Mental health Act Flashcards
What is a JEO
Authorises a doctor or authorised mental health practitioner to examine a person though to be suffering mental illness and decide if full psychiatric assessment is appropriate
Who can make a JEO
Any person can apply for a JEO, however, JEO itself is made by a Justice of the Peace
Criteria for making a JEO
- Person reasonably believed to have a mental illness
- Person should be examined by a doctor/authorised MHP to decide on full assessment (recommendation for assessment)
- Examination cannot be properly made unless order carried out
How long is JEO in force
Maximum of 7 days
Powers of doctor with JEO
- Examine without their consent
- Can enter a place stated in JEO where practitioner believes person will be
- Exercise these powers with the help that is reasonable in the circumstances
- At reasonable time day or night
Powers of police
- Detain at place for examination
- Enter and search a place
- Enter place to prevent an offence, injury or domestic violence
What is an EEO
temporary detention and examination of a person who is experiencing urgent mental health problems->determine if need involuntary assessment
For emergency situations
Who can make an EEO
- Police officer
- Ambulance
- Psychiatrist
Criteria for EEO
- Has mental illness
- Because of this->imminent risk of physical harm by person or someone else
- Proceeding under JEO would cause delay, +risk of harm to person or someone else
- Taken to authorised MHS for examination to determine R&R
How long can person be detained with EEO
For 6 hours->examination time.
What is involuntary assessment
Assessment of person by doctor/MHS to determine if should have treatment
How is involuntary assessment initiated
- Request for assessment
a. reasonably believes the person has a mental illness and that involuntary assessment is necessary; and
b. has observed the person within 3 days before making the request: s 17, MHA; and
c. is not an employee or relative of the person who makes the recommendation for assessment: s 24, MHA; and
d. is a different person to the person who makes the request for assessment: s 23, MHA. - Recommendation for assessment
a. doctor or authorised mental health practitioner
b. has examined the person (including by audiovisual link) within the preceding 3 days:
c. is satisfied that the assessment criteria apply to the person
d. is not a relative of the person
e. is a different person to the person who makes the request for assessment
What are the assessment criteria
The assessment criteria for a person are all of the following, based on available information-
(a) the person appears to have a mental illness;
(b) the person requires immediate assessment;
(c) the assessment can properly be made at an authorised mental health service;
(d) there is a risk that the person may-
(i) cause harm to himself or herself or someone else; or
(ii) suffer serious mental or physical deterioration; and
(e) there is no less restrictive way of ensuring the person is assessed;
(f) for involuntary assessments - the person lacks capacity to consent to being assessed or has unreasonably refused to be assessed: s 13(1) and (2), MHA.
How long are assessment documents in force
- Made within 7 days of each-other
- Request for assessment only valid while recommendation in place
- Recommendation in force for 7 days after made
How long can a person be detained under involuntary treatment
Assessment period of 24 hours->can be extended to 72 hours
Once assessment period starts= involuntary patient
What is involuntary treatment order
Treatment without consent
Only made by authorised doctor
Cannot be the same person who made the recommendation
Criteria for ITO
(a) the person appears to have a mental illness;
(b) the person requires immediate assessment;
(c) the assessment can properly be made at an authorised mental health service;
(d) there is a risk that the person may-
(i) cause harm to himself or herself or someone else; or
(ii) suffer serious mental or physical deterioration; and
(e) there is no less restrictive way of ensuring the person is assessed;
(f) for involuntary assessments - the person lacks capacity to consent to being assessed or has unreasonably refused to be assessed: s 13(1) and (2), MHA.
How long does an ITO last
In force until revoked by authorised doctor or upon review by mental health tribunal/appeal of decision
