Mental health act Flashcards
Assessment criteria for the mental health act
1The 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;
(e) there is no less restrictive way of ensuring the person is assessed.
(2) Also, for chapter 2, the assessment criteria for a person include—
(a) lacking the capacity to consent to be assessed; or
(b) having unreasonably refused to be assessed.
Treatment criteria for the mental health act
The treatment criteria for a person, are all of the following—
(a) the person has a mental illness;
(b) the person’s illness requires immediate treatment;
(c) the proposed treatment is available at an authorised mental health service;
(d) because of the person’s illness—
(i) there is an imminent risk that the person may cause
harm to himself or herself or someone else; or
(ii) the person is likely to suffer serious mental or physical deterioration;
(e) there is no less restrictive way of ensuring the person receives appropriate treatment for the illness;
(f) the person—
(i) lacks the capacity to consent to be treated for the
illness; or
(ii) has unreasonably refused proposed treatment for the illness.
Requirements for involuntary assessment
R and R
Request for assessment - done by anyone who has seen the person in the last 3 days.
Recommendation for assessment - Done by doctor or authorised mental health practitioner.
Assessment done in community or inpatient facility
Valid for 7 days
Must be review by doctor in 24 hours to decide if treatment is needed
May be extended to a maximum of 72 hours
Criteria for involunteer treatment order
person has a mental illness
The person’s illness requires immediate treatment
Proposed tx is available at an authorised mental health service because of the person’s illness: there is an imminent risk that the person may cause harm to himself or herself to someone else, or the person is likely to suffer serious mental or physical deterioration
There is no less restrictive way of ensuring the person receives appropriate treatment for the illness
The person: lacks the capacity to consent to be treated for the illness or has unreasonably refused proposed tx for the illness.
Requirement for involuntary treatment order
duration - can be indefinite but need to be regularly review by the mental health review tribunal
Needs patient to be given rights of the patient and statement of rights
Requirement of an emergency examination order
This subdivision applies if a police officer or an ambulance officer reasonably believes—
(a) a person has a mental illness; and
(b) because of the person’s illness there is an imminent risk of significant physical harm being sustained by the person or someone else; and
(c) proceeding under division 2 would cause dangerous delay and significantly increase the risk of harm to the person or someone else; and
(d) the person should be taken to an authorised mental health service for examination to decide whether a request and recommendation for assessment should be made for the person.
Duration- detained for no more then 6 hrs
Requirements of an justice examination order
Done by someone applying to a magistrate or justice of the peace when they reasonably believes—
(a) the person has a mental illness; and
(b) the person should be examined by a doctor or authorised mental health practitioner to decide whether a recommendation for assessment for the person be made; and
(c) the examination can not be properly carried out unless the order is made.
Allows a person to be retained to allow for examination for a doctor to assess if a recommendation for assessment is needed.
Duration - up to 7 days after being made.
when can you stop an ITO
If they have capacity
haven’t had tx for 6 months
Or become a forensic patient
Assess capacity
1 - Ability to Understand
2- Retain the information
3 - Be able to process the information - Pros and cons
4 - Communicate their decision to you.
