Mental Health Compulsory Assessment & Treatment Act of 1992
The Mental Health Compulsory Assessment and Treatment Act of 1992 is a New Zealand law that sets parameters for the compulsory assessment and treatment of individuals who may have a mental disorder. Under this law, a medical practitioner can order a person to receive compulsory assessment and treatment if he reasonably believes that person suffers from a mental disorder.
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Significance
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Patients deemed to be in need of compulsory treatment because of a suspected mental disorder can be required to participate in either outpatient or residential treatment. Under this statute, the patient must accept such treatment as the clinician directs during the first month, and longer if the Review Tribunal considers that is in the patient's best interest. In all other cases, except in emergencies that render the patient unable to give consent, patient consent for mental health treatment must be obtained and the patient may withdraw consent at any time.
Features
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Persons determined to have a mental disorder, who present a danger to themselves or others, and who exhibit serious diminished capacity to consent to their own treatment, can face compulsory assessment. An individual's personal psychiatrist can release them from compulsory assessment and treatment at any time. Patients receive an assessment at an inpatient or community mental health service provider and are reassessed at five days and 14 days. The patient has the right to ask a judge to review their commitment and the right to speak with a lawyer, the district inspector.
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Process
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After assessment, a psychiatrist may petition the court to order further treatment for the patient. If the treatment order is granted, the patient can continue in treatment for up to a year.
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