Example of victorian health act 1986 exam questions essay

Exam Questions

An Approved Mental Health Service
An Approved Mental Health Service was defined as a premises or service that is proclaimed to be an approved mental health service under section 94 of the act by the governor of the council, by a proclamation published in the Government gazette; this includes the Victorian Institute of Forensic Mental Health.
(Section 94A) an emergency declaration can also be made by the Secretary, through a notice published by the Government Gazette that a certain premises, including a place or a building, where treatment is being provided to patients, or any channel through which treatment is being provided to patients. Any of these are taken as approved mental health services.

A community treatment order

This is defined in Section 14 as an order that requires an individual to get treatment from their mental illness while the person is not detained in an approved mental health service. Community treatment order specifies the duration of the order, the duration of which must not be longer than 11 calendar months. The order must also state categorically the abode of the individual if this information would facilitate the treatment of the individual’s mental illness.

Question 2

The process begins with the statement of the criteria for involuntary treatment in Section 8 which states that the individual is mentally ill and needs immediate treatment. Involuntary treatment is needed for the safety of the individual (Section 8, Subsection 1b), and the person has refused to consent, or is unable to consent to the necessary treatment (Section 8, Subsection 1c). A request and recommendation is then made by a registered medical practitioner (Section 9, Subsection 1). The request is made in the Request form containing the particulars. The recommendation form is also filled by the medical practitioner after the person might have been examined (Section 9, Subsection 1b).

Question 3.

According to section 12AC, [which deals with Examination by an Authorized Psychiatrist], a patient must receive a psychiatrist’s review if an involuntary treatment order is made within 24 hours of the application.

Question 4

Section 14A is on the Monitoring of persons on Community Treatment Orders. The order did not specify a time frame during which the review must be made. The section only specified that the review of the order must be made by the supervising medical practitioner on a regular basis. Section 14B states that there is no limit to the number of times a Community treatment Order can be extended

Question 5

A Special warrant, According to Section 11, Subsections 1 and 2 is a formal directive given to a member of the police force, accompanied by a registered medical practitioner to visit a person who is incapable of taking care for themselves. The warrant permits the member of the police force to enter the premises and use such force which is reasonably necessary to enable the medical practitioner to examine the person who is unable to care for themselves. (Section 11, Subsection 3, 4a and 4b).

Question 6

According to Section 106A,
a reportable death is the death of any individual who is receiving care or treatment for a mental disorder. The duty of the registered nurse is to report the death of these individuals officially to the Chief Psychiatrist. Although no direct reference is made to a registered nurse, the definition of an authorized person, as referred to in this section, has already been made in section 7 which defines an authorized person as either a registered medical practitioner, a registered nurse, or a member of a class of health service providers prescribed as a class of authorized persons.

References

Victorian Mental Health Act (1986). Mental Health Act 1986. Reprint No. 7. Act NO. 59/1986.

Victorian Consolidated Legislation (1986). Mental Health act 1986.