After the person gets to the declared mental health facility - examination requirements

The different processes set out in the previous post deal with getting a person lawfully to a declared mental health facility. Once they have arrived, however, the Mental Health Act requires 2 (and in some cases 3) further examinations and assessments, for the person to continue to be detained. The results of these examinations must be written up on the appropriate forms, by the examining doctors. This procedure has been established to ensure that people are not being detained unnecessarily. However, the complexity of the process means that it may contribute to the patient's confusion and distress. Admission protocols should, therefore, aim to minimise these adverse consequences, while complying with the Mental Health Act. First examination: The first examination must: be conducted by a qualified doctor as soon as practicable (within 12 hours). Where this doctor finds the person: neither "mentally ill" nor "mentally disordered" they must be released; either "mentally ill" or "mentally disordered" they must be seen by a second doctor. Second examination: The second examination must: occur as soon as practicable; be done by a psychiatrist (unless the doctor conducting the first examination was a psychiatrist). Where at least one of these doctors finds that the person is "mentally ill": the person must be seen by a visiting magistrate. Where both doctors agree that the person is "mentally disordered": the person can be detained for 3 days. Where the second doctor finds the person not "mentally ill" or "mentally disordered": a third examination of the affected person must occur. Third examination: The third examination must: occur as soon as practicable; be conducted by a psychiatrist. The decision made by the third doctor determines whether the person is released or detained as a "mentally disordered" or as a "mentally ill" person. As the Bowral Mental Health Service is a community based service the outcomes of the examinations described above as taking place at a declared mental health inpatient facility are outside its jurisdiction. The role of the Bowral Mental Health Service is to undertake the initial assessment of the person in the community, and to make the decision as to whether the person is mentally ill or mentally disordered, thereby requiring to be detained under the NSW Mental Health Act 2007.