mental health act Flashcards
What is the Mental Health Act?
legislation that governs the way in which the care and treatment of people in NSW is provided to those people who experience a mental illness or mental disorder
mha aims
to protect the rights of people
with mental illness or a mental
disorder while ensuring that they
have access to appropriate care
This care is required to place as little
restriction on the rights and liberty of
the patient as the circumstances
permit
Who does the act
apply/relate to?
The Act relates to the care of people (consumers) who are: 1. Admitted to hospital voluntarily (voluntary patients) 2. Admitted to or detained in a hospital against their wishes (involuntary patients) 3. Required to receive treatment in the community (under CTOs)
what is inside in the mha
Care and treatment should be designed to assist people with a mental illness or mental disorder The role of carers and their rights to be kept informed should be given effect Medication is to be prescribed for therapeutic and diagnostic purposes only and not as punishment Services are to be provided in accordance with professionally accepted standards The age, gender, religious, cultural and language needs of consumers and carers should be recognised
“Voluntary patient”
a person who has been admitted to a mental health facility under
Chapter 2, or
(b) a person who has been re-classified as a voluntary patient under
this Act
Involuntary patient
person who is ordered to be detained as an involuntary
patient after a mental health inquiry or otherwise by the Tribunal,
or
(b) a forensic patient who is re-classified as an Involuntary patient
Admission on own request voluntary
A person may be admitted to a mental health facility as a voluntary
patient
• An authorised medical officer may refuse to admit a person to a
mental health facility as a voluntary patient if the officer is not
satisfied that the person is likely to benefit from care or treatment as
a voluntary patient
A person may be admitted to a mental health facility as a voluntary
patient whether or not the person is a Mentally Ill person or a
Mentally Disordered person
a person may be admitted as an
Involuntary Patient if
A person (whether or not the person is suffering from mental illness) is
a mentally disordered or ill person if the person’s behaviour for the time
being is so irrational as to justify a conclusion on reasonable grounds
that temporary care, treatment or control of the person is necessary
”mental illness”
” means a condition that seriously impairs, either
temporarily or permanently, the mental functioning of a person and is
characterised by the presence in the person of any one or more of the
following symptoms:
(a) Delusions
(b) Hallucinations
(c) Serious disorder of thought form
(d) A severe disturbance of mood
(e) Sustained or repeated irrational behaviour indicating the presence of
any one or more of the symptoms referred to in paragraphs
SHARING INFORMATION (consumer)
The Act recognises that carers and family members need greater
access to information about the consumer
t, it is important that carers, including family members, are
given access to information that would assist them in providing care.
However, there is also concern that a patient should be given some
control regarding who is to be provided with information about them.
The Act balances these views by: carers
Enabling consumers to nominate a ‘primary carer’ so this person can
receive information and be involved in treatment planning; exclude a
person or persons who they do not wish to receive information about
them or their treatment
• Establishing a process for identifying who will be the primary carer
when the consumer is not able to or does not nominate a primary carer
Every person in NSW has the right to
mental health services that:
Respect human rights Promote positive mental health Provide care in the least restrictive environment, consistent with treatment requirements Provide effective treatment and care across the lifespan Encourage and support self-help
