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The Mental Health Act

Scott Said:

how do you work in partnership with a service user while implementing the mental health act?

We Answered:

simple, you do your initial social work assessment in consultation with- and after a visit to see the service user, then you keep them informed in- and ask their opinion regularly in subsequent reviews, allowing the service user to give input into these decisions and allowing them sometimes to choose among the options for the way forward.

Floyd Said:

Can I find out if someone has been sectioned under the Mental Health Act?

We Answered:

Of course not. This is protected for the person's privacy. Most people do not get the kind of mental health care that they need until they get arrested for something and it gets noticed in jail. You need to document the contact you have with him by making a complaint to the police.
Good luck

Gloria Said:

When admitted to hospital with an eating disorder, is the patient sectioned under the mental health act?

We Answered:

The best way to answer this one, as I have found from being admitted, is to call the hospital where you were committed. I called the hospital and they said it's not on public record, so that means that it's no the MHA, then when I was committed before that, it was because I had a hearing. It's very complex. You trying to get a gun? You had better not mess up because it's VERY hard to ever get a gun then.

Penny Said:

Can this person be sectioned under mental health act?

We Answered:

Its really hard to get someone committed nowadays they have to be a danger to themselves or a danger to the public.

Its even harder to get letters of the alphabet committed

Salvador Said:

In Australia, what law does the Mental Health Act work under. Common, Civil or Criminal?

We Answered:

As it is a piece of legislation, it cannot be termed "common law", as this refers to law developed through decisions of courts (although some legislation may embody rules previously developed by common law).

Most legislation contains aspects of civil law (i.e. somone can sue you (or fire you) for doing something against the Act) and criminal law (i.e.the police can charge you for committing an offence as defined under the Act), and the Mental Health Act is no exception. Most of the Act would be termed "civil law" but there are a number of places where certain things are declared to be "offences", and you can be charged under "criminal law" for doing those things.

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