Mental Health

Question 1

What are you powers for dealing with patients absent without leave?

Answer 1

Restricted patients and special patients may be apprehended and returned to hospital at any time

Compulsory treatment patients may be returned/taken to hospital if apprehended within 3 months of going missing.

Question 2

Police powers in public places

Section 109

Mental Health Act 1992

Answer 2

Any members of police may apprehend

Any person wandering at large in a public place

Behaving in a manner that gives rise to a reasonable belief that he/she may be mentally disordered and

The member believes it is in the interest of the person or public to do so.

Question 3

Assisting a Medical Practitioner

Section 110

Mental Health Act 1992

Answer 3

Any member of police called upon in such circumstances may

Enter the premises by force if neccessary

And detain the person in those premises until the assessment examination has been conducted

Take the person to some other place nominated by the medical practitioner, for the purposes of a medical examination or an assessment examination, and detain at the location until the examination has been conducted.

Question 4

Assisting a DAO

Section 41

Mental Health Act 1992

Answer 4

Any member of police called upon in such circumstances may

Enter the premises by force if necessary

And detain the person in those premises until the assessment examination has been conducted

Or take the person to some other place nominated by the DAO

take the person to some other place nominated by the DAO for the purposes of a medical examination or an assessment examination, and detain at the location until the examination has been conducted.

Question 5

Time limit for detention

Answer 5

No person shall be detained for more than six hours for the purpose of a medical examination or an assessment examination.

Question 6

What is the definition of “Mental Disorder”?

Answer 6

‘Mental disorder’, in relation to any person, means an abnormal state of mind (whether of continuous or intermittent nature) characterised by delusions, or by disorders of mood, perception, volition or cognition of such degree that it:

• poses a serious danger to the health or safety of that person or of others, or
• seriously diminishes the capacity of that person to take care of himself or herself. (section 2 of the Act)