New South Wales Consolidated Regulations

MENTAL HEALTH REGULATION 2007

- Made under the Mental Health Act 2007
- As at 17 July 2009
- Reg 553 of 2007

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - ADMISSION TO, AND CARE IN, MENTAL HEALTH FACILITIES

           Division 1 - Involuntary admission to mental health facilities

   4.      Medical report as to mental state of detained person

           Division 2 - Mental health inquiries

   5.      Notice of appearance before Magistrate
   6.      Appearance before a Magistrate or the Tribunal
   7.      Form of summons (inquiry by Magistrate)
   8.      Compliance with summons (inquiry by Magistrate)

           Division 3 - Discharge of patients

   9.      Appeal against refusal to discharge

   PART 3 - COMMUNITY TREATMENT ORDERS

   10.     Persons who may apply for a community treatment order
   11.     Orders that may be made on appeal under section 67

   PART 4 - TREATMENTS FOR MENTAL ILLNESS

           Division 1 - Psychosurgery

   12.     Psychosurgery

           Division 2 - Electro convulsive therapy

   13.     Procedure before consent to electro convulsive therapy
   14.     Consent to electro convulsive therapy
   15.     Register of information relating to electro convulsive therapy

   PART 5 - PRIVATE MENTAL HEALTH FACILITIES

   16.     Application fee for licence for private mental health facility
   17.     Annual licence fee for private mental health facility
   18.     Fee for duplicate licence

   PART 6 - OFFICIAL VISITORS

   19.     Additional qualified persons
   20.     Visits to mental health facilities

   PART 7 - MENTAL HEALTH REVIEW TRIBUNAL

   21.     Constitution of Tribunal for certain proceedings
   22.     Summons to attend as witness or to produce evidence

   PART 8 - INTERSTATE PATIENTS AND MENTAL HEALTH LAWS

           Division 1 - Preliminary

   23.     Definitions
   24.     Recognition of existing previous interstate agreements
   25.     Corresponding laws

           Division 2 - Apprehension of persons absent from mental health facility or in breach of orders

   26.     Recognition of interstate orders
   27.     Apprehension of patients and persons under interstate apprehension orders

           Division 3 - Transfer of patients and persons from this State

   28.     Admission of persons to interstate mental health facilities and facilities
   29.     Transfer of patients from this State to interstate mental health facilities

           Division 4 - Transfer of persons to this State

   30.     Admission of interstate persons to mental health facilities in this State
   31.     Transfer of interstate persons to mental health facilities in this State

           Division 5 - Community treatment orders

   32.     Victorian community treatment orders relating to New South Wales residents
   33.     ACT treatment orders relating to New South Wales residents
   34.     Queensland treatment orders relating to New South Wales residents
   35.     Limitations on treatment under interstate community treatment orders

   PART 9 - PATIENTS FUNDS AND ACCOUNTS

   36.     Trust funds
   37.     Patients Trust Fund
   38.     Withdrawals from patients’ accounts
   39.     Discharge or death of patient
   40.     Patients’ accounts to form one fund
   41.     Payments to and from Interest Account
   42.     Distribution of Interest Account
   43.     Patients Amenities Account

   PART 10 - MISCELLANEOUS

   44.     Term of nominations of primary carers
   45.     Information as to follow-up care after discharge
   46.     Annual report by Director-General
   47.     Oath of office-assessors
   47A.    Bodies who may be requested to provide Tribunal with information
   48.     Involuntary referrals to be reported to Tribunal
   49.     Mental health inquiries to be reported to Tribunal
   50.     Order or direction by Magistrate-mental health inquiries
   51.     Transitional provision relating to community treatment orders taken to be made under Act
   52.     Transport of persons to and from mental health facilities and other facilities
           SCHEDULE 1