3.3 Mental Health Act 1992

Question 1

What is the definition of mental disorder?

Answer 1

Abnormal state of mind, whether continuous or intermittent, characterised by delusions, disorders or mood, perception, volition or cognition to such a degree:

• Poses serious danger to self or others
• Seriously diminished capacity to take care of self.

Question 2

Who may request a DAO?

Answer 2

Anyone who believes someone is suffering a mental disorder.

Question 3

What must the DAO do on receiving a request?

Answer 3

Investigate to:
* Determine if a mental disorder is genuine
* That there are reasonable grounds for believing that the person suffers from a mental disorder and
* Decide if an urgent medical examination necessary

Question 4

If as a result of DAO enquiry, medical examination is necessary what must DAO do next?

Answer 4

• Arrange for medical practitioner to examine for a Cert to be issued under s8(4) AND
• Once issued, assist person to apply s8(A) or apply himself AND
• Arrange for assessment s9

Question 5

What is different between urgent and routine requirements for examination?

Answer 5

If urgent, the DAO may request the Dr visit the patient

Question 6

Under what section may Police be called to assist a DAO?

Answer 6

s41

Question 7

How does s39 differ from s38?

Answer 7

• s38 relates to those needing assessment.
• s39 refers to inpatients, outpatients (AWOL) and Community Treatment Order.

Requirements of DAO the same.

Question 8

Describe s40 - taking patients to place for assessment?

Answer 8

• Any patient
• Required to attend assessment
• and is refusing to attend,
• a DAO may take all reasonable steps
• take patient to that place or hospital where they are required to attend (including use requesting Police assistance)

Question 9

s41 outlines the times might assist a DAO.
A. What sections of the Act would a DAO be undertaking in order to request this assistance?
B. What powers under s41 does this allow?

Answer 9

A. s38(4)(b) - assist to enable Dr’s examination
s38(4)(d) - take to place for Dr’s examination
s40(2) - take to place patient required to attend, or back to hospital
B. - Power of entry
- Take to place
- Detain 6 hours or the time it takes to conduct the medical examination (whichever is shorter)

Question 10

What does s109 allow?

Answer 10

• If an person FOUND
• Wandering AT LARGE
• In any PUBLIC PLACE
• Acting in a manner that gives reasonable belief that they are MENTALLY DISORDERED and
• in PERSONS or PUBLIC INTEREST may TAKE to Police station, hospital, other place
• and arrange Dr to examine at the place as soon as practicable.

Question 11

s110 Gives police power to assist who and do what?

Answer 11

If called upon by a Medical Practitioner under s110 to assist:
* Enter (produce ID if not in uniform)
* Detain, or
* Take
* Person for assessment/examination

Question 12

How long can you detain a person for assessment?

Answer 12

Max 6 hours (or until assessment or treatment complete, whichever is shorter)

Question 13

A. Under “Use of Force” When may you use force to enter?
B. If use of force is used pursuant to s122B, what formalities must Police undergo?

Answer 13

A. s41(2) and 110(c) Assisting DAO and medical practitioner.
B. - Circumstances recorded on TOR
- copy of TOR goes to Director of Area Mental Health

Question 14

Who is in charge at any incident involving mental health?

Answer 14

DAO (when involved).

Question 15

If the patient is intoxicated, is it appropriate to delay assessment?

Answer 15

No

Question 16

When can Police provide assistance to the DAO or Dr?

Answer 16

Only when required under the Act.

Question 17

What are the two key phrases in the definition “Mental Disorder”

Answer 17

• Poses serious danger
• Seriously diminished capacity to look after self.

Question 18

What are NOT reasons for invoking the Act? (5)

Answer 18

1. Political, religious or cultural beliefs.
2. Sexual preferences
3. Criminal behaviour
4. Substance abuse
5. Intellectually disabled

Question 19

Who can apply for a warrant under the Act?

Answer 19

DAO or Police (police must swear it)

Question 20

You are called to assist the DAO to transport a patient for assessment but they refuse. The DAO is yet to read the notice of treatment to the patient. Can you forcibly remove the patient for transport?

Answer 20

No. The notice must be explained.

Question 21

s122B outlines when force can be used. List the relevant sections allowing the police to use force under the Act?

Answer 21

s38(4)(b) and (d) Assisting for assessment
s40(2) Taking or returning patient
s41, s110C Detain person for med exam
s41, s110C to enter premises

Question 22

How is police indemnified against civil damage claims?

Answer 22

The District must have obtained indemnity or

DAO accepts responsibility for damage

Question 23

Should you transport to police station for assessment?

Answer 23

No. Only in exceptional circumstances such as no bed at hospital or the person is violent. Police custody should be last resort.

Question 24

A Dr has asked for your assistance to assess a MH patient. Can you do so?

Answer 24

Yes - s110

Question 25

Can Police enter private property to detain a person with a mental disorder.

Answer 25

No. Police must be authorised by a request to assist DAO or Dr.

Question 26

Do you have a power of entry?

Answer 26

Implied, but you can be asked to leave by the occupier.

Question 27

Under what sections of S&S Act do you have power of entry?

Answer 27

s7 Unlawfully at large
s8 Offence punishable by prison
s14 Entry to prevent risk to life
s18 Possession of firearms, mentally incapable

Question 28

If a mentally disordered person is threatening to commit suicide on private property, do you have a power of entry/force?

Answer 28

Yes, s14 S&S to enter (risk to life and safety to any person) and s41 Crimes Act - force to prevent suicide.

Question 29

What are the relevant sections of the Crimes Act as it relates to Police powers of arrest and criminal responsibility (3)

Answer 29

s30 Crimes Act - protection from criminal responsibility if arrest wrong person in good faith.
s31 CA - statutory power of arrest
s34 CA - power to assist a constable to arrest when asked to do so

Question 30

If you acted in good faith while using force, but without statutory authority, what would the consquences be?

Answer 30

No protection from civil or criminal liability.