Mental Health Act

Question 1

What is the definition of a mental disorder according to the MHA?

Answer 1

Any person with an abnormal state of mind (whether of a continuous or intermittent), characterised by delusions, disorders of mood, perception, volition, or cognition, of such a degree that it —
(a) Poses a serious danger to the health or safety of that person or of others; or (b) Seriously diminishes the capacity of that person to take care of themselves

Question 2

What is section 4?

Answer 2

The MHA will not be invoked for the reason of an individuals:

• Political, religious, or cultural beliefs
• Sexual preferences
• Criminal or delinquent behaviour
• Substance abuse
• Intellectual disability

Question 3

What is Section 8A?

Answer 3

Application for assessment
Criteria:
- Anyone over 18 years
- Must have seen person within last 3 days
- State grounds for believing the person is suffering a mental illness

Question 4

What is Section 8B?

Answer 4

Medical certificate supporting application for assessment
Criteria:
- Any medical practitioner
- Must not be related to the applicant or the person in question
- Health practitioner; means a medical practitioner, nurse practitioner; or a registered nurse practising in mental health

Question 5

What is Section 9?

Answer 5

Notice to attend Preliminary Assessment of Examination
Criteria:
- DAO ( Duly Authorized Officer) will arrange for person to be examined by a consultant
- Inform person of their rights
- Explains the process
- Ensures process is carried out correctly/legally
- Arranges transport
- Can request assistance of the police if required to take person to the examination (Sec 10)
- Can advise doctor who completed Sec 8B to give person a sedative without the person’s consent if:
a) Person is of significant danger to themselves or others
b) It would be in your best interest to be sedated

Question 6

What is Section 10?

Answer 6

Certificate of Preliminary Assessment
Criteria:
- By Psychiatrist/An appointed Medical Practitioner (DAMHS)
- Decision: Are there reasonable grounds to believe the person is mentally disordered or not?
- If NO, the process stops
- If YES, continue to Section 11

Question 7

What is Section 11?

Answer 7

1st Period of Assessment and Treatment (Tx.)
Criteria:
- 5 Days
- Person is now legally defined as a patient under the MHA
- Patient cannot refuse treatment
- Protected by patient rights as set out by the Act
- Have Right to request Review = Section 16
- Hospital or Community option

Question 8

What is Section 12?

Answer 8

Certificate of Further Assessment
Criteria:
- Examination by Responsible Clinician
- Decision: Does the person still have a mental disorder and that it is desirable that they receive further assessment and treatment
- If NO, released from compulsory status
If YES, continue to Section 13

Question 9

What is Section 13?

Answer 9

2nd Period Of Assessment And Treatment
Criteria:
- 14 days
- MHS are obliged to Tx
- Patient cannot refused Tx
- Protected by patient rights as set out by the Act
- Have Right to request Review = Section 16 
- Hospital or Community option

Question 10

What is Section 16?

Answer 10

Review Criteria:
- A person while subject to Section 11 or Section 13 can request a review
- Nursing staff MUST assist client with this process
- Request is made to District Inspector (DI) to facilitate review
- DI lodges request in writing to Family Court
Court arranges hearing ASAP
- Must be heard once
- If client requests another review this may or may not be heard which is at the discretion of the Judge
- Report from Responsible Clinician and 2nd Professional Report available for Judge
- These people must also be present to answer any questions the judge wishes to ask

Question 11

What is Section 14?

Answer 11

Certificate of Final Assessment
Criteria:
- Examination by Responsible Clinician
- Decision: Does the person have a mental disorder and should they be subjected to a compulsory Tx. order
- If NO, released from compulsory status
- If YES, application to the court

Question 12

What is Section 14 (4)a?

Answer 12

Application for Compulsory Treatment Order

Question 13

What is Section 15?

Answer 13

Status of Patient pending Determination of Application
Criteria:
- 14 days - remain liable to assessment and Tx.
- The judge can extend the period before determining the application, for a further period, not exceeding 1 month

Question 14

What is Section 18?

Answer 14

• Judicial Hearing
• Family Court Judge
• Patient can decide to represent self or request a lawyer to represent them.
• Report from Responsible Clinician and 2nd Professional report available for Judge
• Judge initially makes following decisions:
  1) Does the person need a Compulsory Treatment Order
• If NO, released from compulsory status
• If YES, requires compulsory TX.
  2) If YES - Can they be treated in the Community
• If YES, Section 29 (community)
• If NO, Section 30 (inpatient)

Question 15

What is Section 29 and Section 30?

Answer 15

• Clinical review at 3 months then every 6 months
• During 1st month of the order must comply with Tx.
• After 1st month patient does not need to receive Tx.
  UNLESS
  1) They consent in writing or
  2) The Tx. is considered to be “in your best interests” - this will be decided by an independent psychiatrist
• Person can apply for Review Tribunal to review decision

Question 16

What is Section 111?

Answer 16

Powers of Nurse where urgent assessment required
Criteria:
- Can be applied to any person admitted to hospital who is not already subject to the MHA
- Grounds to believe patient meets limb 1 and 2 of Section 2 MHA
- Can detain patient for no more than 6 hours - from the time a medical practitioner is called for purpose of assessment.
- Should complete Section 8A