Part 9Powers relating to persons who have or appear to have mental illness

Part 9—Powers relating to persons who have or appear to have mental illness 54A—Issuing of patient assistance requests (1) If a community treatment order applies to a patient and the patient has not complied with the requirements of the order, a medical practitioner or mental health clinician may issue a patient assistance request for the purpose of treating the patient in accordance with the order at the place where the person is located. (2) A patient assistance request must be— (a) directed to authorised officers and police officers generally; and (b) in writing in the form approved by the Chief Psychiatrist. (3) A person in respect of whom a patient assistance request has been issued who is treated under the care and control of an authorised officer or police officer under this Part must, as soon as practicable, be given a copy of— (a) the patient assistance request; and 55—Issuing of patient transport requests (1) A patient transport request may be issued in respect of a patient as follows: (a) if a community treatment order applies to the patient and the patient has not complied with the requirements of the order, a medical practitioner or mental health clinician may issue the request for the purpose of the patient's transport for treatment in accordance with the order; (b) if a medical practitioner or authorised mental health professional has made a level 1 inpatient treatment order in respect of the patient at a place other than a treatment centre, the medical practitioner or authorised mental health professional may issue the request for the purpose of the patient's transport to a treatment centre; (c) if the patient is absent without leave, the director of a treatment centre, a medical practitioner or mental health clinician may issue the request for the purpose of the patient's transport to a treatment centre; (d) if an inpatient treatment order applies to the patient and the director of a treatment centre has given a direction for the transfer of the patient under Part 5 Division 5 to another treatment centre or hospital, the director may issue the request for the purpose of the patient's transport to the other treatment centre or hospital. (2) A patient transport request must be— (a) directed to authorised officers and police officers generally; and (b) in writing in the form approved by the Chief Psychiatrist. (3) A person in respect of whom a patient transport request has been issued who is taken into the care and control of an authorised officer or police officer under this Part must, as soon as practicable, be given a copy of— (a) the patient transport request; and 56—Powers of authorised officers relating to persons who have or appear to have mental illness (1) This section applies to a person if— (a) an authorised officer believes on reasonable grounds that the person is a patient in respect of whom— (i) a patient assistance request has been issued under section 54A(1); or (ii) a patient transport request has been issued under section 55(1); or (b) an authorised officer believes on reasonable grounds that the person is a patient who is absent without leave; or (c) it appears to an authorised officer that— (i) the person has a mental illness; and (ii) the person has caused, or there is a significant risk of the person causing, harm to himself or herself or others or property or the person otherwise requires medical examination. (2) An authorised officer may form an opinion about a person under subsection (1)(c) based on the officer's observations of the person's behaviour or appearance or reports about the person's behaviour, appearance or history (which may include reports about matters occurring outside the State). (3) An authorised officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies: (a) the authorised officer may take the person into his or her care and control; (b) the authorised officer may transport the person from place to place; (c) the authorised officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances; (d) the authorised officer may restrain the person by means of the administration of a drug when that is reasonably required in the circumstances; (e) the authorised officer may enter and remain in a place where the authorised officer reasonably suspects the person may be found; (f) the authorised officer may search the person's clothing or possessions and take possession of anything in the person's possession that the person may use to cause harm to himself or herself or others or property. (4) An authorised officer who takes the person into his or her care and control must, as soon as practicable— (aa) in the case of a person referred to in subsection (1)(a)(i)—provide such assistance as reasonably required for the purpose of enabling or facilitating the treatment of the person at the place where the person is located; or (a) in the case of a person referred to in subsection (1)(a)(ii)—transport the person, or arrange for the person to be transported by some other authorised officer or by a police officer, in accordance with the patient transport request; or (b) in the case of a person referred to in subsection (1)(b)—transport the person, or arrange for the person to be transported by some other authorised officer or by a police officer, to a treatment centre; or (c) in the case of a person referred to in subsection (1)(c)— (i) transport the person, or arrange for the person to be transported by some other authorised officer or by a police officer, to a treatment centre or other place for medical examination; and (ii) give the person a copy of a written statement in the form approved by the Chief Psychiatrist (a statement of rights)— (A) informing the patient of his or her legal rights; and (B) containing any other information prescribed by the regulations. (5) The powers conferred by this section continue to be exercisable as reasonably required for the purpose of enabling or facilitating the medical examination or treatment of the person. (6) An authorised officer may not administer a drug to restrain a person under this section unless the officer is authorised to do so under the Controlled Substances Act 1984. (7) A search of a person must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the person any humiliation or offence. (8) Anything taken into the possession of an authorised officer under this section may be held for as long as is necessary for reasons of safety, but must otherwise be returned to the person from whom it was taken or dealt with according to law. 57—Powers of police officers relating to persons who have or appear to have mental illness (1) This section applies to a person if— (a) a police officer believes on reasonable grounds that the person is a patient in respect of whom— (i) a patient assistance request has been issued under section 54A(1); or (ii) a patient transport request has been issued under section 55(1); or (b) a police officer believes on reasonable grounds that the person is a patient who is absent without leave; or (c) it appears to a police officer that— (i) the person has a mental illness; and (ii) the person has caused, or there is a significant risk of the person causing, harm to himself or herself or others or property; and (iii) the person requires medical examination. (2) This section does not apply to a patient in respect of whom a patient transport request has been issued by the director of a treatment centre under section 55(1)(d) unless the person has subsequently become a patient who is absent without leave. (3) A police officer is not required to exercise any medical expertise in order to form an opinion about a person under subsection (1)(c) and may form such an opinion based on the officer's observations of the person's behaviour or appearance or reports about the person's behaviour, appearance or history (which may include reports about matters occurring outside the State). (4) A police officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies: (a) the police officer may take the person into his or her care and control; (b) the police officer may transport the person from place to place; (c) the police officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances; (d) the police officer may enter and remain in a place where the officer reasonably suspects the person may be found; (e) the police officer may use reasonable force to break into a place when that is reasonably required in order to take the person into his or her care and control; (f) the police officer may search the person's clothing or possessions and take possession of anything in the person's possession that the person may use to cause harm to himself or herself or others or property. (5) A police officer who takes the person into his or her care and control must, as soon as practicable— (aa) in the case of a person referred to in subsection (1)(a)(i)—provide such assistance as reasonably required for the purpose of enabling or facilitating the treatment of the person at the place where the person is located; or (a) in the case of a person referred to in subsection (1)(a)(ii)—transport the person, or arrange for the person to be transported by some other police officer or by an authorised officer, in accordance with the patient transport request; or (b) in the case of a person referred to in subsection (1)(b)—transport the person, or arrange for the person to be transported by some other police officer or by an authorised officer, to a treatment centre; or (c) in the case of a person referred to in subsection (1)(c)—transport the person, or arrange for the person to be transported by some other police officer or by an authorised officer, to a treatment centre or other place for medical examination. (6) The powers conferred by this section continue to be exercisable as reasonably required for the purpose of enabling or facilitating the medical examination or treatment of the person. (7) A search of a person must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the person any humiliation or offence. (8) Anything taken into the possession of a police officer under this section may be held for as long as is necessary for reasons of safety, but must otherwise be returned to the person from whom it was taken or dealt with according to law. (9) If a police officer has arrested a person for an offence or apprehended a person under some other law, the person may, despite any other law, be released from police custody for the purpose of medical examination or treatment under this Act. (10) If a person who has been arrested for an offence is released from police custody for the purpose of medical examination or treatment under this Act— (a) the Commissioner of Police must be notified in accordance with the regulations of the action taken under this Act in relation to the person; and (b) the person must, at the request of the Commissioner of Police, be held and returned to police custody in the event that an inpatient treatment order is not made in respect of the person or ceases to apply to the person. 58—Officers may assist each other Authorised officers and police officers may assist each other in the exercise of powers under this Act. 58A—Officers to keep records about exercise of powers under Act (1) Authorised officers must keep records relating to the exercise of powers under this Act in a manner and form approved by the Chief Psychiatrist. (2) Police officers must keep such records relating to the exercise of powers under this Act as may be required by the Commissioner of Police. 59—Roles of various officers (1) The Minister may approve a memorandum of understanding between relevant agencies relating to the respective roles of authorised officers (including different classes of authorised officers) and police officers in— (a) the exercise of powers relating to persons who have or appear to have mental illness; and (b) the provision of other assistance to enable or facilitate the medical examination or treatment of such persons. (2) The Minister may only approve a memorandum of understanding with the agreement of the Minister responsible for the administration of the Police Act 1998. (3) Authorised officers, police officers and other persons engaged in the administration of this Act should endeavour to comply with the provisions of a memorandum of understanding approved under this section. (4) Nothing in this section is to affect the lawfulness of any action taken by an authorised officer or police officer in the exercise of powers under this Act. 60—Offence to hinder etc officer A person who hinders or obstructs an authorised officer or police officer in the exercise of powers under this Act is guilty of an offence.