Mental Health Act 1992 Flashcards
What is the definition of mental disorder?
In relation to any person, means and abnormal state of mind (whether of continuous or intermittent nature) characterised by delusions, or by disorders or mood, perception, volition or cognition of such degree that it:
- poses a serious danger to the health or safety of that person or of others, or
- seriously diminishes the capacity of that person to take care of himself or herself
What is a DAO?
Duly Authorised Officers
What is a restricted patient?
A patient who is subject to a compulsory treatment order but are considered to present a danger to the public
What is a special patient?
Patients who are detained by way of a court order if they are found to be criminally insane or unfit to plead. The category also includes people on remand for a psychiatric report.
What is Section 4?
No discrimination
No compulsory assessment or treatment shall be ordered in respect of any person by reason only of:
Politically religious or cultural belief Sexual preferences Criminal or delinquent behaviour Substance abuse Intellectual disability
Restricted and special patients.
If these patients are absent or have absconded without leave, what can police do if they find them?
They can be apprehended and returned to hospital at any time
Compulsory treatment patients.
If these patients are absent or have absconded without leave or fail to comply with an order, what can police do if they find them?
They can return them or take them to hospital if apprehended within 3 months of going missing
In relation to any person, means and abnormal state of mind (whether of continuous or intermittent nature) characterised by _________, or by _________ of ________, _________, ___________ or ____________ of such degree that it:
delusions, or by disorders or mood, perception, volition or cognition
What is Section 109?
POLICE POWERS IN PUBLIC PLACES
The member of police may apprehend
Any persons found wandering at large in a public place
And
Behaving in a manner that gives rise to a reasonable belief that he/she may be mentally disordered
And
The member believes it is the interest of the Person or public to do so
What is Section 110C?
URGENT ASSISTANCE
any member of police called upon in such circumstances may
Enter the premises by force if necessary
And
Detain the person in those premises until the assessment examination has been conducted
Or
Take the person to some other place nominated by the medical practitioner for the purpose of a medic examination or an assessment examination and detain at the location until the examination has been conducted
What is Section 41?
ASSISTING DAO
any member of police called upon in such circumstances may
Enter the premises by force if necessary
And
Detain the person in those premises until the assessment examination has been conducted
Or
Take the person to some other place nominated by the DAO for the purpose of a medic examination or an assessment examination and detain at the location until the examination has been conducted
Section 122B of the Act states that if you are exercising the following powers in an emergency you may use such force that is reasonably necessary in the circumstances.
What three powers is this referring to?
A power to take or retake a person, proposed patient or patient
A power to detail a person , proposed patient or patient in sections 41,109, or 110.
A power to enter premises in sections 41 or 110
Under GI M908, do not use force to transport a patient without ensuring what?
That an assessment notice has been served on and explained to them
For Section 110 it’s fine though/not needed
When transporting patients, what matters must be taken into consideration?
The patients clinical condition
The patients potential or actual violence
The types of Vehicle available
The need for restraint and the type available
The personnel available
The distance to be travelled
Where police have to assist a DAO or doctor, the DAO or a suitable health practitioner must what?
At all times physically accompany you and monitor the patient
