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26 Cards in this Set
- Front
- Back
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Mentally disordered person =
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A person (whether or not the person is suffering from a mental illness) is a mentally disordered person if the person’s behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care, treatment or control of the person is necessary:
(a) for the person’s own protection from serious harm, or (b) for the protection of others from serious harm |
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Mentally ill person =
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A person is a mentally ill person if the person is suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care, treatment or control of the person is necessary:
(a) for the person’s own protection from serious harm, (b) for the protection of others from serious harm. In considering whether a person is a mentally ill person, the continuing condition of the person, including any likely deterioration in the person’s condition and the likely effect of any such deterioration, are to be taken into account. |
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Protective Estates Order
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Once a patient is deemed a mentally ill person (for the purposes of the Mental Health Act), then a protective estates order can be requested either by a magistrate or by the tribunal.
This occurs when it is felt that by virtue of the patient’s mental illness they are no longer able to manage their own finances and pose a risk to themselves by continuing to do so. It determines that the patient’s money is to managed by the Protective Estates Office. This can occur to varying degrees. For example, for some patients the Protective Estates Office pays the rent, however all other money is managed by the patient. In other situations, the entirety of the patient’s finances are controlled by the Protective Estates Office |
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Community Counselling Order
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Very similar to a CTO, except that rather than the patient having to accept treatment in the form of medication, they must agree to see the designated counsellor at set times
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CTO
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The patient can be released in the community but must receive designated treatment as set out in the terms of the CTO by the agreed community healthy centre staff (often a case manager from a mental health team, or if unavailable a local medical officer). Treatment is usually in the form of observing tablets being taken, or a long acting depot antipsychotic (usually IMI injection given every 1-3 weeks).
If the patient refuses to abide by the terms of the CTO he or she must be given verbal warning. If they continue to abide by the terms if the CTO, then written warning is given and if this is again ignored then the patient can be detained involuntarily in hospital under the terms of the CTO. They do not have to be psychotic. No further scheduling or Form 2 is required. If the patient requires a schedule while on a CTO, then the CTO becomes invalid. Do not be afraid of scheduling a patient if required because of this. If a patient is unmanageable that a schedule is required then it probably suggests that the CTO needs to be reviewed |
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Temporary Patient Order
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Once a patient is deemed a mentally ill person (for the purposes of the Mental Health Act) then they can be involuntarily detained under the Act for up to 3 months. If additional treating time required then an extension of temporary patient order can be requested from the Mental Health Review Tribunal
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Mental Health Review Tribunal
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It is an independent body established by the NSW Mental Health Act 1990;
upholds the civil and legal rights of people with mental illness; ensures that they receive the best possible care in the least restrictive environment. The Tribunal reviews case management plans proposed by psychiatric case managers and hospital staff. It does not prescribe drugs or treatments. Each panel is chaired by a lawyer and must have one psychiatrist and one other suitably qualified person sitting on it. All Tribunal members have extensive experience in mental health |
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For the purposes of the Mental Health Act, it is the Magistrate who decides
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whether or not someone is a “mentally ill person”
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role of the magistrate
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is arbitrate between the patient (with legal representation) and the treating medical team. He must determine whether the patient’s rights were upheld in this process – such that appropriate transport documentation (Schedule 2), assessment documention (Form 1 and Form 2) were completed, and that the patient has appropriate representation, including allowing friends and family if requested to be present.
It is the magistrate’s eventual decision whether the patient is deemed a mentally ill person or not, and whether this poses a risk to themselves or to others. |
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If deemed a mentally ill person by a magistrate and at risk to self or others:
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then a plan must be arranged to institute treatment;
this can be via as an involuntary patient under a temporary patient order; or in the commmunity under a community treatment order or community counselling order. a decision at this time of whether a protected estates order is appropriate can be made. Sometimes it may be difficult to make a decision of whether a patient is a mentally ill person (for the purposes of the Mental Health Act) and the magistrate may decide to adjourn (delay) the decision until further review. The patient can continue to be detained until further (Magistrate) review up to a maximum of 2 weeks. Once a decision of whether the patient is a mentally ill person has been decided by the magistrate, any further decisions regarding the Mental Health Act have to be decided by a more specialised board known as the Mental Health Review Tribunal. |
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Mentally disordered person =
|
A person (whether or not the person is suffering from a mental illness) is a mentally disordered person if the person’s behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care, treatment or control of the person is necessary:
(a) for the person’s own protection from serious harm, or (b) for the protection of others from serious harm |
|
|
Mentally ill person =
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A person is a mentally ill person if the person is suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care, treatment or control of the person is necessary:
(a) for the person’s own protection from serious harm, (b) for the protection of others from serious harm. In considering whether a person is a mentally ill person, the continuing condition of the person, including any likely deterioration in the person’s condition and the likely effect of any such deterioration, are to be taken into account. |
|
|
Protective Estates Order
|
Once a patient is deemed a mentally ill person (for the purposes of the Mental Health Act), then a protective estates order can be requested either by a magistrate or by the tribunal.
This occurs when it is felt that by virtue of the patient’s mental illness they are no longer able to manage their own finances and pose a risk to themselves by continuing to do so. It determines that the patient’s money is to managed by the Protective Estates Office. This can occur to varying degrees. For example, for some patients the Protective Estates Office pays the rent, however all other money is managed by the patient. In other situations, the entirety of the patient’s finances are controlled by the Protective Estates Office |
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|
Community Counselling Order
|
Very similar to a CTO, except that rather than the patient having to accept treatment in the form of medication, they must agree to see the designated counsellor at set times
|
|
|
CTO
|
The patient can be released in the community but must receive designated treatment as set out in the terms of the CTO by the agreed community healthy centre staff (often a case manager from a mental health team, or if unavailable a local medical officer). Treatment is usually in the form of observing tablets being taken, or a long acting depot antipsychotic (usually IMI injection given every 1-3 weeks).
If the patient refuses to abide by the terms of the CTO he or she must be given verbal warning. If they continue to abide by the terms if the CTO, then written warning is given and if this is again ignored then the patient can be detained involuntarily in hospital under the terms of the CTO. They do not have to be psychotic. No further scheduling or Form 2 is required. If the patient requires a schedule while on a CTO, then the CTO becomes invalid. Do not be afraid of scheduling a patient if required because of this. If a patient is unmanageable that a schedule is required then it probably suggests that the CTO needs to be reviewed |
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Temporary Patient Order
|
Once a patient is deemed a mentally ill person (for the purposes of the Mental Health Act) then they can be involuntarily detained under the Act for up to 3 months. If additional treating time required then an extension of temporary patient order can be requested from the Mental Health Review Tribunal
|
|
|
Mental Health Review Tribunal
|
It is an independent body established by the NSW Mental Health Act 1990;
upholds the civil and legal rights of people with mental illness; ensures that they receive the best possible care in the least restrictive environment. The Tribunal reviews case management plans proposed by psychiatric case managers and hospital staff. It does not prescribe drugs or treatments. Each panel is chaired by a lawyer and must have one psychiatrist and one other suitably qualified person sitting on it. All Tribunal members have extensive experience in mental health |
|
|
For the purposes of the Mental Health Act, it is the Magistrate who decides
|
whether or not someone is a “mentally ill person”
|
|
|
role of the magistrate
|
is arbitrate between the patient (with legal representation) and the treating medical team. He must determine whether the patient’s rights were upheld in this process – such that appropriate transport documentation (Schedule 2), assessment documention (Form 1 and Form 2) were completed, and that the patient has appropriate representation, including allowing friends and family if requested to be present.
It is the magistrate’s eventual decision whether the patient is deemed a mentally ill person or not, and whether this poses a risk to themselves or to others. |
|
|
If deemed a mentally ill person by a magistrate and at risk to self or others:
|
then a plan must be arranged to institute treatment;
this can be via as an involuntary patient under a temporary patient order; or in the commmunity under a community treatment order or community counselling order. a decision at this time of whether a protected estates order is appropriate can be made. Sometimes it may be difficult to make a decision of whether a patient is a mentally ill person (for the purposes of the Mental Health Act) and the magistrate may decide to adjourn (delay) the decision until further review. The patient can continue to be detained until further (Magistrate) review up to a maximum of 2 weeks. Once a decision of whether the patient is a mentally ill person has been decided by the magistrate, any further decisions regarding the Mental Health Act have to be decided by a more specialised board known as the Mental Health Review Tribunal. |
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If the patient is deemed by a magistrate to NOT be a mentally ill person and/or not at risk to themselves or others:
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then they cannot be detained under the Mental Health Act;
they have to be either discharged or choose to be voluntarily admitted to hospital. |
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Legal paperwork for involuntary admission
There are two basic processes required |
Transport
Assessment. |
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If assessment for involuntary admission is to occur, then
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a statement of rights must be given to the patients, informing them of why they are being assessed. This is called a Form 1.
Assessment for involuntary admission must be performed by two doctors, the first assessment occurring within 12 hrs. One of the assessments must be completed by a psychiatrist. |
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Both assessing doctors must complete a Form 2, which summarises:
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Is the patient mentally disordered?
Is the patient mentally ill? If so, do they pose a risk of signficant harm to themselves (self, financial, reputation) or to others |
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If they pose a risk to self or others and are mentally disordered, then the patient can be detained for
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a maximum of 3 days prior to further review. This is often useful for the intoxicated patient, allowing for a significant period of time for the intoxication to resolve.
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If they pose a risk to self or others and are mentally ill, then the patient can be detained
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prior to seeing a magistrate at the earliest practical time.
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