Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 10

Apprehension of mentally ill persons in certain circumstances

10. Apprehension of mentally ill persons in certain circumstances



(1) A member of the police force may apprehend a person who appears to be
mentally ill if the member of the police force has reasonable grounds for
believing that-

   (a)  the person has recently attempted suicide or attempted to cause
        serious bodily harm to herself or himself or to some other person; or

   (b)  the person is likely by act or neglect to attempt suicide or to cause
        serious bodily harm to herself or himself or to some other person.

(1A) A member of the police force is not required for the purposes of
subsection (1) to exercise any clinical judgment as to whether a person is
mentally ill but may exercise the powers conferred by this section if, having
regard to the behaviour and appearance of the person, the person appears to
the member of the police force to be mentally ill.

(2) For the purpose of apprehending a person under subsection (1) a member of
the police force may with such assistance as is required-

   (a)  enter any premises; and

   (b)  use such force as may be reasonably necessary.

(3) A member of the police force exercising the powers conferred by this
section may be accompanied by a registered medical practitioner or a mental
health practitioner.



(4) A member of the police force must, as soon as practicable after
apprehending a person under subsection (1), arrange for-

   (a)  an examination of the person by a registered medical practitioner; or

   (b)  an assessment of the person by a mental health practitioner.

(5) The mental health practitioner may assess the person, having regard to the
criteria in section 8(1) and-

   (a)  advise the member of the police force to-

   (i)  arrange for an examination of the person by a registered medical
        practitioner; or

   (ii) release the person from apprehension under this section; or

   (b)  complete an authority to transport the person to an approved mental
        health service in accordance with section 9A(1).



(6) If the mental health practitioner assesses the person and advises the
member of the police force to arrange for an examination of the person by a
registered medical practitioner the member of the police force must do so as
soon as practicable.

(7) If the mental health practitioner assesses the person and advises the
member of the police force to release the person from apprehension under this
section the member must do so unless the member arranges for a personal
examination of the person by a registered medical practitioner.

(8) If an arrangement is made under this section to have a person examined by
a registered medical practitioner, a registered medical practitioner may
examine the person for the purposes of section 9.

(9) Nothing in this section limits-

   (a)  any other powers of a registered medical practitioner or mental health
        practitioner in relation to that person under this Act; or

   (b)  any other powers of a member of the police force in relation to that
        person.



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