Mental Health Flashcards

1
Q

What is the definition of mental disorder?

A

Abnormal state of mind
Poses serious danger to self or others
Seriously diminishes capacity to take care of self or others

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2
Q

Who may request a DAO?

A

Anyone who believes someone is suffering a mental disorder

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3
Q

What must the DAO do on receiving a request?

A

Investigate
Determine if a mental disorder is genuine
Decide if medical examination necessary

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4
Q

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

A

Arrange for Dr to examine (Cert under s8(4) (b) or assist person to apply s8(A).
Arrange for assessment s9

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5
Q

What is different between urgent and routine requirements for examination?

A

The DAO may request the Dr visit the patient

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6
Q

Under what section may police be called to assist?

A

S41

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7
Q

How does S39 differ from S38?

A

S39 refers to inpatients, outpatients (AWOL) and CTO otherwise requirements of DAO the same.

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8
Q

Describe S40 - taking patients to place for assessment?

A
Any patient
Required to attend assessment
refusing
DAO may
Take patient to that place
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9
Q

Under what sections can police be requested to assist?

A

S38(4)(b) - Assist to enable examination
“ “ (d) - Take to place for examination
S40 Place patient required to attend

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10
Q

What does S109 allow?

A
If FOUND
AT LARGE
PUBLIC PLACE
Believe is DISORDERED...may
TAKE to 
place for
ASSESSMENT
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11
Q

S110 Gives police power to assist who and do what?

A

Medical Practitioner:
Enter
Detain or
Take for assessment/examination

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12
Q

How long can you detain a person for assessment?

A

Max 6 hours (or assessment or treatment complete)

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13
Q

Under “Use of Force” When may you use force to enter?

A

S41(2) and 110(c) Assisting DAO and medical practitioner

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14
Q

Who is in charge at any incident involving mental health?

A

DAO (when involved).

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15
Q

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

A

No

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16
Q

When can police provide assistance to the DAO or Dr?

A

Only when required under the Act.

17
Q

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

A

Poses serious danger.

Seriously diminished capacity.

18
Q

What are NOT reasons for invoking the Act?

A

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

19
Q

Who can apply for a warrant under the Act?

A

DAO or Police (police must swear it)

20
Q

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?

A

No. the notice MUST be explained.

21
Q

List the sections allowing the police to use force under the Act?

A

S38(4)(b) and (d) Assisting for assessment

S40(2) Taking or returning patient

22
Q

How is police indemnified against civil damage claims?

A

The District must have obtained indemnity or

DAO accepts responsibility for damage.

23
Q

Should you transport to police station for assessment?

A

No. Only in exceptional circumstances

24
Q

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

A

yes - S110

25
Q

Can police enter private property to detain a person with a mental disorder?

A

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

26
Q

Do you have a power of entry

A

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

27
Q

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

A

S7 Unlawfully at large
S8 Offence punishable by prison
S14 Entry to prevent risk to life
S18 - Possession of firearms, mentally incapable.

28
Q

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

A

Yes, S41 Crimes Act - Prevention of suicide.