Mental Health (Care and Treatment) Act 2008 · 2020 Revised Edition · Part 2 · Admission and Detention of Mentally Disordered Persons in Psychiatric Institutions
8. Ill-treatment or neglect of mentally disordered person
Feedback & supportIf it appears to a Magistrate on the report of a police officer or on the information of a person that any person supposed to be mentally disordered (“P”) is not under proper care and control or is ill‑treated or neglected by any relative or other person having the charge of P, the Magistrate may —
relative
“relative”, in relation to a person suffering or appearing to be suffering from mental disorder, means any of the following persons being, in the case of any of the persons mentioned in paragraphs (b) to (i), a person 18 years of age or older:(a)husband or wife, or reputed husband or wife who is living with the person or, if the person is for the time being an inpatient in a hospital, was so living when the person was last residing at liberty out of a hospital;(b)son or daughter;(c)father or mother;(d)brother or sister;(e)grandparent;(f)grandchild;(g)uncle or aunt;(h)nephew or niece;(i)any person with whom the person ordinarily resides or, if the person is for the time being an inpatient in a hospital, with whom the person was ordinarily residing when last at liberty out of a hospital;
send for P and summon the relative or other person as has or ought to have the charge of P; and
after due inquiry make an order for P to be sent to a designated medical practitioner at a psychiatric institution for treatment and the designated medical practitioner may thereafter act in accordance with section 10.
It is the duty of every police officer to report to a Magistrate every case of lack of proper care and control, ill‑treatment or neglect mentioned in subsection (1) which may come to the police officer’s knowledge.
treatment
“treatment” includes observation, inpatient treatment, outpatient treatment and rehabilitation.
Any police officer not below the rank of sergeant may visit any person supposed to be mentally disordered (“P”) in the care of any relative or other person having the charge of P for the purpose of ascertaining whether or not P is under proper care and control or is ill‑treated or neglected by any such relative or other person.
Any relative or other person mentioned in subsection (3) is legally bound to produce P for the inspection of the police officer and in the event the relative or other person refuses to do so shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.