MUHAMAD NUR FIRDAUS BIN NORDIN P73585 SAYED AHMAD SYAHIR BIN SAYED ALUWEE P73511 MOHAMAD BADRUL

BIN MOHAMED RAOF P73581 WAHYUDDIN P73601

BUSINESS LAW SECTION 11 & 12 MENTAL DISORDER ACT 1952

MENTAL DISORDER ACT

Definition In this Act mental disorder means mental illness, severe dementia or significant intellectual disability where because of the illness, disability or dementia, there is a serious likelihood of the person concerned causing immediate and serious harm to himself or herself or to other persons (i) because of the severity of the illness, disability or dementia, the judgment of the person concerned is so impaired that failure to admit the person to an approved centre would be likely to lead to a serious deterioration in his or her condition or would prevent the administration of appropriate treatment that could be given only by such admission.

(a) (b)

(ii) the reception, detention and treatment of the person concerned in an approved centre would be likely to benefit or alleviate the condition of that person to a material extent.

(2) In subsection (1)

(a)mental illness means a state of mind of a person which affects the person's thinking, perceiving, emotion or judgment and which seriously impairs the mental function of the person to the extent that he or she requires care or medical treatment in his or her own interest or in the interest of other persons; (b)severe dementia means a deterioration of the brain of a person which significantly impairs the intellectual function of the person thereby affecting thought, comprehension and memory and which includes severe psychiatric or behavior symptoms such as physical aggression; (c)significant intellectual disability means a state of arrested or incomplete development of mind of a person which includes significant impairment of intelligence and social functioning and abnormally aggressive or seriously irresponsible conduct on the part of the person.

 The causes of mental disorders are generally complex and vary depending on the particular

disorder and the individual. Although the causes of some mental disorders are unknown, it has been found that different Biological, Psychological, and Environmental Factors can all contribute to the development or progression of mental disorders. Most mental disorders are a result of a combination of several different factors rather than just a single factor.

 Apprehension of mentally disordered person

What is Section 11 of Mental Health Act?

(1) any police officer or social welfare officer may apprehend any person whom he has reason to believe is mentally disordered and is, because of mental disorder, dangerous to himself or to other persons or property. (2) the police officer or social welfare officer who has apprehended a person under subsection (1) shall as soon as practicable, but not later than twenty-four hours after the apprehension, bring the person to a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazette private psychiatric hospital for examination.

What is Section 12 of Mental Health Act?

Procedure in cases of proved ill-treatment of suspected

mentally disordered person

where a person has been convicted of an offence under Chapter XVI of the penal Code [Act 574] involving hurt, grievous hurt, wrongful restraint, wrongful confinement, assault or criminal force against any other person, and the Court has reason to suspect that that other person is mentally disordered and is not under proper care and control, the Court may send that person before a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazette private psychiatric hospital for examination.

CASE STUDY I
Bill was a 21-year-old male who was charged

by the police with two counts of burglary and of grievous bodily harm with intent. When he was charged, he already had a diagnosis of schizophrenia, dating from 2 months prior to the offences but with a likely duration of illness of 23 years prior to the offenses.

conclusion
In Bills case, his mental illness interfaced with the legal process at the last stage, namely, at sentencing, when the regular or guideline sentence for the offense was individualized in the light of his diagnosis At every stage through the criminal justice system, the Act provides a means whereby the individual can be diverted into mental health services. Individuals on remand in custody(awaiting trial or sentencing) can also be transferred to a hospital under the Mental Health Act.

CASE STUDY II
Mental health and insurance - Insurers are so alarmed at potential costs

from mental health claims they use irrational arguments. - Its a case reported on the fraught relationship between sufferers of mental illness and insurance companies.

 Robs a businessman and his tale of woe

began last year when he decided to increase the cover on his life and income protection insurance. When reinsuring, insurer sent Rob an email asking him to sign a policy exclusion for illness or disability resulting directly or indirectly from any mental disorder.

conclusion
Insurers underwriters are insurance (not medical) experts.

Theyre too quick to add blanket exclusions regardless of whether the medical evidence warrants them.

Make sure you read every declaration you sign. Its easy for

insurance companies to sneak in limits to your existing cover in the small print.

If you think youve been unfairly treated by your insurance

company, threaten to take your business away. You can also take a case to the Insurance and Savings Ombudsman if you think youve been treated unfairly by your insurer.

Be careful about what you say to your doctor. Saying: Im feeling

depressed when youre not clinically depressed or Im stressed when youre overworked could come back to haunt you when you need insurance cover or make a claim.

Relate mental disorder with business world

http://www.forbes.com/sites/hesterlacey/2014/03/19/mental-health-at-workwhat-every-team-leader-should-know/ (FORBES MAGAZINES) Mental health at work is an issue for all businesses, of all sizes, from selfemployed singletons to corporations that employ thousands. Speaking in Parliament in January this year, Norman Lamb, the UK Minister for Care and Support, noted that at least one in four people will experience a mental health problem at some point in their life; that many experience poor mental well-being but do not have a diagnosable mental disorder; and that mental illness is now the cause of over 40% of sickness benefit claims. The average cost of poor mental health to business, he added, is just over 1,000 per year, or almost 26 billion across the UK economy.

Maintaining mental health at work is a win for everyone: employees, employers, colleagues, customers
A Warwick University study found that people in a happy state of

mind are 12% more productive.

Some of our SMEs have some of the best ideas: allowing working

from home, having fun days, encouraging healthy eating can have a big impact for a low level of expense.

What is our opinion?

Mental disorder can be positive or negatively to a

person. Its relate how they deal with the situation to make its as a things that make them to be a better person or oppositely. The law that created for mental disorder person actually help them to living with a mental health condition means not only taking efforts to manage it, but coping with the ways in which it can affect your life and those in it. If you're faced with a mental health concern, or if you are the loved one of someone who is, there are things you can do to help make way for a better life.

SUCESSFUL PEOPLE RELATE TO MENTAL HEALTH PROBLEM

1. ABRAHAM LINCOLN DEPRESSION?

The Great Emancipator managed to lead the country through one of its more trying times, despite suffering from severe depression most of his life. According to one Lincoln biographer, letters left by the presidents friends referred to him as the most depressed person they've ever seen.

2.ISAAC NEWTON EVERYTHING?

One of the greatest scientists of all time is also the hardest genius to diagnose, but historians

agree he had a lot going on. Newton suffered from huge ups and downs in his moods, indicating bipolar disorder, combined with psychotic tendencies. His inability to connect with people could place him on the autism spectrum. He also had a tendency to write letters filled with mad delusions, which some medical historians feel strongly indicates schizophrenia.