Part 2 Mental Health Commission

5   Constitution of Mental Health Commission

(1)  There is constituted by this Act a corporation with the corporate name of the Mental Health Commission of New South Wales.

(2)  The Commission is not and does not represent the Crown.

(3)  The Commission has the functions conferred or imposed on it by or under this or any other Act.

(4)  The functions of the Commission are exerciseable by the Commissioner, and any act, matter or thing done in the name of, or on behalf of, the Commission by the Commissioner, or with the authority of the Commissioner, is taken to have been done by the Commission.

(5)  The Commission cannot employ any staff.

Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.

6   Mental Health Commissioner

(1)  The Governor may appoint a Mental Health Commissioner.

(2)  The Commissioner holds office for the period (not exceeding 5 years) specified in the instrument of appointment and may not be appointed for more than 2 successive terms of office.

Note. Schedule 1 contains ancillary provisions relating to the Commissioner.

7   Deputy Mental Health Commissioners

(1)  The Governor may appoint one or more Deputy Mental Health Commissioners.

(2)  A Deputy Commissioner holds office for the period (not exceeding 3 years) specified in the instrument of appointment and may not be appointed for more than 2 successive terms of office.

Note. Schedule 1 contains ancillary provisions relating to Deputy Commissioners.

8   Commissioner or Deputy Commissioner to have personal experience of mental illness

The Commissioner or at least one Deputy Commissioner must be a person who has or has had a mental illness.

9   Ministerial control

The Commission is subject to the direction and control of the Minister, except in relation to the preparation and contents of the draft strategic plan or any other report prepared by the Commission.

10   Mental Health Community Advisory Council

(1)  There is to be a Mental Health Community Advisory Council.

(2)  The function of the Council is to advise the Commission on any mental health issue it considers appropriate or that is referred to it by the Commission.

(3)  The Council is to consist of the Commissioner and such persons as are appointed by the Minister (the appointed members). The Minister is to consider any recommendations made by the Commission in relation to the appointment of persons to the Council.

(4)  The Minister must ensure that the composition of the Council reflects the diversity of the community and includes representatives of the following groups:

(a)  people who have a mental illness and their families and carers,

(b)  mental health service providers,

(c)  people living in regional and remote New South Wales,

(d)  culturally and linguistically diverse communities,

(e)  Aboriginal persons.

(5)  An appointed member is to be appointed to the Council for a period of 3 years or less.

(6)  One of the appointed members of the Council is, by the member’s instrument of appointment or a further instrument signed by the Minister, to be appointed as the chairperson of the Council.

(7)  The procedure for the calling of meetings of the Council and for the conduct of those meetings is to be determined by the Commissioner.

(8)  An appointed member of the Council is entitled to be paid such fees and allowances (if any) as the Minister may from time to time determine for the member.

(9)  The Minister may remove an appointed member from the Council at any time.