Mental Health (Compulsory Assesment and Treatment) Act 1992

Question 1

What are you powers for dealing with patients absent without leave?

Answer 1

• Restricted patients and special patients may be apprehended and returned to hospital at any time
• Compulsory treatment patients may be returned/taken to hospital if apprehended within 3 months of going missing.

Question 2

What are your powers in relation to mentally disordered people in public places?

Answer 2

• Any members of police ma apprehend
• Any person wandering at large in a public place
• behaving in a manner that gives rise to a reasonable belief that he/she may be mentally disordered and
• The member believes it is in the interest of the person or public to do so.

Question 3

What are your powers in relation to assisting medical practitioners? (section 110c)

Answer 3

• Any member of police called upon in such circumstances may:
• Enter the premises by force if neccessary
• And detain the person in those premises until the assessment examination has been conducted
• Or take the person to some other place nominated by the medical practioner
• for the purposes of a medical examination and detain at the location until the examination has been conducted.

Question 4

What is the role of police in assisting a DAO under sect 41 of the act?

Answer 4

• Any member of police called upon in such circumstances may
• enter the premises by force if necessary
• And detain the person in those premises until the assessment examination has been conducted
• Or take the person to some other place nominated by the DAO
• for the purposes of a medical examination and detain at the location until the examination has been conducted.

Question 5

What does GI M908 say in relation to police powers to use force?

Answer 5

• Do not use force to transport a patient without ensuring that an assessment notice has been served on and explained to them.
• Force can only be used in circumstances where it is likely the patient will be a danger to themselves or others or likely to cause serious property damage.
• Before using force seek the wishes of the patient and their caregiver. Consider their views and make every effort to reduce the risk of violence before transporting the patient.

Question 6

What is the definition of “Mental Disorder”?

Answer 6

• Any person whose abnormal state of mind is characterised by delusions or disorders of mood, perception, volition or cognition to such a degree that it:
  
  • poses a serious danger to the health and safety of that person or others
  • seriously diminishes the capability of that person to take care of themselves.