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Lecture 11: Legislation - Coggle Diagram

- - - - emphasis on personal recovery, obtaining consent, active involvement of the person’s family and carers
      - Requirement to consider information from a
        range of people
      - strengthened focus on voluntary care and
        treatment including a Statement of Rights
  - - - Procedure once detained
        
        Examined within 12 hours of admission
        
        Mental Health Inquiring by Tribunal ASAP after 2nd examination
        
        Can recommend involuntary admission for up to 3 months, or Community Treatment Order for up to 12 months
        
        If consumer is still considerably mentally ill after CTO period, can be reviewed by Tribunal and make further orders for 3, 12 months respectively
      - Defined as
        
        Mental Illness
        
        Condition that seriously impairs temp or perm mental functioning with presence of one or more
        
        Delusions
        
        Hallucinations
        
        Sustained/repeated irrational behaviour (indicating delusions or hallucinations)
        
        Serious disorder of thought form
        
        Serious disturbance of mood (mania, depression)
        
        A) Has Mental illness and risk of harm to self or others
        
        B) Has a continuing condition including any likely deterioration
        
        C) No other care of a less restrictive kind is available
        
        Harm
        
        Physical, emotional, financial, reputation, relationships
        
        Stalking, predatory intent, violence and aggression (sexual assault, child abuse
        
        Neglect of self, others (inc. children)
    - - Procedure once detained
        
        Examined within 12 hours of admission
        
        Mental Health Inquiring by Tribunal ASAP after 2nd examination
        
        Can be detained for up to 3 days
        
        Must be examined every 24 hours by an authorised person
        
        Must be discharged if no longer mentally disordered
      - Defined as
        
        Displaying irrational behaviour AND
        
        Sig risk of harm to others
        
        No other care of a less restrictive kind is available
        
        Excludes: past or current sexual promiscuity, illegal behaviour, developmental disability, taken alchohol/drugs, antisocial behaviour
    - - Admission at request of carer, relative, friend
        
        Occurs only in remote areas
        
        Only by written request to the medical superintendent of the hospital
      - Admission by Court after appearing before a magistrate
      - Admission by Police or Ambulance
        
        Forensic patients at risk of harming self or others, criminal investigations
      - Admission following an order by a magistrate for a medical exam (Medical Examiner fills out relevant schedule)
      - Scheduled by Medical Practitioner (Schedule 1)
        
        Mentally ill (5 days), mentally disordered (1 day)
        
        In rural areas, mental health practitioners can be accredited instead of medical practitioners
    - - A legal order made by the Mental Health Review Tribunal, a magistrate or qualified person in hospital/community based service
      - VALID for 12 months
      - Medication, therapy, rehab that a patient must accept
      - Generally ordered when
        
        currently mentally ill
        
        not currently, but likely to become within 3 months (bipolar)
        
        CTO is judged to be least restrictive alternative for treatment
    - - Must be medicated at the minimum practicable level until seen by the Tribunal
      - Must appear before the Tribunal in street clothes; can shave or have makeup.
      - Must be legally represented before the Tribunal unless the consumer requests otherwise
- - - - Refered to appropriate board
        
        For psychology: PBA
- - - - Be transparent and clearly express how you will manage information in a up to date APP privacy policy
  - - - Give individuals the option to not identify themselves or use another name
  - - - Identifies when you can collect personal information, higher standards apply to sensitive information
  - - - Circumstances where the person who collects the personal information must notify an individual of certain matters
  - - - Circumstances in which use or disclosure of personal information can happen (eg life is threatened, does not have to be immediate)
  - - - Critical, must take reasonable steps to ensure it is accurate up to date and complete
  - - - Reasonable steps to protect from misuse, interference and loss, unauthorised access, modification, disclosure
      - Obligations to destroy or de-idetnify in certain scenarios
  - - - Obligations to give access when individual requests
      - Provide access unless a specific exemption applies
  - - - take reasoable steps to ensure it is accurate, up to date, complete and not misleading
      - Client can request correction