In the case of one lacking capacity o an examination

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In the case of one lacking capacity: o An examination authority is granted A doctor or authorised mental health practitioner can examine a person to determine whether to make a recommendation for assessment Examination authorities are a 'last resort' option where there are serious concerns about a person's mental health, and voluntary approaches are not achievable § Do not need consent and may use force § Can be detained for 1 hour for the purpose of examination The reason and duration of detention must be recorded o Recommendation for Assessment To determine whether a treatment authority should be made § Treatment authorities are made by authorised doctors and provide a lawful authority to treat a person with a mental illness who lacks the capacity to consent to treatment § Treatment authorities replace involuntary treatment orders under the Mental Health Act 2000 Treatment criteria must apply § Elements: The person has a mental illness The person does not have capacity to consent to be treated for the illness There is a risk of imminent serious harm to the person or others, or that the person is likely to suffer serious mental or physical deterioration Must be no way that is less restrictive Treatment o Prohibitions The Mental Health Act 2016 prohibits:
§ Insulin induced coma therapy § Deep sleep therapy § Psychosurgery o A person subject to a treatment authority must be regularly assessed o Amendments in accordance with the Mental Health Court and Mental Review Tribunal o Decisions in relation to treatment and care must be made in consultation with the patient and the patient's family, subject to the patient's right to privacy o Mental Health Review Tribunal The tribunal's jurisdiction is to review treatment authorities, forensic orders, treatment support orders, a person's fitness for trial, and the detention of a minor in a high security unit § The tribunal also hears applications for: Examination authorities Approvals of electroconvulsive therapy and deep brain stimulation Approvals of the interstate transfers of forensic patients and treatment support order patients o Mental Health Court Primary function is to consider whether a person was of unsound mind when they committed an offence, or is unfit for trial The court also hears appeals from decisions made by the Mental Health Review Tribunal 4.1: Patient Safety in Context Adverse events The Australian Institute of Health and Welfare defines an adverse event as incidents in which harm resulted to a person receiving healthcare o They include adverse effects of drugs, injuries that occur during care, and conditions that occur following procedures such as infections and bleeding An adverse event is an injury occurring during the course of medical management. Negligence
Negligence is the failure to provide a standard level of care or the delivery of substandard care

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