Being detained as a mentally ill or mentally disordered person

Consequences of being detained as mentally disordered: From the time of the first medical examination after the person's arrival at the declared mental health facility, they can only be detained for three days, not including weekends and public holidays. They may be confined and given treatment against their wish. In addition the person: must be examined at least every 24 hours by a doctor; must be released if the doctor decides the person is no longer mentally disordered; may not be detained on more than 3 occasions in any one month; may be detained for 3 consecutive 3-day periods. Where the person is to be detained beyond the first 3 working day period, the scheduling and examination procedures required by the Mental Health Act must be complied with again. Consequences of being detained as mentally ill: The person must be seen by a magistrate as soon as practicable. They can be confined, and given treatment against their wish. However, medication should be prescribed at the minimum level consistent with proper care, to ensure that the person can communicate with their legal representative. Detained person's right to information: Once a person has been taken to a declared mental health facility they must be given: an oral explanation and written statement of their rights, as soon as is practicable, in a language they understand. Where the person has not been capable of understanding the first explanation, this must be repeated no later than 24 hours before the magistrate's inquiry. During this interim period the person has no right to appeal to the Mental Health Review Tribunal. They can, however, seek advice from the Mental Health Advocacy Service in regard to their detention. Release of those who do not meet criteria for involuntary admission: General discharge procedure: An involuntary patient must be discharged at any time if the medical superintendent of the declared mental health facility decides that care of a less restrictive kind is appropriate and available, or decides that the patient has ceased to be a "mentally ill" or a "mentally disordered" person. The person may be immediately readmitted as an informal (voluntary) patient where appropriate. In discharging a person who has been assessed and not found to satisfy the criteria for involuntary admission, consideration should be given to the person's welfare and their ability to return safely to the community. While this is not specified by the Mental Health Act, such practice is consistent with the declared mental health facility's duty of care. Person referred for assessment by court order: Where a person has been referred to a declared mental health facility for assessment under the Mental Health (Criminal Procedures) Act, the court order will specify whether the person is to be returned to court if they are not found to meet the criteria for involuntary admission. Where they are to be returned to the court, the declared mental health facility must: notify the police of the decision and detain the person until the police arrive; release the person into police custody. The police must take charge of the person as soon as practicable. Person detained after being apprehended by police: Where the person is not found to meet the criteria for involuntary admission the declared mental health facility must: notify the police of that decision; if the police are present release the person into police custody. If the police do not wish to proceed any further with the matter the declared mental health facility may: discharge the person into the care of a relative or friend where possible, or admit the person as an informal (voluntary) patient where appropriate, or discharge the person with consideration to their welfare.