Mirror of Justice - All about Law and More
*Home>>>Criminal Law

In Australia, what law does the Mental Health Act work under. Common, Civil or Criminal?

I'm a security officer in a hospital and we hold patients under the mental health act. What law are they being held there under?

As it is a piece of legislation, it cannot be termed "common law", as this refers to law developed through decisions of courts (although some legislation may embody rules previously developed by common law).

Most legislation contains aspects of civil law (i.e. somone can sue you (or fire you) for doing something against the Act) and criminal law (i.e.the police can charge you for committing an offence as defined under the Act), and the Mental Health Act is no exception. Most of the Act would be termed "civil law" but there are a number of places where certain things are declared to be "offences", and you can be charged under "criminal law" for doing those things.

Tags
　　DUI Law 　　Drunk Driving Law 　　Divorce Law 　　Discrimination Law 　　Disability 　　Criminal Law 　　Collections Law 　　Consumer Law 　　Construction Law 　　Constitutional Law 　　Computer Law 　　Child Custody
Related information
  • I have fines due from under age drinking will they show up on a criminal check?

    That depends on if these are crimnal offences in your state, and exactly what type of background check they are doing. They may show up, but for the most part, companies are looking for history of...

  • Can someone be appointed a minor's temp guardian if they are married to someone with a criminal background.

    They will look at what is in the best interest of the child.

    ...
  • How do you obtain a copy of a criminal complaint?

    Police station where it was issued or court where it was prosecuted

    ...
  • Can being admitted to a psych ward be on your record like a criminal record in Canada?

    no it isn't. it is considered medical history.

    ...
  • Do i get a criminal record if charges were dropped and i never even got arrested?

    no..but the police have a record of the incident. it will not show up in a background check however.

    ...
  • What happens if a crime victim is a child and doesn't show for criminal trail?

    Most of the time they ask that the children not be at the trial, especially if they may be called as a witness (subpoenaed). If the child is subpoenaed and doesn't show up, they will hold the ...

  • Why do they only look for criminal CONVICTIONS in background checks?

    Yes, you might get off on a technicality and not look back, but let me ask you this: what if you were wrongly accused of a crime and then acquitted? It wouldn't be fair to have to disclose y...

  • What can i do with a criminal justice major??

    A position as a law enforcement officer is very rewarding, however security work in the right setting can be a lucrative position if you pursue something other than your standard security work, ove...

    • 　

    AD Service--Categories--Copyright/IP Policy--Contact Webmaster