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Question 1

In Section 42 - Assisting a DAO,

What does this allow Police to do?

Answer 1

Answer:
Powers under s41 are as follows:

• May enter the premises where that person is
• if not in uniform, produce ID that you are a Constable
• Detain a person to enable urgent medical examination
• Hold for up to 6 hours, or for only as long as the exam takes
• Assist the DAO to take a person who is sectioned to a place where the medical examination will be conducted
• return patient to place of assessment (hospital)

If it is reasonably practicable to obtain a warrant, a Constable must not exercise the power to enter without a warrant

Question 2

Section 110 - Assisting a medical practitioner

What are you authorised to do?

Answer 2

• Assist the medical practitioner when called upon so an urgent examination can be completed
• If the medical practitioner issues a certificate that a person needs to be sedated due to significant damage to self or others you can help the doctor to administer the drug (restrain the person)
• When a person is undergoing an assessment you can help the doctor who is carrying out the assessment

Question 3

How long can you detain a person when using the mental health powers?

Answer 3

Answer:
- For up to 6 hours or the time it takes to complete the examination, whichever is shorter

Question 4

What are Police powers when assisting a DAO/Medical practitioner and duties that come with this?

Answer 4

• Each power allows police to enter the premises where the person is
• And use reasonable force

Note: you can only use force in emergency situations when assisting a medical practitioner

• You must produce ID if not in uniform
• BOR to be given

Question 5

What authority of Police have under the mental health act to enter private property?

Answer 5

• Unless assisting a DAO or medical practitioner
• Police have no power under the Mental Health act
• To enter private property or to detain a person on private property