MENTAL HEALTH ACT 2007

New South Wales Consolidated Acts

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- As at 27 May 2024
- Act 8 of 2007

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions

CHAPTER 2 - VOLUNTARY ADMISSION TO FACILITIES

5. Admission on own request
6. Voluntary admission of children
7. Voluntary admission of persons under guardianship
8. Discharge of voluntary patients
9. Review of voluntary patients
10. Detention of voluntary patients in mental health facilities
11. Review of decisions made by authorised medical officer to refuse admission or discharge voluntary patient

CHAPTER 3 - INVOLUNTARY ADMISSION AND TREATMENT IN AND OUTSIDE FACILITIES

PART 1 - REQUIREMENTS FOR INVOLUNTARY ADMISSION, DETENTION AND TREATMENT

12. General restrictions on detention of persons
13. Criteria for involuntary admission etc as mentally ill person or mentally disordered person
14. Mentally ill persons
15. Mentally disordered persons
16. Certain words or conduct may not indicate mental illness or disorder

PART 2 - INVOLUNTARY DETENTION AND TREATMENT IN MENTAL HEALTH FACILITIES

Division 1 - Preliminary

17. Definitions

Division 2 - Admission to and initial detention in mental health facilities

18. When a person may be detained in mental health facility
19. Detention on certificate of medical practitioner or accredited person
19A. Examination by audio visual link for purposes of mental health certificate
20. Detention on information of ambulance officer
21. Police assistance
22. Detention after apprehension by police
23. Detention after order for medical examination or observation
24. Detention on order of Magistrate or bail officer
25. Detention after transfer from another health facility
26. Detention on request of designated carer, principal care provider, relative or friend
27. Steps for medical examination requirements for ongoing detention in mental health facility
27A. Examinations by medical practitioners or accredited persons for purposes of detention
28. Obligations of examining medical practitioners and accredited persons
28A. Tribunal to be informed if detained person is a forensic patient
29. Treatment of persons detained in mental health facilities
30. Assessable persons may be reclassified as voluntary patients
31. Limited detention of mentally disordered persons
32. Detention on order of Magistrate or bail officer
33. Actions may be delayed because of other illnesses or conditions

Division 3 - Continuing detention in mental health facilities

34. Mental health inquiries to be held
35. Purpose and findings of mental health inquiries
36. Adjournments
37. Reviews of involuntary patients by Tribunal
38. Purpose and findings of reviews of involuntary patients
39. Medical examination of involuntary patients
40. Re-classification of involuntary patients as voluntary patients
41. Discharge on making of community treatment order
42. Discharge of involuntary patients on own application
43. Discharge of involuntary patients on application of designated carer or principal care provider
43A. Tribunal to be informed of discharge of a forensic patient
44. Appeals against discharge refusals
45. Review and discharge of absent patients

Division 4 - Leave of absence from mental health facilities

46. Application of Division
47. Leave of absence on compassionate grounds, medical grounds or other grounds
48. Apprehension of persons not permitted to be absent from mental health facility
49. Police assistance

PART 3 - INVOLUNTARY TREATMENT IN THE COMMUNITY

Division 1 - Applications for and making of community treatment orders

50. Definitions
51. Community treatment orders
52. Notice of applications
53. Determination of applications for community treatment orders
54. Requirements for treatment plans under community treatment orders
55. Community treatment order may be made in absence of affected person
56. Form and duration of community treatment orders

Division 2 - Operation of community treatment orders

57. Duties and functions of affected person and mental health facility
58. Breach of community treatment order
59. Police assistance
60. Procedures at facility after breach notice or breach order
61. Review of affected person at mental health facility after breach order
61A. Medical examination of detained affected persons
62. Discharge and detention of affected persons
63. Review of detained affected persons by Tribunal
64. Purpose and findings of reviews

Division 3 - Revocation, variation and review of community treatment orders

65. Variation or revocation of orders by Tribunal
66. Revocation by director of community treatment
66A. Notifications
67. Appeals

CHAPTER 4 - CARE AND TREATMENT

PART 1 - RIGHTS OF PATIENTS OR DETAINED PERSONS, DESIGNATED CARERS AND PRINCIPAL CARE PROVIDERS

Division 1 - General

68. Principles for care and treatment
69. Offence to ill-treat patients
69A. Prohibition on use of spit hoods
70. Assistance of interpreters
71. Designated carers
72. Nomination of designated carers
72A. Principal care providers
72B. Requirement to consider information provided by other persons about patients or detained persons when making detention or discharge decisions

Division 2 - Notification and information sharing

73. Information about medication
74. Information to be given to persons to be detained
74A. Information to be given to voluntary patients
75. Notification to carers of initial detention
76. Notification of mental health inquiries
77. Notification to new involuntary patients of appeal rights
78. Notifications to designated carers and principal care providers of events affecting patients or detained persons
79. Discharge and other planning

Division 3 - Transfer of patients

80. Transfer of patients to or from mental health facilities
81. Transport of persons to and from mental health facilities and other health facilities

PART 2 - MENTAL HEALTH TREATMENTS

Division 1 - Preliminary

82. Definitions

Division 2 - General provisions about mental health treatment

83. Prohibited treatments
84. Treatment may be given to patients
85. Administration of excessive or inappropriate drugs
86. Review of drug use in mental health facilities

Division 3 - Electro convulsive therapy

87. Definitions
88. Offences relating to administration of electro convulsive treatment
89. When electro convulsive therapy may be administered
90. Refusal of treatment by medical superintendent
91. Informed consent requirements
92. Person impaired by medication incapable of giving informed consent
93. When electro convulsive therapy may be administered to persons other than involuntary patients or persons under 16
94. When electro convulsive therapy may be administered to involuntary patients or persons under 16
95. Tribunal to hold inquiries promptly
96. Purpose and findings of ECT inquiries
97. Electro convulsive therapy register

PART 3 - OTHER MEDICAL TREATMENTS

98. Definitions
99. Emergency surgery for involuntary patients
100. Secretary may consent to surgery
101. Tribunal may consent to surgery
102. Special medical treatment
103. Tribunal may consent to special medical treatment
104. Effect of consents

CHAPTER 5 - ADMINISTRATION

PART 1 - ADMINISTRATIVE OBJECTIVES AND FUNCTIONS

105. Objectives of New South Wales public health system
106. Functions of Secretary
107. Delegation
108. Annual report

PART 2 - MENTAL HEALTH FACILITIES

Division 1 - Declared mental health facilities

109. Establishment of declared mental health facilities
110. Declared mental health facilities that are private mental health facilities
111. Appointment of medical superintendents
112. Appointment of deputy medical superintendents
113. Directors and deputy directors of community treatment
114. Psychiatric case managers

Division 2 - Private mental health facilities

115. Application for licence
116. Grant or refusal of licence
117. Duration of licence
118. Annual statement and licence fee
119. Duplicate licence
120. Cancellation of licences--generally
121. Cancellation of licences--failure to show cause
122. Variation of licence
123. Provision of medical services in private mental health facilities
124. Medical superintendents
125. Deputy medical superintendents
126. Unlicensed private mental health facilities
127. Certain private health facilities to be licensed

PART 3 - OFFICIAL VISITORS AND ACCREDITED PERSONS

128. Principal official visitor
129. Official visitors
130. General provisions relating to the Principal official visitor and official visitors
131. Inspections of mental health facilities by official visitors
132. Obligations to facilitate exercise of functions by official visitors
133. Reports to Minister
134. Request by patient or other person at mental health facility to see official visitor
134A. Request by patient or other person at other health facility to see official visitor
135. Official visitors not personally liable
136. Accredited persons

PART 4 - INSPECTION POWERS

137. Inspection of mental health facilities
138. Powers of authorised officer to require information, evidence, production of records
139. Protection from incrimination

CHAPTER 6 - MENTAL HEALTH REVIEW TRIBUNAL

PART 1 - THE TRIBUNAL

140. Constitution of the Tribunal
141. Membership of Tribunal
142. Registrar and other staff of the Tribunal
143. Authentication of documents
144. Judicial notice of certain signatures
145. Certain proceedings prohibited
146. Application of Defamation Act 2005 to proceedings of Tribunal
147. Annual report
148. Delegation

PART 2 - PROCEDURES OF THE TRIBUNAL

149. Application of Part
150. Composition of Tribunal
151. Procedure at meetings of Tribunal to be informal
152. Legal representation of mentally ill persons and other persons
153. Determination whether a person is a mentally ill person or mentally disordered person
154. Rights of appearance and representation
155. Adjournments
156. Inspection etc of medical records
157. Production of evidence
158. Assistance of interpreters
159. Record of proceedings
160. Tribunal procedure generally
161. Contempt of Tribunal
162. Publication of names
162A. Tribunal may request information or services from other agencies

CHAPTER 7 - JURISDICTION OF SUPREME COURT

163. Appeals to the Court
164. Power of the Court on appeals
165. Panel of assessors
166. Jurisdiction of Court to order discharge or transfer of detained person
167. Other jurisdiction of the Court not affected
168. Tribunal members not liable for costs

CHAPTER 8 - INTERSTATE APPLICATION OF MENTAL HEALTH LAWS

PART 1 - PRELIMINARY

169. Object of Chapter
170. Definitions
171. Authority to enter into agreements
172. Corresponding laws, documents and interstate community treatment orders
173. New South Wales officers may exercise functions under corresponding laws

PART 2 - TRANSFER OF PATIENTS AND PERSONS

Division 1 - Transfer of persons from this State

174. Admission of persons to mental health facilities in other States
175. Effect of certificates
176. Transfer of patients from this State

Division 2 - Transfer of persons to this State

177. Admission of interstate persons to mental health facilities in this State
178. Application of Acts to persons brought to mental health facility from outside this State
179. Transfer of interstate persons to mental health facilities in this State
180. Status of transferred persons

PART 3 - COMMUNITY TREATMENT ORDERS AND OTHER ORDERS

181. Community treatment orders relating to interstate persons
182. Interstate implementation of New South Wales orders
183. Provision of services under interstate community treatment order
184. Recognition of interstate community treatment orders

PART 4 - APPREHENSION OF PERSONS ABSENT FROM MENTAL HEALTH FACILITY OR IN BREACH OF ORDERS

185. Recognition of warrants and orders
186. Apprehension of interstate persons absent without leave or in breach of corresponding orders
187. Regulations relating to apprehension of persons

CHAPTER 9 - MISCELLANEOUS

188. Restrictions on holding of certain offices
189. Disclosure of information
190. Act does not limit or affect other powers
191. Liability of certain persons exercising functions under this Act or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
192. Service of documents
193. Amendment of certain documents
194. Approved forms
195. Role of objects provisions
196. Regulations
197. Proceedings for offences
198. Savings, transitional and other provisions
199. (Repealed)
200. Repeal of Mental Health Act 1990 No 9
201. Review of Act
202, 203. (Repealed)
SCHEDULE 1
Schedule 2 (Repealed)
SCHEDULE 3
SCHEDULE 3A
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
Schedule 7 (Repealed)

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