Mental health
The compulsory assessment process
Step 2: The assessment examination
What happens after an application is made to have you assessed?
Mental Health (Compulsory Assessment and Treatment) Act 1992, s 9
The DAMHS or a DAO must arrange an assessment examination after an application to assess you has been made. The purpose of this assessment is to find out if you (the proposed patient) have a “mental disorder”. Usually you will be assessed by a psychiatrist, but the assessment can be done by a doctor or a nurse if the DAMHS thinks they’re qualified.
What information am I given about the assessment examination?
Mental Health (Compulsory Assessment and Treatment) Act 1992, s 9
Before the assessment, you must:
- be told when and where the examination will be
- be given a written notice telling you that you have to attend the examination and what the examination is for
- be told the name of the person who will examine you.
The DAMHS or DAO has to make sure this information is explained to you in the presence of a member of your family, or a caregiver or support person, and also make sure that person can get to the examination.
Do I have to go to the assessment examination?
Mental Health (Compulsory Assessment and Treatment) Act 1992, s 110C
Yes. As a proposed patient, you do not have the right to refuse to go to the assessment. If you don’t go, the DAO can ask the police to take you to the assessment and hold you there for up to six hours while you are examined.
How long do I have to wait for an assessment examination?
Mental Health (Compulsory Assessment and Treatment) Act 1992, s 9
The DAMHS or DAO must arrange an assessment examination as soon as possible after the application for assessment has been made. It should happen on the day the application is made, usually within a couple of hours.
