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
