Mental Health (Compulsory Assessment and Treatment) Act 1992

Overview of the Mental Health (Compulsory Assessment and Treatment) Act 1992

The Mental Health (Compulsory Assessment and Treatment) Act 1992 (MHA) provides a legal framework for the compulsory assessment and treatment of individuals with severe mental disorders in New Zealand. It aims to balance the rights of individuals with mental disorders with the need to protect their health, safety, and the safety of others.

Key Elements

1. Purpose and Scope

   • The MHA aims to balance the rights of individuals with severe mental disorders with the need to ensure their health, safety, and the safety of others.
   • It applies to individuals deemed to have a severe mental disorder requiring compulsory assessment and potentially treatment.

2. Criteria for Compulsory Assessment

   • A person can be assessed compulsorily under the MHA if there are reasonable grounds to believe:
     • They have a severe mental disorder.
     • They require immediate assessment for their own health or safety, or
     • They pose a serious danger to the health or safety of others.

3. Assessment Process

   • When a person is assessed compulsorily, they undergo assessment by mental health professionals to determine the nature and severity of their mental disorder.
   • This assessment must be conducted promptly and by appropriately qualified professionals.

4. Treatment

   • Treatment under the MHA can include medical treatment, psychological therapy, and other interventions necessary to manage the individual's mental disorder.
   • The treatment plan is tailored to the individual's needs and aims to promote recovery and well-being.

5. Legal Safeguards and Rights

   • Individuals subject to compulsory assessment and treatment have several rights protected by the MHA, including:
     • The right to be informed about their assessment and treatment.
     • The right to legal representation and advocacy.
     • The right to appeal decisions made under the Act.
   • There are specific time frames and procedures that must be followed during the assessment and treatment process to ensure transparency and fairness.

6. Involvement of Family/Whānau

   • The Act recognizes the importance of involving family/whānau (extended family and community) in the assessment and treatment process where appropriate and beneficial to the individual's recovery.

7. Substance Misuse Issues

   • Individuals with severe mental disorders that include substance misuse issues can also be assessed and treated under the MHA.
   • The Act allows for integrated assessment and treatment plans that address both mental health and substance misuse issues, recognizing the complex interplay between these conditions.

8. Community and Inpatient Treatment Options

   • Treatment under the MHA can be provided in various settings, including inpatient care in a mental health facility or community-based treatment, depending on the individual's needs and circumstances.

9. Duration and Review

   • The Act specifies time frames and procedures for the compulsory assessment and treatment, including regular reviews of the individual's condition and treatment plan.

10. Roles of Mental Health Professionals

    • The Act outlines the roles and responsibilities of mental health professionals involved in the assessment, treatment, and care of individuals under the MHA.

11. Confidentiality and Information Sharing

    • The Act includes provisions regarding the confidentiality of information and circumstances under which information can be shared among relevant parties involved in the individual's care.

12. Appeals and Disputes

    • Individuals and their representatives have the right to appeal decisions made under the MHA, including decisions regarding compulsory assessment and treatment.

13. Compliance and Enforcement

    • The Act includes provisions for compliance and enforcement measures to ensure that decisions made under the Act are followed and implemented appropriately.

The Mental Health (Compulsory Assessment and Treatment) Act 1992 is designed to ensure that individuals with severe mental disorders receive timely and appropriate care while upholding their rights and dignity. It provides a structured framework for managing mental health crises and supporting recovery within a legal and ethical framework.

Learn more about the Act