental Health Act?

Answer 27

Police provide assistance where legislation provides for Police intervention.

The responsibility for providing services under the Mental Health (CAT) Act 1992 rests primarily with mental health services but Police provide assistance where legislation provides for Police intervention.

Question 28

Section 38

If DAO decides they need an exam but not urgently they MUST:

Answer 28

• arrange for a doctor to examine to issue an 8B(4)(b)
• once certificate issued, assist someone else to apply under 8a for an assessment of that person
• arrange for an examination to be conducted under Section 9 assessment