11; S.I. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 58(2), 60, Sch. In its application by virtue of subsection (6) above section 18 above shall have effect as if—, in subsection (4) for the words from “later of” to the end there were substituted, “ end of the period of 28 days beginning with the first day of his absence without leave ”, In relation to a community patient who was not recalled to hospital under section 17E above at the time when his detention in custody began—. in the case of a community patient, the community treatment order would have ceased to be in force on or before that day. It may be ok in those circumstances to leave a person with friends or family, but if you have already removed them into an ambulance you still have to take reasonable care for their welfare. The remaining subsections of this section shall apply if a qualifying patient is detained in custody as mentioned in subsection (1)(a) above but for a period not exceeding, or for successive periods not exceeding in the aggregate, six months. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. MHS Act Section 22. ], F1S. (b) it would be beneficial to the person’s welfare to be dealt with in accordance with this Act, rather than otherwise in accordance with law. 2005/579, art. MENTAL HEALTH ACT 2007 - SECT 4 Definitions 4 Definitions (1) In this Act-- "accredited person" means a person accredited under section 136. - The state affirms the basic right of all Filipinos to mental health as well as the fundamental rights of people who require mental health services. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 11; S.I. Change ), You are commenting using your Google account. (a)in the case of a patient who is subject to guardianship, the guardianship application in respect of him; (b)in any other case, the application for admission for treatment in respect of him. long time to run. Section CHAPTER I 5 4 No. The Mental Health Act 2007 forms include prescribed forms, which is content specified in legislation, and non-prescribed forms - which has been developed by the Ministry of Health and approved by the Minister to assist with the administration of the Act. 2, para. ( Log Out /  he shall not cease and shall be deemed not to have ceased to be so liable or subject, or the order shall not cease and shall be deemed not to have ceased to be in force, until the end of that day. - This Act shall be known as the "Mental Health Act." See also s 68 Principles of Care and Treatment. For further information see the Editorial Practice Guide and Glossary under Help. Access essential accompanying documents and information for this legislation item from this tab. The Mental Health Act 2007 (NSW) s 20 says: (1) An ambulance officer who provides ambulance services in relation to a person may take the person to a declared mental health facility if the officer believes on reasonable grounds that the person appears to be mentally ill or mentally disturbed and that it would be beneficial to the person’s welfare to be dealt with in accordance with this Act. by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) 8, 36(2), Sch. 2, para. It says they can be taken there instead of, say to the nearest general hospital where they may have to wait in the emergency department to be assessed which is not in anyone’s best interests. by 1996 c. 46, ss. 11; S.I. Change ), You are commenting using your Twitter account. Act 2(i) (with art. 8, 36(2), Sch. Mental Health (Care and Treatment) (Scotland) Act 2003, Section 22 is up to date with all changes known to be in force on or before 31 October 2020. 9 (with Sch. Ambulance, Legislation and plans, Paramedics. Geographical Extent: he is so detained for a period exceeding, or for successive periods exceeding in the aggregate, six months, A patient is a qualifying patient for the purposes of this section if—. 32, 56, Sch. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. 58(2), 60, Sch. 24024 GOVERNMENT GAZETTE, 6 NOVEMBER 2002 Act No. Section 2. 2005/579, art. Having made the arrest they are not obliged to keep the person in custody and put them before the court even though they no longer believe that the person committed the offence (Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 99 and 105). If we think of the Act as being protective and beneficial then I think we get a better view of s 20. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. Equally if they form the view that the person is not mentally ill then it would be perverse to insist on transporting them to a facility where they did not need to go. There may be other relevant cases without a page. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. You can just push them out onto the street and tell them to call a cab. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 58(2), 60, Sch. 3 para. Post was not sent - check your email addresses! For further information see ‘Frequently Asked Questions’. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 8, 36(2), Sch. 200 provisions and might take some time to download. Sorry, your blog cannot share posts by email. Anything else would be perverse. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. But in those circumstance s 20 is hardly relevant. Section 3 says that: (a) to provide for the care and treatment of, and to promote the recovery of, persons who are mentally ill or mentally disordered, and, (b) to facilitate the care and treatment of those persons through community care facilities, and, (c) to facilitate the provision of hospital care for those persons on a voluntary basis where appropriate and, in a limited number of situations, on an involuntary basis, and, (d) while protecting the civil rights of those persons, to give an opportunity for those persons to have access to appropriate care and, where necessary, to provide for treatment for their own protection or the protection of others, and. 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) Change made by Mental Health Act 2007 Supervised Community Treatment replaces Supervised Discharge 3/11/08 Related cases Any cases with a hyperlink to this legislation will automatically be added here. One would have to consider all the circumstances such as if you stop transport now, what’s the person going to do? Use this menu to access essential accompanying documents and information for this legislation item. … about s20 & s22 of the Mental Health Act (NSW)… There is nothing in the Act or MOU (Police/Ambulance) that I am aware of about what to do if the situation changes or further information becomes available and the person no longer meets the criteria of the sections. Name of Patient in Full (Last Name, First Name):2. "ambulance officer" means a member of staff of the NSW Health Service who is authorised by the Secretary to exercise functions of an ambulance officer under this Act… ( Log Out /  Before they arrest someone, they must have reasonable grounds to suspect the person has committed an offence and must arrest with the intention of putting the person before the court. he is liable to be detained by virtue of an application for admission for treatment; he is subject to guardianship by virtue of a guardianship application; or, ”, in relation to a qualifying patient, means—. Section 22- AMPs are those doctors who have undertaken requisite training in the 2003 Act. 3(h)(i)(ix)), (Act applied (prosp.) (Act applied (prosp.) 3(h)(i)(ix))). Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. 11; S.I. You can be detained if professionals think your mental health puts you or others at risk, and you need to be in hospital. In most cases, you'll be told which section of the No versions before this date are available. Contents Page contents 2 Mental Health Act 2015 Effective: 28/08/20 R13 28/08/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 People not to be regarded as having mental disorder or mental illness 10 12 No. Declaration of Policy. by 1955 c. 18, s. 116B(4)(c) (as substituted (prosp.) 10); S.I. As with any medical care, treatment has to be flexible and change to take into account further relevant information. (a)he is liable to be detained by virtue of an application for admission for treatment; (b)he is subject to guardianship by virtue of a guardianship application; or, (3)“The relevant application”, in relation to a qualifying patient, means—. The Whole Act you have selected contains over 200 provisions and might take some time to download. 2000, c. … by 1968 c. 20, s. 23(4) (as substituted (prosp.) The Mental Health Act (MHA) says when you can be detained in hospital and treated against your wishes. (b)he is so detained for a period exceeding, or for successive periods exceeding in the aggregate, six months. by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) The first date in the timeline will usually be the earliest date when the provision came into force. 3, Sch.). I do not believe that you could continue to transport under these sections in this instance. Is suffering from a disorder of the mind that seriously impairs the person’s ability to react appropriately to their environment or to associate with others (as per the definition from Part 1 of the Act). (2) A police officer may apprehend a person under this section without a warrant and may exercise any powers conferred by section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility. without 11; S.I. Home Address: 5. the patient would have ceased to be liable to be detained or subject to guardianship by virtue of the relevant application on or before the day on which he is discharged from custody; or. And they may believe they are mentally ill and require treatment even if you do not. The Mental Health Act is a law that tells people with a mental health disorder what their rights are and how they can be treated. Changes that have been made appear in the content and are referenced with annotations. Version: 22.10.2018 Published under the Legislation Revision and Publication Act 2002 1 South Australia Mental Health Act 2009 An Act to make provision for the treatment, care and rehabilitation of persons with severe Mental Health Act 2009—22.10.2018 Part 1 long time to run. MENTAL HEALTH ACT 1968 “medical recommendation” means a recommendation of a medical practitioner required for the purpose of an application for admission of a patient to a hospital under Part II pursuant to section 12; “mental disorder” means mental illness 2005/579, art. You by 1957 c. 53, s. 63C(6) (as substituted (prosp.) You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Name of Psychiatric Facility: 4. Change ), You are commenting using your Facebook account. 2008/1900, art. Equally if a person is detained under the Mental Health Act 2007 (NSW) s 22 continued detention could not be justified if the officer no longer held the views required by that section. Mental Health Regulation Note: Check the Cumulative Regulation Bulletin 2013 and 2014 for any non-consolidated amendments to this regulation that may be in effect. 2005/579, art. As I’ve said I don’t think the Act actually empowers ambulance officers to detain a person who, although mentally ill, remains competent and refuses treatment. by 1996 c. 46, ss. This date is our basedate. Special provisions as to patients sentenced to imprisonment, a qualifying patient is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody); and. (b)subsections (4A) and (4B) were omitted. For more information see the EUR-Lex public statement on re-use. Some of these sections allow people to be detained so they can be assessed or treated against their will. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. If someone says, "You're being sectioned under the Mental Health Act", they mean you're detained according to a particular section of the Mental Health Act. If for example the paramedic forms the view that the person is not mentally ill but has a traumatic injury and that explains their behaviour it would be perverse if they had to continue to the mental health facility because that was their intended destination when the ambulance doors were shut. If the accused has not been released on bail, the accused will remain in custody during the examination. by 1955 c. 18, s. 116C(6) (as substituted (prosp.) 2005/579, art. The Whole Mental Health Act lists four criteria, or rules, that must be followed before a doctor can decide that the person experiencing a mental illness can be certified under the Act. There are changes that may be brought into force at a future date. Such detention would become a false imprisonment. 8, 36(2), Sch. No changes have been applied to the text. Section 22 of the Mental Health Act 2007 (NSW) says (1) A police officer who, in any place, finds a person who appears to be mentally ill or mentally disturbed may apprehend the person and take the person to a declared mental health facility if the officer believes on reasonable grounds that: the relevant application shall cease to have effect on expiry of that period. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (a)a qualifying patient is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody); and. 22 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. Change made by Mental Health Act 2007 Supervised Community Treatment replaces Supervised Discharge 3/11/08 Related cases Any cases with a hyperlink to this legislation will automatically be added here. 2, para. Turning this feature on will show extra navigation options to go to these specific points in time. 11; S.I. Section 20 allows paramedics to take a person to a mental health facility. 8, 36(2), Sch. If paramedics were treating someone for a condition and then got further information that made it more likely that the patient had another condition. If you propose to act under that section, or commencing action and then information means you no longer think that treatment is relevant then you must not only have the authority, but the obligation to change your treatment to suit what you know. Show Timeline of Changes: There are changes that may be brought into force at a future date. 9 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. Date of Birth and Place of Birth: 6. If those criteria are met, the arrest is lawful even if, having made the arrest, subsequent enquiries reveal that the person did not commit the offence and they release them from custody. 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