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Flashcards in Mental health Act Deck (18)
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1

What is a JEO

Authorises a doctor or authorised mental health practitioner to examine a person though to be suffering mental illness and decide if full psychiatric assessment is appropriate

2

Who can make a JEO

Any person can apply for a JEO, however, JEO itself is made by a Justice of the Peace

3

Criteria for making a JEO

1. Person reasonably believed to have a mental illness
2. Person should be examined by a doctor/authorised MHP to decide on full assessment (recommendation for assessment)
3. Examination cannot be properly made unless order carried out

4

How long is JEO in force

Maximum of 7 days

5

Powers of doctor with JEO

1. Examine without their consent
2. Can enter a place stated in JEO where practitioner believes person will be
3. Exercise these powers with the help that is reasonable in the circumstances
4. At reasonable time day or night

6

Powers of police

1. Detain at place for examination
2. Enter and search a place
3. Enter place to prevent an offence, injury or domestic violence

7

What is an EEO

temporary detention and examination of a person who is experiencing urgent mental health problems->determine if need involuntary assessment
For emergency situations

8

Who can make an EEO

1. Police officer
2. Ambulance
3. Psychiatrist

9

Criteria for EEO

1. Has mental illness
2. Because of this->imminent risk of physical harm by person or someone else
3. Proceeding under JEO would cause delay, +risk of harm to person or someone else
4. Taken to authorised MHS for examination to determine R&R

10

How long can person be detained with EEO

For 6 hours->examination time.

11

What is involuntary assessment

Assessment of person by doctor/MHS to determine if should have treatment

12

How is involuntary assessment initiated

1. Request for assessment
a. reasonably believes the person has a mental illness and that involuntary assessment is necessary; and
b. has observed the person within 3 days before making the request: s 17, MHA; and
c. is not an employee or relative of the person who makes the recommendation for assessment: s 24, MHA; and
d. is a different person to the person who makes the request for assessment: s 23, MHA.
2. Recommendation for assessment
a. doctor or authorised mental health practitioner
b. has examined the person (including by audiovisual link) within the preceding 3 days:
c. is satisfied that the assessment criteria apply to the person
d. is not a relative of the person
e. is a different person to the person who makes the request for assessment

13

What are the assessment criteria

The assessment criteria for a person are all of the following, based on available information-

(a) the person appears to have a mental illness;
(b) the person requires immediate assessment;
(c) the assessment can properly be made at an authorised mental health service;
(d) there is a risk that the person may-
(i) cause harm to himself or herself or someone else; or
(ii) suffer serious mental or physical deterioration; and
(e) there is no less restrictive way of ensuring the person is assessed;
(f) for involuntary assessments - the person lacks capacity to consent to being assessed or has unreasonably refused to be assessed: s 13(1) and (2), MHA.

14

How long are assessment documents in force

1. Made within 7 days of each-other
2. Request for assessment only valid while recommendation in place
3. Recommendation in force for 7 days after made

15

How long can a person be detained under involuntary treatment

Assessment period of 24 hours->can be extended to 72 hours
Once assessment period starts= involuntary patient

16

What is involuntary treatment order

Treatment without consent
Only made by authorised doctor
Cannot be the same person who made the recommendation

17

Criteria for ITO

(a) the person appears to have a mental illness;
(b) the person requires immediate assessment;
(c) the assessment can properly be made at an authorised mental health service;
(d) there is a risk that the person may-
(i) cause harm to himself or herself or someone else; or
(ii) suffer serious mental or physical deterioration; and
(e) there is no less restrictive way of ensuring the person is assessed;
(f) for involuntary assessments - the person lacks capacity to consent to being assessed or has unreasonably refused to be assessed: s 13(1) and (2), MHA.

18

How long does an ITO last

In force until revoked by authorised doctor or upon review by mental health tribunal/appeal of decision