CM07 - MENTAL HEALTH (COMPPULSARY ASSESSMENT AND HEALTH) ACT 1992

Question 1

PURPOSE

Answer 1

To ensure people suffering from mental disorder receive the appropriate psychiatric treatment.

Question 2

MENTAL DISORDER

Answer 2

abnormal state of mind (continuous or intermittent) 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)

Question 3

RESTRICTED PATIENTS

Answer 3

Are subject to a compulsory treatment order but are

considered to present a danger to the public.

Question 4

SPECIAL PATIENT

Answer 4

Detained by way of a court order if they are found

to be criminally insane or unfit to plead. The category also includes people on remand for a psychiatric report

Question 5

PATIENTS WITHOUT LEAVE OR ABSCONDERS

Answer 5

RESTRICTED & SPECIAL: apprehended and returned to hospital at any time.

COMPLUSORY TREATMENT PATIENTS: apprehended and returned/taken to hospital if apprehended within 3 months of going missing.

The patient is deemed to be released from their compulsory treatment order if absent for more than three months. A new application for assessment must be completed.

Question 6

SECTION 109

Answer 6

DETAIN MENTALLY DISORDERD PEOPLE IN PUBLIC PLACES

Wandering at large in a PUBLIC PLACE
AND
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 t he interest of the person or public to do so.
APPREHEND > DAO

Question 7

SECTION 41

Answer 7

ASSISTING A DAO - ENTRY/DETAIN/TAKE

• to assess a patient or transport for assessment/treatmt

ENTER the premises by force if NECESSARY

AND

DETAIN the person in those premises until the assessment exam has been conducted

OR

TAKE/TRANSPORT the person to some other place nominated by the DAO for the purposes of a medical exam or assessment exam and detain at the location until exam has been conducted

Question 8

TIME LIMIT FOR DETENTIONS

Answer 8

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

Question 9

SECTION 110C

Answer 9

URGENT ASSISTANCE NEEDED BY DR - ENTER/DETAIN/TAKE

ENTER premises by force if NECESSARY (ID/UNIFORM)
AND
DETAIN the person in those premises until the assessment examination has been conducted
OR
TAKE/TRANSPORT the person to some other place nominated by the medical practitioner, for a medical exam or an assessment exam, and detain at the location until the exam has been conducted.

Question 10

ENTRY POWERS PRIVATE PLACE

Answer 10

S41 - when requested by DAO
S110C - urgent assessment exam
S14 SASA - consider emergency entry

Question 11

DETAIN PUBLIC PLACE

Answer 11

S109 - apprehend and take to surgery, station or other appropriate place for DAO to examine.

Question 12

SECTION 122B

Answer 12

USE OF FORCE
if you are using the following powers in an emergency, you may use force as reasonably necessary;

• a power to take or retake a person, proposed patient or patient
• a power to detain a person, proposed patient or patient in sections 41, 109 or 110
• a power to enter premises in sections 41 or 110.

Question 13

APPLICATIONS FOR COMPULSORY ASSESSMENT

Answer 13

Someone 18+, normally the application will be made by a relative or the doctor who carries out the initial examination.

It is not necessary or appropriate for police to apply for anyone to undergo compulsory assessment.

Question 14

Mental Health Act 1992

Answer 14

Mental Health Act 1992