The Mental Health Act

Question 1

What are the Part 1 sections of the MHA

Answer 1

8a, 8b, 9, 10 and 11

8 . Any person may fill out application form
8A . Application for assessment
8B . Certificate to accompany application for assessment
9 . Assessment examination to be arranged and conducted
10 . Certificate of preliminary assessment
11 . Further assessment and treatment for 5 days
12 Certificate of further assessment
13 Further assessment and treatment for 14 days
14 . Certificate of final assessment
14A Documents relating to application for compulsory treatment order
15 . Status of patient pending determination of application
16 . Review of patient’s condition by Judge

Question 2

Describe 8a

Answer 2

Anyone from the community can sign an 8a and initiate the MHA.

Question 3

Describe Section 8b

Answer 3

Certificate to accompany application for assessment

a health practitioner is asked, by an applicant, to issue a certificate to accompany the application form
the ‘medical practitioner’s assessment certificate’ … The medical practitioner must examine the person and, if they believe there are reasonable grounds for believing the person may be suffering from a mental disorder, issue the certificate and initiate Section 9

The health practitioner must

1. examine the person; and
2. If he or she considers that there are reasonable grounds for believing that the person may be suffering from a mental disorder, issue the certificate.

Question 4

Describe Section 9

Answer 4

Assessment examination to be arranged and conducted

Question 5

Who usually initiates and completes Section 8b

Answer 5

These assessments are usually quick and are facilitated by the DAO.

Non-DHB medical practitioners are remunerated (per assessment) in recognition of their time and skills.

Question 6

Describe Section 10

Answer 6

Certificate of preliminary assessment

After completing the assessment examination, the health practitioner must record his or her findings in a certificate of preliminary assessment

that, in his or her opinion,—

• the proposed patient is not mentally disordered; or
• there are reasonable grounds for believing that the proposed patient is mentally disordered and that it is desirable that the proposed patient be required to undergo further assessment and treatment.

Question 7

Describe Section 11

Answer 7

• First assessment period (5 days)
• In hospital or in community
• Assessment and treatment
• No right to refuse
• Can ask Family Court for review
• Certificate of Further Assessment

Question 8

Describe Section 12

Answer 8

Certificate of further assessment

Before the expiry of the first period of assessment and treatment, the responsible clinician shall record his or her findings in a certificate of further assessment, stating—

• that he or she has carefully considered the statutory definition of mental disorder and the patient’s condition in relation to that definition; and
• that, in his or her opinion,—
  
  • the patient is not mentally disordered; or
  • there remain reasonable grounds for believing that the patient is mentally disordered and that it is desirable that the patient be required to undergo further assessment and treatment.

Question 9

Describe Section 13

Answer 9

Further assessment and treatment for 14 days

Question 10

Describe Section 14

Answer 10

Certificate of final assessment

• that in his or her opinion the patient is fit to be released from compulsory status; or
• that in his or her opinion the patient is not fit to be released from compulsory status.

Question 11

Describe Section 13/14

Answer 11

this is the application that must be signed by the Family court judge for Compulsary Treatment Order for 6 or more weeks which is a Section 31

​The family judge MUST believe that

• the person has a mental disorder
• they require compulsary treatment