Mental Health Act 1992 Flashcards
What is a mental disorder in relation to any person?
An abnormal state of mind (continuous or intermittent) characterised by delusions, disorders of mood, perception, 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 .
Under Section 109 - Mentally affected person in a public place, what powers do Police have?
If a person is found wandering at large in any public place acting in a manner that gives rise that he or she may be mentally disordered, Police may
- take that person to a Police Station, hospital or surgery or other appropriate place and
- arrange for a mental health practitioner to examine the person
If the mental health practitioner believes an assessment is needed then a Constable
- can continue to detain at that place or
- Take the person to some other place nominated by the mental health practitioner for an assessment.
Cannot detain for longer than 6 hours.
In relation to providing mental health services, Who does the responsibility lie with?
Responsibility primarily lies with mental health services but police provide assistance and intervention where legislation states.
What does the Memorandum of Understanding between the Police and Ministry of Health cover:
- Responsibilities, transportation of patients and use of force
- DAO is the official in charge at any incident under the mental health act
- when a person needs to be assessed it should take place in the least restrictive environment possible
- An intoxicated person should not delay any mental health assessment
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.
In Section 41 - Assisting a DAO, what does this allow Police to do?
- Enter premise where person is
- Produce evidence of ID
- Detain person to enable urgent medical examination
- Detain for up to 6 hours or as long as the exam takes
- Assist DAO to take the sectioned person where the medical exam will be conducted
- If reasonably practicable to get a warrant, Constable must not exercise power of entry without a warrant
Section 110 - Assisting a medical practitioner. What are you authorised to do?
- Assist medical practitioner when called upon so an urgent examination can be completed.
- If the medical practitioner issues a certificate that a person needs to be sedated due to significant danger to self or others you can help the doctor administer the drug (restrain the person).
- When a person is undergoing an assessment, you can help the doctor who is carrying out the assessment.
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.
How long can you detain a person for when using the mental health powers?
For up to 6 hours or the time it takes to complete the examination, whichever is shorter.
S38 Mental Health Act - assistance from DAO when person may need an assessment (Urgent / not urgent)
Anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a DAO.
The DAO must investigate the matter and decide on reasonable grounds if the person making the request is genuine and the person to whom the request relates is suffering from a mental disorder.
Non urgent assessment:
Arrange for a doctor to examine the person with a view of issuing a certificate under section 8.
Urgent assessment:
Arrange for a doctor to come and see that person with a view of issuing a certificate under section 8. If they can’t 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.
What are Police powers when assisting a DAO/ Medical Practitioner and duties that come with this
- Enter the premises where the person is and use reasonable force as required in an emergency situation when assisting medical practitioner
- Produce identification if you are not in uniform.
- Bill of rights to be given.
What are the other options (powers of entry) when dealing with mentally affected on private property?
Sec 41 Crimes Act - prevent suicide or commission of offence that would likely cause serious injury to any person or serious damage to property.
Sec 7 (SAS 2012) - Enter and search and arrest a person who is unlawfully at large
Sec 8 (SAS 2012) - Enter and search and arrest person to prevent person from avoiding arrest or CADD of evidence
Sec 14 (SAS 2012) - Emergency power - Enter private premise to prevent offence that may injure someone or damage/cause loss to property
Using force under the Mental Health Act:
If you do use force what must you do?
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 Mental Health Services on your behalf.
What must you ensure before using force against the mental health patient? What must be done/said by the DAO to you?
When transporting the patient, do not use force unless a health professional 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.
What are some of the reasons in which the procedure for a mental health assessment should not be invoked?
- Criminal delinquent behaviour
- Political, religious or cultural
- Intellectual disability
- Sexual preferences
- Substance abuse
