Mental Health Act

Question 1

What is a Mental Disorder?

Answer 1

Abnormal state of mind to such a degree that it

• Poses a serious danger to the health and safety of themselves or others OR
• Seriously diminishes the ability of the person to take care of themselves

Question 2

When can you use s109?

Answer 2

If a person is found wandering at large AND acting in a manner that gives a constable reasonable belief that the person is mentally disordered

Question 3

What can you do under s109?

Answer 3

Take the person to a Police Station, hospital or other place and arrange for a medical practitioner to see them as soon as practicable

Question 4

How long can you detain someone under s109?

Answer 4

6 Hours. If the medical practitioner decides the person needs an urgent exam they can be detained for a new 6 hour period for the purpose of that exam.

Question 5

What is s110?

Answer 5

Call to assist medical practitioner

Question 6

What can you do under s110?

Answer 6

• Enter premise where patient is
• Detain the patient on that premise OR take the patient somewhere nominated by the medical practitioner
• All powers under s110 are for 6 hours

Question 7

Who has the responsibility for providing services under the Mental Health Act?

Answer 7

Mental Health. Police are there to assist where provided by legislation.

Question 8

Who is the official in charge at a Mental Health incident?

Answer 8

The Duly Authorized Officer. Police should be requested only where the powers and specific expertise of Police are required.

Question 9

Can you use force under the Mental Health Act?

Answer 9

Yes but only in an emergency.

Question 10

What steps must you take when assisting a medical practitioner?

Answer 10

1 - Verify if it is an emergency
2 - If necessary and authorized under the Act, use force to detain person or take person to place of assessment.
3 - Advise person of their Rights
4 - Ensure you do not detain for over 6 hours
5 - If more than trifiling force, TOR. Send copy of TOR to area director of Mental Health.

Question 11

What should you do before you s109 anyone?

Answer 11

1 - QP

2 - Call hospital/mental health and check their status

Question 12

If someone is on private property and you have no power to remove them what should you do?

Answer 12

Call a DAO to the scene (LOL. You’re fucked. Kidnap them.)