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 themselves
s109 - mentally affected person in a public place
If a person is found wandering at large or in any public place acting in a manner that gives rise that he or 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.
Max 6hrs
What are the roles 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
MOU between Police and MOH 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 urgently required
s41 - assisting a DAO
May enter the premises where the person is. If not in uniform, produce evidence that you are Police. Detain a person to enable an urgent medical examination. Hold for up to 6hrs, or for only as long as the examination takes.
Assist DAO to take a person who is sectioned to the place where the medical examination will be conducted
Return the patient to place of assessment
If it is reasonably practical to obtain a warrant, a constable must not exercise the power to enter without a warrant
s110 - 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 certificate 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 ling can you detain a person for when using the mental health powers?
For up to 6hrs or the time it takes to complete the examination. Whichever comes first
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 mental health act to enter private property or to detain a person on private property
What are the other options when dealing with mentally affected persons on private property?
Police have an implied license to enter private property. If asked to leave and there is no lawful justification to stay, you must leave.
s41 - Allows you to use such force to prevent suicide of the commission of an offence that would be likely to cause serious injury to any person or serious damage to property
s7 - Enter and search to arrest a person U/L at large
s8 - Enter and search and arrest person to prevent person from avoiding arrest or CADD’ing evidence
s14 0 Enter private premise if you suspect on reasonable grounds 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
