Involuntary mental health patient (under mental health legislation)
4
Restraining order
5
Other legal order
Supplementary values:
9
Not stated/inadequately described
Collection and usage attributes
Guide for use:
The legal orders and arrangements listed above are a state responsibility and may vary across jurisdictions (for example, the number and type of care and protection orders vary quite considerably). As a result care should be taken in interpreting data differences across jurisdictions.
CODE 0 Not applicable
To be used where there is no legal order/arrangement in effect.
CODE 1 Care and protection orders:
A legal order for the care and protection of a child under 18 years of age. Care and protection orders comprise the following:
finalised guardianship or finalised custody orders sought through a court, or administrative arrangements that have the impact of transferring custody or guardianship;
finalised supervisory and other finalised court orders which give the department some responsibility for the child's welfare; and
interim and temporary orders and care applications.
Care and protection orders exclude administrative and voluntary arrangements with the community services departments that do not have the effect of transferring custody or guardianship.
There is a wide range of orders and arrangements included as care and protection orders, such as guardianship, custody, supervisory, undertakings, interim and temporary orders and undertakings. The types and numbers of orders vary considerably across states and territories.
CODE 2 Juvenile Justice orders:
Legal orders or arrangements under state and territory juvenile justice legislation. Includes orders involving detention and non-detention (non-detention orders may require supervision, commitments or undertakings from young people, fines and good behaviour bonds).
CODE 3 Involuntary mental health patient:
Approval is required under the state or territory mental health legislation in order to detain patients for the provision of mental health care or for patients to be treated compulsorily in the community. Each state and territory mental health legislation differs in the number of categories of involuntary patient that are recognised, and the specific titles and legal conditions applying to each type. The legal status categories, which provide for compulsory detention or compulsory treatment of the patient can be readily differentiated within each jurisdiction. These include special categories for forensic patients who are charged with or convicted of some form of criminal activity.
The mental health legal status of admitted patients treated within approved hospitals may change many times throughout the episode of care. Patients may be admitted to hospital on an involuntary basis and subsequently be changed to voluntary status; some patients are admitted as voluntary but are transferred to involuntary status during the hospital stay. Multiple changes between voluntary and involuntary status during an episode of care in hospital or treatment in the community may occur depending on the patient's clinical condition and his/her capacity to consent to treatment.
Data element attributes
Collection and usage attributes
Guide for use:
A person may be the subject of, or party to, more than one of the legal orders or legal arrangements at the same time (and may therefore have multiple codes).
Collection methods:
This metadata item will be collected at different times depending on the requirements of the data collection. For some it may be at the time a person is seeking a service while for others it may be at regular or irregular intervals.
Source and reference attributes
Submitting organisation:
Australian Institute of Health and Welfare
Origin:
National Health Data Dictionary Version 8.0 Children of care and protection orders, Australia: data collection standards, tables and counting rules, 1998-99 Supported Accommodation Assistance Program (SAPP) National Data Collection Data Dictionary Version 1.1, 1999
