New South Wales Consolidated Regulations

MENTAL HEALTH REGULATION 2007 - REG 48

48 Involuntary referrals to be reported to Tribunal

(1) The medical superintendent of a mental health facility must report to the Tribunal particulars of:

(a) each person (other than a forensic patient, correctional patient or a voluntary patient) admitted to the mental health facility as a patient, and

(b) each person who is detained as a patient after being a voluntary patient.

(2) The report must contain the information set out in Form 10.

(3) The report must be made as soon as practicable after the occurrence of the first of any of the following events in relation to a patient or detained person:

(a) any refusal to admit any person taken or detained in a mental health facility against his or her will,

(b) the admission (whether as a voluntary or an involuntary patient) of a person taken to or detained in a mental health facility against his or her will,

(c) the reclassification by the mental health facility of a voluntary patient as an involuntary patient.

(4) Despite subclause (3), the medical superintendent is not required to submit more than one report each week.

(5) To avoid doubt, a report is not required under this clause during any period in which no person was admitted or detained.