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Guidelines for Medical Practitioners using Sections 110 and 110A of 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 when the urgent sedation of a person is required.

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.

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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