MENTAL HEALTH ACT 2007 - As at 19 February 2024 - Act 8 of 2007
- As at 19 February 2024 - Act 8 of 2007Table of Provisions
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
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
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)