Legislations Flashcards
(14 cards)
1
Q
Crimes Act 1961
A
Section 48: Self-defense of another
- you are entitled to use reasonable force to protect yourself or another
- you are also permitted to use reasonable force to protect your property, but the law is less clear
- there is a clear distinction between defending yourself or another person and defending property
- reasonable force is the key
- if we use force, we are responsible for any excess
2
Q
MH sections
A
Section 1-13 (specifically 5, 8, 13)
section 29
3
Q
Reasons a person cannot use MHA
A
- that person’s political, religious, or cultural belief
- that person’s sexual preferences
- that person’s criminal or delinquent behaviour
- substance abuse
- intellectual disability
4
Q
MHA Section 8 (Application for assessment)
A
Applicant – 18 or over, application must be in writing and state why they believe the person to be disordered, the nature of the relationship and that they had seen the proposed patient within last 3 days.
Must be accompanied by a medical certificate by registered medical practitioner who is not related to patient or applicant that must state they have seen the proposed patient within the last 3 days and that there are reasonable
grounds for believing the person to be mentally disordered.
(NB the medical practitioner may also be the applicant).
5
Q
MHA Section 9 (Assessment examination)
A
- DAMHS [Director of Area Mental Health Services] or DAO [duly authorised officer] nominates a psychiatrist or qualified medical practitioner to carry out the examination
- determines the time and place it will be conducted
- transports or escorts the person to examination if needed
- provides written notice to the person of these details, explains to person in presence of family or care giver purposes of the examination.
6
Q
MHA Section 10 (Certificate of Preliminary Assessment)
A
- Examining doctor completes a certificate of assessment examination.
- It must state the definition of mental disorder was considered in determining the person’s condition, that they are not mentally disordered or that there are
reasonable grounds for believing they are mentally disordered and need further assessment and treatment. - Copies of the documents must be sent to the DAMHS, patient, guardian, applicant, usual doctor.
- If the assessment examination has determined that there are no reasonable
grounds to consider that the person is mentally disordered, then the person is free from further assessment and treatment under the Act.
7
Q
MHA Section 11
A
- First Period of Assessment and Treatment
- Period of 5 days beginning on the date that the patient receives written notice of the need to undergo further assessment and treatment.
- The patient (or someone acting on their behalf) can make application for review of their condition by a judge.
- A responsible clinician is appointed.
- Assessment can either be in a specified hospital or a community setting.
8
Q
MHA Section 12
A
- Certificate of Further Assessment
- Before the expiry of the first 5 days the responsible clinician must complete a certificate of further assessment determining whether there are reasonable
grounds for believing the patient to be mentally disordered. - Legal consequences and right to apply for a judicial review must be explained to the patient at this time.
- The District Inspector discusses the situation with the patient and decides if a review should be considered.
- If no grounds are found then the patients is free from further assessment and treatment under the Act.
9
Q
MHA Section 13
A
- Second Period of Assessment and Treatment
- This second period is for 14 days beginning on the date the patient receives written notification of the need to undergo further assessment and treatment.
10
Q
MHA Section 14
A
- Certificate of Final Assessment
- Before the end of the second period (Section 13), the responsible clinician decides whether the patient is fit to be released from compulsory status and records this.
- If the patient is not fit to be released the responsible clinician must then apply to the court for a compulsory treatment order.
- The patient and other relevant persons must be notified of the legal consequences and avenues for review.
11
Q
MHA Section 15
A
- Status of patient pending determination of application for compulsory treatment order.
- Once the application has been made for a compulsory treatment order the patient remains subject to assessment and treatment for a further 14 days or until the application is heard (whichever comes first).
- This period may be extended by a Judge for a further month.
12
Q
MHA Section 29 (Community Treatment Order)
A
- Requires a patient to attend at a specified place for treatment.
- Access to the patient’s home or specified place is available to those authorised to care for the patient, at all reasonable times.
- If the patient cannot be treated adequately in the community as assessed by the responsible clinician then the patient can be reassessed under sections 8 – 11
13
Q
Section 30 - Inpatient Treatment Order
A
- Requires the patient to be detained in a specified hospital and to accept treatment.
- The responsible clinician can decide to change this treatment order to a Community Treatment Order [section 29] if they believe that the patient can continue to be treated adequately as an outpatient.
14
Q
Section 111 Registered Nurse
A
- This section allows a Registered Nurse to detain a patient who has been admitted to hospital to be assessed by a medical practitioner if they believe a patient to be mentally disordered.
- The person shall be detained for not more than 6 hours.
