https://www.health.vic.gov.au/mental-health-and-wellbeing-act-handbook/context-of-the-act/terms-and-definitions#forensic-patient
https://www.health.qld.gov.au/__data/assets/pdf_file/0031/444856/guide-to-mha.pdf
- Least restrictive:
- Capacity to consent to be treated: only if capable of understanding, in general terms:
- they have an illness, or symptoms of an illness, that affects the person’s mental health and
wellbeing
- the nature and purpose of the treatment for the illness
- the benefits and risks of the treatment, and alternatives to the treatment, and the consequences of not receiving the treatment.
- The person must also be capable of making a decision about the treatment and communicating the decision in some way.
- Supported decision making
- Advanced Health Care Directives
- Emergency Examination Authorities: ambulance or police officer assesses person to be at immediate risk to self and others due to mental capacity disturbance. allows them to collect person and take them for mental health assessment. can hold for 6 hrs, Drs can extend for 12hrs.
- Recommendation for Assessment: authorised mental health practitioner, made within 7 days of assessment. lasts for 7 days. Authorises an authorised doctor to assess a person to decide if treatment authority should be made. Can be detained for 24hrs, up to 72hrs if necessary.
- Treatment Authority: made if treatment criteria apply and there is no less restrictive way. authorises involuntary treatment for the mental illness, including detention in mental health service.
- Treatment criteria
- Reasons you think hey have disorder etc 4 things of TA
- Forensic Order: person found of unsound mind at the time of an alleged offence, or unfit for trial. Detained in mental health service/committed to custody/deemed to be forensic patient.
- Mental Health Review Tribunal (MHRT) function
- Classified patient (involuntary and voluntary): person who is in custody become acutely unwell and needs to be transferred to mental health service for assessment, treatment or care.
- Seclusion
- Mechanical restraint
- Authority to transport absent patient