Mental Health Act Flashcards
(21 cards)
Section 38 of the mental health act allows anyone to refer someone to a DAO if they think that they are mentally disordered.
What must the DAO do?
- Investigate the murder to determine if the subject is suffering from a mental disorder.
- Decide how urgently the person needs assessment.
If a DAO determines that someone requires assessment without urgency, what are the steps that they take?
- Application for assessment - 8A
(anyone may make the application) - Certificate that supports an application for assessment - 8B(4)(b)
(mental health practitioner) - Then they arrange for an assessment examination under section 9.
(DAO)
What if they determined that the person needs examining urgently?
- They try and get the doctor to come to the patient.
They do so to carry out the steps outlined previously:
issue a certificate, apply for assessment and then arrange for assessment.
- If the doctor can’t come to the patient, then they will call the police to assist in getting the patient to the doctor.
If someone has a concern for a person that is subject to assessment, a community treatment order or is an inpatient on leave,
What section of the mental health act applies?
Section 39 of the mental health act.
If someone has concerns for a person already on a community treatment order is referred to the DAO under section 39.
What should DAOs do?
Investigate the matter
Informed the doctor
Give them advice on the matter
If a patient fails to comply with an assessment order, a hearing order, or fails to go back to hospital, what section of the mental health act applies in returning them?
Section 40
What does section 40 of the mental health act allow DAOs to do?
Re breach of outpatient order
Return a patient to hospital if they are in breach of an inpatient or outpatient order or require further help…
Call Police to help
Where are the police powers to assist DAO’s come from?
Section 41 of the mental health act
What is the maximum amount of time please can detain someone under the mental health act for the purpose of assessment?
Six hours
If Police enter a premises
At the request of DAOs
to detain anyone for assessment (s41)
what else is required to make entry?
Two warrants:
One warrant must have been obtained by mental health to take the patient for assessment
A second warrant must be obtained to enter the premises…… this warrant is prepared by mental health, but must be signed and obtained by the officer.
What is section 109 of the mental health act?
Section 109 relates to people found in a public place
Behaving mentally disordered manner
And provides police the power to take them to a police station hospital or other place for an examination
How long can they be detained for said examination?
Six hours until a certificate supporting assessment is issued
And then another six hours pending the assessment itself
If urgency is required, can Police enter a home for the purpose of an assessment?
Yes
When called on to assist a medical health practitioner…
Under section 110 of the mental health act, police can enter a premises detain a person for assessment.
If force is used who has to be notified?
The director of the area mental health services
Under the mental health response change program
What is the new threshold to attending mental health events?
If there is an immediate risk of life or safety
If a criminal offense has taken place that Police would normally attend
To avoid tension between organizations, what kind of behavioral descriptors should we look for someone that is mentally unwell?
Eminent risk of home
Delusions
Hallucinations
Disordered thought
Disorientation or perception
Impulsivity or recklessness
Extreme emotion
Perception of being a burden or hopelessness
Should a patient be handcuffed?
Only if a risk assessment deems that absolutely necessary.
Should Police respond to request for assistance by a DAO if they are not at the scene?
No
Police can only enter a house for the purpose of an non-urgent assessment if they have what?
The two warrants
What are the key sections of the mental health act for this exam?
38
39
40
41
109
110
122
38 - anyone can be referred for assessment and DAO have to do it
39- outlines concerns for outpatient or people on community treatment orders, DAO’s must consider it
40-gives DAO power to return outpatient to hospital
41-outlines Police powers to assist DAO’s. No urgency – needs to warrants. Six hour time limit.
109-disordered in a public place
110-emergency powers to enter an address to detain someone for assessment for DAOs. Urgency required.
122 use of force
