/ CHHS16/023

Canberra Hospital and Health Services

OperationalProcedure

Mental Health Officer

Contents

Contents

Purpose

Scope

Section 1 – Roles and Responsibilities

Section 2 – Appointment of a Mental Health Officer

Section 3 – Revocation of a Mental Health Officer Appointment

Implementation

Related Policies, Procedures, Guidelines and Legislation

References

Search Terms

Purpose

Thepurpose of this procedure is to outline the requirements for clinicians to be appointed as Mental Health Officers (MHOs) in accordance with the provisions established within the Mental Health Act 2015 (the “Act”).

The procedure aims to ensure compliance with legislative requirements for the appointment or nomination of a person or the occupant of a position as an MHO.

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Scope

Scope

This procedure relates specifically to all mental health clinicians in Mental Health, Justice Health, Alcohol and Drug Services (MHJHADS), but particularly those clinicians nominated to become MHOs, the managers/supervisors involved in nominating individual clinicians to become MHOs, as well as current MHOs and Medical Officers (MOs).

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Section 1 –Roles and Responsibilities

The Minister for Health may appoint a person or nominate the occupant of a position as a Mental Health Officer according to the Mental Health Act 2015 (the “Act”), as indicated in Part 12.1, Section 201. The Minister has delegated his/her authority to appoint persons to be Mental Health Officers for the purpose of the Act to the Chief Psychiatrist.

All mental health clinicians can find the Mental Health Act 2015(Act) on the ACT Legislation Register.

A person is not eligible for appointment as an MHO unless the person is a Nurse, authorised Nurse Practitioner, Occupational Therapist, Psychologist or Social Worker. The Minister or their delegate shall not appoint a person or nominate the occupant of a position as a Mental Health Officer unless satisfied that the person has the necessary experience, training and expertise.

The Act provides MHOs with considerable powers. For example, Section 80 of the Act provides the authority for a MHO (as well as a Doctor or Police Officer or Authorised Ambulance Paramedic) to apprehend a person and have them taken to an approved mental health facility for the purpose of assessment. Hence, the appointment and allocation of the MHO status requires serious consideration.

To be considered for MHO status, an applicant should be a clinician who has at least three years experience in dealing with persons with mental illness or dysfunction and who is currently working in a direct care role. They must hold a position at the Registered Nurse Level 2 or Health Professional Officer Level 2 or higher to be considered for MHO status. They must also attend a training course on the Act and demonstrate an understanding of the “Objectives and Principles” of the Act.

The Mental Health Officer Handbook aims to assist MHOs and Medical Officers (MOs) to execute their duties and responsibilities effectively under the Act in order to improve care for the people who use mental health services, a copy of the Handbook can be found on the Policy and Clinical Guidance Documents Register (

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Section 2 –Appointment of a Mental Health Officer

  1. The decision to nominate a person or the occupant of a position is made by the Clinical and Operational Directors of the relevantMHJHADS program, in consultation with the Team Leader/Manager and Consultant Psychiatrist of the relevant program area. The selection is also based on the clinical and operational needs of the team and the relevant consumer group.
  2. After nominating an individual for MHO status, the Team Leader/Manager will request that the nominee complete the relevant Mental Health Act Training program (which may include e-learning) as well as familiarise themselves with the Mental Health Officer Handbook.
  3. The nominee is then required to complete an assessment process; including obtaining references (preferably one from the relevant area Consultant Psychiatrist, where one exists), as well as successfully completing a competency test on the Act titled “Mental Health Act Selection tool”. This test is available from Operational Directors and is administered by the Team Leader/Manager.
  4. The Office of the Chief Psychiatrist is then advised of the recommendation by the relevant program Operational Director to appoint an individual as a MHO and will consider the request. If the nomination is endorsed, the Personal Assistant to the Chief Psychiatrist will prepare the instrument of appointment for approval.
  5. Once approved, the MHO will receive a copy of the approved instrument. The instrument of appointment will then be forwarded to the Shared Services Pay Team of ACT Health and a MHO allowance will be paid to the MHO as per the relevant enterprise agreement.
  6. The MHO must arrange for a separate photo Identification Card (ID). The MHO should contact the Identity and Access Management (IAM) Service based at the Canberra Hospital to arrange for photo to be taken and an ID issued.
  7. The MHO should wear the new ID card showing their name and a recent photo in accordance with Section 203 of the Act.
  8. A list of the Mental Health Officer appointments and revocations (see Section 3 of this procedure for more information) is available from the Chief Psychiatrist.

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Section 3 – Revocation of a Mental Health Officer Appointment

  1. Where a clinician’s role is no longer associated with the need to carry out the functions of an MHO, a recommendation is made bythe clinician’s Team Leader/Manager to revoke theinstrument of appointment. This can occur upon the clinician’s resignation or where the duties of the clinician are no longer of a direct carenature or are no longer operationally required.
  2. The notification is provided to the Chief Psychiatrist and his/her Personal Assistant who will prepare a formal instrument of revocation. This will be provided to the clinician who then must return the MHO ID card to the Team Leader who has the responsibility to forward itto the Office of the Chief Psychiatrist.
  3. As a MHO appointmentcarries with it financial remuneration by way of an allowance, the discontinuation of the payment of theallowance at the time the instrument is revoked is required. A copy of the instrument of revocation will be sent to Shared Services Pay Team to affect this.
  4. There is provision under the Nursing and Midwifery Public Sector Enterprise Agreement 2013-2017 and the ACT Public Sector Health Professional Enterprise Agreement 2013-2017 to initiate a review of the decision to revoke an appointment unless it is expressly excluded by these clauses.

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Implementation

An email notification will be sent to the division notifying staff that this document is now available on the Policy and Clinical Guidance Documents Register.

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Related Policies, Procedures, Guidelines and Legislation

Procedure

  • Psychiatric and Medical Examination of Involuntary Consumers under the Mental Health Act 2015
  • Care of Persons Subject to Psychiatric Treatment Orders
  • Consent and Treatment Policy
  • Emergency Detention in the Inpatient Setting and Consumer Rights under the Mental Health Act 2015
  • Memorandum of Understanding between the ACT Ambulance Service, The Australian Federal Police, The Canberra Hospital, Calvary Health Care ACT, and Mental Health, Justice Health and Alcohol & Drug Services regarding People requiring Mental Health Care
  • Multi-agency Response Plan

Charters

  • ACT Health Charter of Rights for people who experience Mental Health Issues
  • Australian Charter of Healthcare Rights

Legislation

  • Mental Health Act 2015
  • Carers Recognition Act 2010
  • ACT Human Rights Act 2004
  • Legislation Act 2001
  • Children and Young Person’s Act 2008

Standards

  • National Standards for Mental Health Services 2010
  • National Safety and Quality Health Services Standards 2012

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References

Mental Health Act 2015

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Search Terms

Medical Officer (MO), Mental Health Officer (MHO), Mental Health Act, Emergency Detention, Involuntary Detention

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Disclaimer: This document has been developed by Health Directorate, Canberra Hospital and Health Services, MHJHADS, specifically for its own use. Use of this document and any reliance on the information contained therein by any third party is at his or her own risk and Health Directorate assumes no responsibility whatsoever.

Date Amended / Section Amended / Approved By
Eg: 17 August 2014 / Section 1 / ED/CHHSPC Chair
Doc Number / Version / Issued / Review Date / Area Responsible / Page
CHHS16/023 / 1 / 19/02/2016 / 01/03/2021 / MHJHADS / 1 of 5
Do not refer to a paper based copy of this policy document. The most current version can be found on the ACT Health Policy Register