Victorian Mental Health Act (1986) & the Guardian and Administration Act

Question 1

What does DSM-IV-TR define mental illness as?

Answer 1

The successful performance of mental functions, in terms of thought, mood and behaviour that result in productive activity.

Question 2

Name three objectives of the Victorian MHA (1986).

Answer 2

• to provide for the care, treatment and protection of mentally ill people who do not or cannot consent to that care, treatment or protection
• to facilitate the provision of necessary psychiatric treatment and care to people with a mental disorder
• to protect the rights of people with a mental disorder
• to establish a ‘Mental Health Review Board’ (MHRB)
• to establish a Psychosurgery Review Board
• to provide a mechanism of review and appeal against MH detention and treatment by appointing community visitors
• to establish a Victorian Institute of Forensic Health (VIFH)
• to ensure that people with a mental disorder are informed of and make use of the provisions of this Act

Question 3

Name to principles of the Victorian MHA (1986).

Answer 3

Patients with a mental illness in the state of Victoria:

• are given the best possible care and treatment, appropriate to their needs, in the least possible reactive environment.
• provided the least possible intrusive manner, consistent with the effective provision of that care and treatment.
• rights are considered in providing for the care and treatment of people with a mental illness/disorder.
• the protection of members of the public any restriction upon the liberty of patients and other people with a mental disorder.
• and any interference with their rights, privacy, divinity and self-respect are kept to the minimum necessary in the circumstances.

Question 4

Section 8 of the Victorian Mental Health Act (1986) provides the criteria for detainment of clients. In order to detain these clients, all criteria must be met. What does this criteria include?

Answer 4

• the person appears to e mentally ill
• the person’s mental illness requires immediate treatment and that treatment can be obtained by the person being subject to an involuntary treatment order
• because of the person’s mental illness, involuntary treatment of the person is necessary for his or her health or safety (whether to prevent a deterioration in the person’s physical or mental condition or otherwise) or for the protection of members of the public
• the person has refused or is unable to consent to the necessary treatment for the mental illness
• the person cannot receive adequate treatment for the mental illness in a manner less restrictive of his or her freedom of decision and action

Question 5

What does section 10 of the VIC M.H.A (1986) state? Explain further.

Answer 5

Section 10 - a member of the police force may apprehend a person who appears to be mentally ill.

The police member is not required to exercise clinical judgement and is only required to have reasonable grounds to form the belief that a person is mentally ill and has or is likely to harm themselves and/or others. There are no forms for the police to sign.

Question 6

Section 11 of the VIC M.H.A (1986).

Answer 6

Section 11 - where a member of the police force or any other person has reasonable grounds for believing that a person who appears to be mentally ill is because of that mental illness incapable of caring for herself or himself may give the information on oath to a magistrate.

Question 7

Section 12 of VIC M.H.A (1986) states the examination by authorised psychiatrist. Name one of the three things the authorised psychiatrist can do.

Answer 7

• uphold the patients recommendation and continue detention in hospital as a S12. involuntary admission
• uphold the patients recommendation and continue involuntary treatment in the community as a S14. or (C.T.O) community treatment order
• discharge the patient; the patient then has the option of being discharged from hospital or remain voluntarily

Question 8

Section 14, Community Treatment Orders. Explain.

Answer 8

At any time, an authorised psychiatrist may make a community treatment order for a person who is subject to an involuntary treatment order if the authorised psychiatrist is satisfied that:

• the criteria in section 8(1) apply to the person; and
• the treatment required for the person can be obtained through the making of a community treatment order.

Question 9

Who are the three people that are members of the mental health review board?

Answer 9

• an independent psychiatrist
• a solicitor
• a community visitor