|
Program Management Circulars Index <
Apprehension of mentally ill persons by a member of the police force
under the Mental Health Act 1986 - December 2003
[Download this page (PDF File 429KB)]
To provide information about recent amendments to section 10 of the Mental
Health Act 1986 made by the Health Legislation (Amendment) Act
2003
The police now have two options upon apprehending a person who appears
to be mentally ill in accordance with section 10 of the Mental Health
Act 1986. The new option allows the police to arrange for an assessment
of the person by a mental health practitioner. Upon making such an assessment,
the mental health practitioner may decide to take one of three possible
courses of action.
Background
Under section 10(1) of the Mental Health Act 1986, a member of
the police force may apprehend a person who appears to be mentally ill
if the member of the police force has reasonable grounds for believing
that
- the person has recently attempted suicide or attempted to cause serious
bodily harm to herself or himself or to some other person; or
- the person is likely by act or neglect to attempt suicide or to cause
serious bodily harm to herself or himself or to some other person.
The Mental Health Act 1986 specifies that in order to apprehend
a person under section 10 of the Act, a member of the police force must
form a belief that the person appears to be mentally ill and have
reasonable grounds for believing that the person has harmed him/herself
or others, or that there is a serious risk that the person is likely to
do so in the future. The member of the police force is not required to
exercise any clinical judgement as to whether a person is mentally ill,
but need only to make a lay judgement that the person 'appears to be mentally
ill' to the member of the police, based on the behaviour and appearance
of the person.
Before the recent amendment, section 10(4) stated that a member of the
police force must, as soon as practicable after apprehending a person,
arrange for an examination of the person by a 'registered medical practitioner'.
The purpose of the examination is for the registered medical practitioner
to decide if the person meets the criteria under section 8 of the Act
and should be recommended for involuntary treatment under the Act.
Amendments made by the Health Legislation
(Amendment) Act 2003
The Health Legislation (Amendment) Act 2003 amended section 10
so that the police now have two options:
- arrange for an examination of the person by a 'registered medical
practitioner'; or
- arrange for an assessment of the person by a 'mental health practitioner'.
The amendment means that the police now have the option to take the person
to a mental health practitioner for an assessment.
The changes came into effect on 15 October 2003.
Who is a mental health practitioner?
The definition of a mental health practitioner is found in section
9(8) of the Mental Health Act 1986 and the Mental Health Regulations
1998. Mental health practitioners are:
- registered nurses (Division 1 or Division 3 under the Nurses
Act 1993);
- psychologists registered under the Psychologists Registration
Act 2000;
- social workers; and
- occupational therapists,
who are employed by an approved mental health service and engaged in
the provision of acute psychiatric assessment and treatment functions
in the community.
In practice, mental health practitioners are usually members of community-based
mental health services such as crisis assessment and treatment services
(CAT) or integrated mental health services that have CAT/triage functions.
Mental health practitioners are experienced in the provision of emergency
mental health services and are familiar with the statutory criteria
for determining whether a person should be admitted for treatment as
an involuntary patient.
What must the mental health practitioner
do?
The mental health practitioner must personally examine the person
for the purposes of the assessment. It is not appropriate to make an
assessment over the telephone. Specific arrangements will need to be
negotiated with the member of the police who has apprehended the person.
This should include where the assessment is to be undertaken, staff
involvement, the anticipated time of attendance and any other necessary
information.
It is important to note that although mental health practitioners will
always give top priority to urgent referrals from the police, they are
not an emergency service and can only provide assistance as soon as
practicable.
What decisions can a mental health practitioner
make under section 10?
The mental health practitioner must have regard to the criteria in
section 8(1) in making a decision under section 10. Following an assessment
of an apprehended person, a mental health practitioner may:
- advise the member of the police force to take the person as soon
as practicable to a registered medical practitioner for an examination
under section 9 of the Act; or
- complete an authority to transport in accordance with section 9(7A)
of the Act and arrange for the person to be transported to an approved
mental health service for an examination by a registered medical practitioner
under section 9 of the Act; or
- advise the member of the police force that the person does not meet
the criteria under section 8 of the Act and to release the person
from apprehension under section 10. In these circumstances, the member
of the police force must release the person unless the member
decides to take the person to be examined by a registered medical
practitioner for the purposes of section 9 of the Act. However, section
10 does not limit any other powers that the police may have in relation
to an apprehended person. For example, the member of the police force
may decide to charge the person with offences related to the events
which lead to the person being apprehended under section 10.
The amendment makes better use of the expertise of mental health practitioners
by allowing them to make an assessment as to whether a person apprehended
by the police should be released, or whether a registered medical practitioner
should examine the person. In some cases this will enable a person apprehended
by the police under section 10 to be released more quickly, which promotes
better use of police resources.
What should happen if the mental
health practitioner advises the police that the apprehended person does
not meet the criteria for involuntary detention?
If the mental health practitioner advises the member of the police
force that the criteria under section 8(1) of the Act do not apply to
the person and the member decides to release the person from apprehension
under section 10, the mental health practitioner must make reasonable
efforts to refer the person to agencies that can provide the person
with appropriate treatment, care, support and services. This may include
referral to other specialist services, such as a drug and alcohol counselling
service, if the assessment indicated that would be more appropriate.
The mental health practitioner should also consider whether the person
needs counselling and support in relation to their apprehension and
the events leading up to their apprehension.
Further Information
- Further information can be obtained from the Office of the Chief Psychiatrist.
- The revised Protocol Between Victoria Police and the Department
of Human Services Mental Health Branch, 1995, will establish clear
guidelines for police and mental health services' staff on handling
situations where either agency has requested assistance from the other.
About Program Management Circulars The information provided in
this circular is intended as general information and not as legal advice.
If mental health staff have queries about individual cases or their obligations
under the Mental Health Act 1986, service providers should obtain independent
legal advice.
|
