New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 52

52 Notice of applications

(1) The applicant for a community treatment order must notify the affected person in writing of the application.

(2) The notice of the application is to include a copy of the proposed treatment plan for the affected person.

(3) If the affected person is not detained in a mental health facility, the application must be heard not earlier than 14 days after the notice is given to the affected person.

(4) Subsection (3) does not apply--

(a) to an application for a further community treatment order in respect of an affected person who was the subject of a current community treatment order when the notice was given, or

(b) if the Tribunal decides it is in the best interests of the affected person that the application be heard earlier than 14 days after the notice is given.

(5) As soon as practicable after becoming aware of the application, the director of community treatment of the declared mental health facility at which the treatment plan is proposed to be implemented must take all reasonably practicable steps to give written notice of the application to--

(a) each designated carer of the affected person, and

(b) the principal care provider of the affected person, if the principal care provider is not a designated carer.