New South Wales Consolidated Acts

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MENTAL HEALTH ACT 2007

- As at 27 June 2017
- 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 by Tribunal of detained affected persons
   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
   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 (Forensic Provisions) Act 1990
   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
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           Schedule 7 (Repealed)


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