Monday, July 20, 2009

Who is a mentally disordered person under the Act?

This category is most commonly used where a person is actively suicidal or out of control following a personal crisis. It can also be useful where a person is suffering from a condition such as dementia. It may provide caregivers with the breathing space in which to sort out other more appropriate care. A mentally disordered person is someone whose behaviour is so irrational that there are reasonable grounds for deciding that the temporary care, treatment or control of the person is necessary to protect them or others from serious physical harm. The terms "irrational behaviour" and "serious physical harm" have no special legal meaning and are to be understood in their everyday usage. For someone to be a mentally disordered person for the purposes of the NSW Mental Health Act 2007, a number of criteria need to be considered: is the behaviour so irrational that temporary care, treatment or control is necessary, and; is there a risk of serious physical harm to the person or others, and; what is the least restrictive environment in which appropriate care, control and treatment can be effectively provided? This use of the "mentally disordered person" category is not intended to include those who are simply drunk and disorderly, or who have engaged in some other form of antisocial behaviour. Evidence of mental disorder is required before this provision can be used. Exclusion criteria: These have been included to prevent the potentially broad compulsory detention powers in the Act being used to control behaviour that is not related to mental illness. A person is not to be defined as "mentally ill" or "mentally disordered" merely because of any one or more of the following: a particular political opinion or belief or activity; a particular religious opinion or belief or activity; a particular philosophy; a particular sexual preference or orientation; engaging in immoral or illegal conduct or antisocial behaviour; engaging in sexual promiscuity; taking drugs or alcohol; having a developmental disability. The NSW Mental Health Act 2007 specifies a different set of procedures and consequences for each category of "mentally ill" and "mentally disordered". A determination of what action should be taken, and what category can be applied, can be made by any medically qualified doctor, or by any person accredited by the Minister and the Director-General of NSW Health who is designated as an "Accredited Person". An Accredited Person is a suitably qualified, trained and experienced mental health practitioner who is specifically empowered to write Schedule 2 certificates. In the Bowral Mental Health Service there are five Accredited Persons who are able to assist patients, their carers and families, and other healthcare providers by ensuring a speedy and appropriate outcome following an assessment that takes in the inclusion and exclusion criteria as described above and in the previous post.

No comments:

Post a Comment