Mental Health (Compulsory Assessment and Trestment) Act 1992

Question 0

What is the definition of Mental Disorder?

Answer 0

Abnormal state of mind (continuous or intermittent) characterised by delusions, disorders of mood, perception, volition or cognition of such a degree that it:

• poses a serious danger to health to safety of themselves or others
• seriously diminishes the capacity of the person to take care of
  themselves.

Question 1

No compulsory assessment or treatment shall be ordered in respect of any person by reason only of:

Answer 1

1. Person’s political, religious or cultural belief
2. Person’s sexual preference
3. Person’s criminal or delinquent behaviour
4. Substance abuse
5. Intellectual disability

Question 2

What is the definition of a Restricted patient?

Answer 2

Patients who are subject to a compulsory treatment order but are considered to be a DANGER TO THE PUBLIC.

Question 3

What is the definition of a Special Patient?

Answer 3

Patients detained by way of a court order if they are found to be CRIMINALLY INSANE OR UNFIT TO PLEAD. (Includes people on remand for a psychiatric report)

Question 4

What is a adult Authorised Officer (DAO)?

Answer 4

Qualified nurse specialised in mental health. Not all psychiatric nurses are DAOs

Question 5

Explain Section 109: Police Powers in Public Places for 1Ms

Answer 5

1. Police may APPREHEND
2. Any person wandering at large in a PUBLIC PLACE
3. Behaving like they have a mental disorder
4. Police believe it is in the publics interest

Rights must be given and S&S Act 2012 Sect 85 search

Question 6

Explain section 41: assisting a DAO

Answer 6

1. Police called by a DAO
2. ENTER premises by force if necessary
3. DETAIN person until assessment/examination has been done
4. TAKE a person nominated by DAO to place for examination and
   and DETAIN them till done
   Time limit for detention is 6 HOURS

Question 7

What is section 110 Authority of a Doctor?

Answer 7

Same as Section 41

Question 8

If you are called to a private address you may enter ONLY:

Answer 8

1. At request of OCCUPIER
2. If requested by DAO under sect 41
3. If requested to assist a DOCTOR where urgent examination, a sedative drug or urgent assessment is required

Question 9

Explain explain absence without leave with regards to restricted and special patients.

Answer 9

In this situation they may be APPREHENDED AND RETURNED TO HOSPITAL AT ANY TIME

Question 10

Regarding Compulsory Treatment Order patients, explain the procedures for patients that are AWOL or who fail to comply.

Answer 10

They may be APPREHENDED and RETURNED/TAKEN TO HOSPITAL within 3 MONTHS of going missing.

They are deemed to have been released from the Compulsory Treatment Order if absent for than 3 MONTHS.

Question 11

When transporting 1Ms (Memorandum of Understanding), what is required?

Answer 11

DAO or other suitable qualified health professional MUST PHYSICALLY ACCOMPANY PATIENT.

Don’t use force without ensuring assessment notice has been served and explained to person and be aware of POSITIONAL ASPHYXIA.