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
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
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 primary carer, relative or friend
27 Steps for medical examination requirements for ongoing detention in mental health facility
28 Obligations of examining medical practitioners
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 primary carer
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
67 Appeals
Part 1 Rights of patients or detained persons and primary carers
68 Principles for care and treatment
69 Offence to ill-treat patients
70 Assistance of interpreters
71 Primary carer
72 Nomination of primary carer
Division 2 Notification and information sharing
73 Information about medication
74 Information to be given to persons to be detained
75 Notification to primary carer of initial detention
76 Notification of mental health inquiries
77 Notification to new involuntary patients of appeal rights
78 Notifications to primary carer 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
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
94 When electro convulsive therapy may be administered to involuntary patients
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 Director-General 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
Part 1 Administrative objectives and functions
105 Objectives of New South Wales public health system
106 Functions of Director-General
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 hospitals 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 to see official visitor
135 Official visitors not personally liable
136 Accredited persons
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
140 Constitution of the Tribunal
141 Membership of Tribunal
142 Registrar and other officers 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
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
188 Restrictions on holding of certain offices
189 Disclosure of information
190 Act does not limit or affect other powers
191 Liability of police officers and health care professionals 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 Medical certificate as to examination or observation of person
Schedule 3 Statement of rights
Schedule 4 Provisions relating to Principal official visitor and official visitors
Schedule 5 Provisions relating to members of Tribunal