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Guidelines for the Role and Function of Duly Authorised Officers under the Mental Health (Compulsory Assessment and Treatment) Act 1992

Date of publication: April 2000

Foreword
Section 130(a) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (the Act) states that the Director-General of Health may from time to time issue guidelines for the purposes of the Act. The following guidelines are intended to provide users of the Act with some guidance on issues of its interpretation and practical application as to the role and function of Duly Authorised Officers (DAOs).

The need for guidelines to the Act was identified by the Law Commission’s report on Community Safety: Mental Health and Criminal Justice Issues (1994) and the Inquiry under Section 47 of the Health and Disability Services Act 1993 in Respect of Certain Mental Health Services 1996 (the Mason Report; Ministry of Health 1996). Both reports stated that workable guidelines were required to address different understandings of the Act.

On 6 October 1999 Parliament passed the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 Amendment), which came into force on 1 April 2000. These guidelines reflect the amendments made to the Act in 1999, and supersede the guidelines issued in 1995.

These guidelines are effective from 1 April 2000 and are a tool to assist those involved in the administration of the Mental Health (Compulsory Assessment and Treatment) Act 1992. Revised guidelines will be distributed by the end of January 2002. Until the revised guidelines are available, the April 2000 guidelines remain effective.


Karen O Poutasi (Dr)
Director-General of Health




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