Mental Health Act 2007 (NSW)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.63 (not commenced)
An Act to make provision with respect to the care, treatment and control of mentally ill and mentally disordered persons and other matters relating to mental health; and for other purposes.
This Act is the Mental Health Act 2007.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are—
(a) to provide for the care and treatment of, and to promote the recovery of, persons who are mentally ill or mentally disordered, and
(b) to facilitate the care and treatment of those persons through community care facilities, and
(c) to facilitate the provision of hospital care for those persons on a voluntary basis where appropriate and, in a limited number of situations, on an involuntary basis, and
(d) while protecting the civil rights of those persons, to give an opportunity for those persons to have access to appropriate care and, where necessary, to provide for treatment for their own protection or the protection of others, and
(e) to facilitate the involvement of those persons, and persons caring for them, in decisions involving appropriate care and treatment.
See also section 68 which contains principles for care and treatment and section 105 which sets out objectives for the New South Wales public health system.
In this Act—
(a) the medical superintendent of the mental health facility, or
(b) a medical officer, nominated by the medical superintendent for the purposes of this Act, attached to the mental health facility concerned.
(a) a person who is ordered to be detained as an involuntary patient after a mental health inquiry or otherwise by the Tribunal, or
(b) a forensic patient who is re-classified as an involuntary patient under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, or
(c) a correctional patient who is re-classified as an involuntary patient under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
(a) of a declared mental health facility, means the medical practitioner appointed, under section 111, as medical superintendent of the facility, or
(b) of a private mental health facility, means the medical practitioner appointed, under section 124, as medical superintendent of the facility.
(a) delusions,
(b) hallucinations,
(c) serious disorder of thought form,
(d) a severe disturbance of mood,
(e) sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms referred to in paragraphs (a)–(d).
(a) the person to whom a person is legally married (including the husband or wife of a person), or
(b) a de facto partner,
but where more than one person would qualify as a spouse, means only the last person to so qualify.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
(a) a person who has been admitted to a mental health facility under Chapter 2, or
(b) a person who has been re-classified as a voluntary patient under this Act.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act (other than in Schedule 1) do not form part of this Act.
A person may be admitted to a mental health facility as a voluntary patient.
An authorised medical officer may refuse to admit a person to a mental health facility as a voluntary patient if the officer is not satisfied that the person is likely to benefit from care or treatment as a voluntary patient.
A person may be admitted to a mental health facility as a voluntary patient whether or not the person is a mentally ill person or a mentally disordered person.
(cf 1990 Act, ss 13–15)
An authorised medical officer must, as soon as practicable after admitting a person under the age of 16 years as a voluntary patient, take all reasonably practicable steps to notify a parent of the person of the admission.
An authorised medical officer must discharge a person of 14 or 15 years of age who has been admitted as a voluntary patient if a parent of the person objects to the admission to the officer, unless the person elects to continue as a voluntary patient.
A person under the age of 14 years must not be admitted as a voluntary patient if a parent of the person objects to the admission to an authorised medical officer.
An authorised medical officer must discharge a person under the age of 14 years who has been admitted as a voluntary patient if a parent of the person requests that the person be discharged.
(cf 1990 Act, s 16)
A person under guardianship may be admitted to a mental health facility as a voluntary patient if the guardian of the person makes a request to an authorised medical officer.
A person under guardianship must not be admitted as a voluntary patient if the person’s guardian objects to the admission to the authorised medical officer.
An authorised medical officer must discharge a person under guardianship who has been admitted as a voluntary patient if the person’s guardian requests that the person be discharged.
(cf 1990 Act, s 65)
An authorised medical officer may discharge a voluntary patient at any time if the officer is of the opinion that the patient is not likely to benefit from further care or treatment as a voluntary patient.
A voluntary patient may discharge himself or herself from or leave a mental health facility at any time.
An authorised medical officer must give notice of the discharge of a voluntary patient who is a person under guardianship to the person’s guardian.
Section 79 provides for appropriate information relating to follow-up care to be provided to patients being discharged.
(cf 1990 Act, s 63)
The Tribunal must review, at least once every 12 months, the case of each voluntary patient who has been receiving care or treatment, or both, whether in a voluntary or involuntary capacity in a mental health facility for a continuous period of more than 12 months.
In addition to any other matters it considers on a review, the Tribunal is to consider whether the patient consents to continue as a voluntary patient and whether the patient is likely to benefit from further care or treatment as a voluntary patient.
The Tribunal may on a review order the discharge of the patient from the mental health facility.
The Tribunal may defer the operation of an order for the discharge of a patient for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the patient to do so.
The medical superintendent of a mental health facility must notify the Tribunal of the name of any voluntary patient whose case the Tribunal is required to review.
(cf 1990 Act, s 18A)
An authorised medical officer may cause a voluntary patient to be detained in a mental health facility under Part 2 of Chapter 3 if the officer considers the person to be a mentally ill person or a mentally disordered person.
Any such patient is taken to have been detained in the facility under section 19 when the authorised medical officer takes action to detain the patient.
A voluntary patient in a mental health facility may be detained for a period of up to 2 hours for the purpose of enabling an authorised medical officer to exercise the officer’s functions under this section.
(cf 1990 Act, s 19)
This section applies to a decision made under this Chapter by an authorised medical officer (other than a medical superintendent) to refuse a person admission to a mental health facility as a voluntary patient or to discharge a person as a voluntary patient.
The person affected by a decision may apply to the medical superintendent for a review of the decision.
The medical superintendent must review a decision as soon as practicable after receiving an application for its review and may confirm the decision, admit or discharge the person as a voluntary patient or take any other action under this Act that the medical superintendent thinks fit.
A patient or other person must not be involuntarily admitted to, or detained in or continue to be detained in, a mental health facility unless an authorised medical officer is of the opinion that—
(a) the person is a mentally ill person or a mentally disordered person, and
(b) no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person.
If an authorised medical officer is not of that opinion about a patient or other person at a mental health facility, the officer must refuse to detain, and must not continue to detain, the person.
An authorised medical officer may, immediately on discharging a patient or person who has been detained in a mental health facility, admit that person as a voluntary patient.
(cf 1990 Act, s 8)
A person is a mentally ill person or a mentally disordered person for the purpose of—
(a) the involuntary admission of the person to a mental health facility or the detention of the person in a facility under this Act, or
(b) determining whether the person should be subject to a community treatment order or be detained or continue to be detained involuntarily in a mental health facility,
if, and only if, the person satisfies the relevant criteria set out in this Part.
(cf 1990 Act, s 9)
A person is a mentally ill person if the person is suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care, treatment or control of the person is necessary—
(a) for the person’s own protection from serious harm, or
(b) for the protection of others from serious harm.
In considering whether a person is a mentally ill person, the continuing condition of the person, including any likely deterioration in the person’s condition and the likely effects of any such deterioration, are to be taken into account.
(cf 1990 Act, s 10)
A person (whether or not the person is suffering from mental illness) is a mentally disordered person if the person’s behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care, treatment or control of the person is necessary—
(a) for the person’s own protection from serious physical harm, or
(b) for the protection of others from serious physical harm.
(cf 1990 Act, s 11)
A person is not a mentally ill person or a mentally disordered person merely because of any one or more of the following—
(a) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular political opinion or belief,
(b) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular religious opinion or belief,
(c) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular philosophy,
(d) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular sexual preference or sexual orientation,
(d1) the person expresses or refuses or fails to express or has expressed or refused or failed to express a particular gender identity or gender expression,
(e) the person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular political activity,
(f) the person engages in or refuses or fails to engage in, or has engaged in or refused or failed to engage in, a particular religious activity,
(g) the person engages in or has engaged in a particular sexual activity or sexual promiscuity,
(h) the person engages in or has engaged in immoral conduct,
(i) the person engages in or has engaged in illegal conduct,
(j) the person has an intellectual disability or developmental disability,
(k) the person takes or has taken alcohol or any other drug,
(l) the person engages in or has engaged in anti-social behaviour,
(m) the person has a particular economic or social status or is a member of a particular cultural or racial group.
Nothing in this Part prevents, in relation to a person who takes or has taken alcohol or any other drug, the serious or permanent physiological, biochemical or psychological effects of drug taking from being regarded as an indication that a person is suffering from mental illness or other condition of disability of mind.
In this Part—
A person may be detained in a declared mental health facility in the following circumstances—
(a) on a mental health certificate given by a medical practitioner or accredited person (see section 19),
(b) after being brought to the facility by an ambulance officer (see section 20),
(c) after being apprehended by a police officer (see section 22),
(d) after an order for an examination and an examination or observation by a medical practitioner or accredited person (see section 23),
(e) on the order of a Magistrate (see section 24),
(f) after a transfer from another health facility (see section 25),
(g) on a written request made to the authorised medical officer by a designated carer, the principal care provider, a relative or friend of the person (see section 26).
A person may be detained, under a provision of this Part, in a health facility that is not a declared mental health facility if it is necessary to do so to provide medical treatment or care to the person for a condition or illness other than a mental illness or other mental condition.
In this Act, a reference to taking to and detaining in a mental health facility includes, in relation to a person who is at a mental health facility, but not detained in the mental health facility in accordance with this Act, the detaining of the person in the mental health facility.
A person taken to and detained in a mental health facility must be provided with certain information, including a statement of the person’s rights (see section 74).
A person authorised to be taken to and detained in a mental health facility under this Division may be taken to the facility by a person listed in section 81.
(cf 1990 Act, s 21)
A person may be taken to and detained in a declared mental health facility on the basis of a certificate about the person’s condition issued by a medical practitioner or accredited person. The certificate is to be in the form set out in Part 1 of Schedule 1.
A mental health certificate may be given about a person only if the medical practitioner or accredited person—
(a) has personally examined or observed the person’s condition immediately before or shortly before completing the certificate, and
(b) is of the opinion that the person is a mentally ill person or a mentally disordered person, and
(c) is satisfied that no other appropriate means for dealing with the person is reasonably available, and that involuntary admission and detention are necessary, and
(d) is not a designated carer, the principal care provider or a near relative of the person.
A mental health certificate may contain a police assistance endorsement that police assistance is required if the person giving the certificate is of the opinion that there are serious concerns relating to the safety of the person or other persons if the person is taken to a mental health facility without the assistance of a police officer. The endorsement is to be in the form set out in Part 2 of Schedule 1.
A mental health certificate may not be used to admit or detain a person in a facility—
(a) in the case of a person certified to be a mentally ill person, more than 5 days after it is given, or
(b) in the case of a person certified to be a mentally disordered person, more than one day after it is given.
In this section—
A medical practitioner or accredited person may examine or observe a person’s condition using an audio visual link for the purpose of determining whether to issue a mental health certificate if it is not reasonably practicable for a medical practitioner or accredited person to personally examine or observe the person for that purpose.
A medical practitioner or accredited person must not carry out an examination or observation using an audio visual link unless the medical practitioner or accredited person is satisfied that the examination or observation can be carried out in those circumstances with sufficient skill and care so as to form the required opinion about the person.
The regulations may make provision for or with respect to the audio visual link technology that may be used for the purposes of this section and the medical practitioners who may examine or observe a person for the purposes of this section.
An ambulance officer who provides ambulance services in relation to a person may take the person to a declared mental health facility if the officer believes on reasonable grounds that the person appears to be mentally ill or mentally disturbed and that it would be beneficial to the person’s welfare to be dealt with in accordance with this Act.
An ambulance officer may request police assistance if of the opinion that there are serious concerns relating to the safety of the person or other persons if the person is taken to a mental health facility without the assistance of a police officer.
A police officer to whose notice a police assistance endorsement on a mental health certificate, or a request for assistance by an ambulance officer under this Division, is brought must, if practicable—
(a) apprehend and take or assist in taking the person the subject of the certificate or request to a declared mental health facility, or
(b) cause or make arrangements for some other police officer to do so.
A police officer may enter premises to apprehend a person under this section, and may apprehend any such person, without a warrant and may exercise any powers conferred by section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.
Section 81 sets out the persons who may take a person to a mental health facility and their powers when doing so.
(cf 1990 Act, s 24)
A police officer who, in any place, finds a person who appears to be mentally ill or mentally disturbed may apprehend the person and take the person to a declared mental health facility if the officer believes on reasonable grounds that—
(a) the person is committing or has recently committed an offence or that the person has recently attempted to kill himself or herself or that it is probable that the person will attempt to kill himself or herself or any other person or attempt to cause serious physical harm to himself or herself or any other person, and
(b) it would be beneficial to the person’s welfare to be dealt with in accordance with this Act, rather than otherwise in accordance with law.
A police officer may apprehend a person under this section without a warrant and may exercise any powers conferred by section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.
(cf 1990 Act, s 27)
A Magistrate or authorised officer may, by order, authorise a medical practitioner or accredited person to visit and to personally examine or personally observe a person to ascertain whether a mental health certificate should be issued for the person.
An order may be made if the Magistrate or officer is satisfied, by evidence on oath, that—
(a) the person may be a mentally ill person or a mentally disordered person, and
(b) because of physical inaccessibility, the person could not otherwise be personally examined or personally observed.
The order may also authorise any other person (including a police officer) who may be required to assist the medical practitioner or accredited person to accompany the medical practitioner or accredited person.
A person authorised to visit a person or accompany another person may enter premises, if need be by force, in order to enable the examination or observation to be carried out.
A person who is examined or observed under this section may be detained in accordance with section 19.
A person who takes action under an order must, as soon as practicable after taking the action, notify the person who made the order in writing of the action.
In this section—
(cf 1990 Act, s 25)
A person may be taken to and detained in a declared mental health facility in accordance with an order made under Division 3 of Part 2 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
A person may be transferred from a health facility to a declared mental health facility and detained in the mental health facility if a medical officer of the health facility, or the authorised medical officer of the mental health facility, considers the person to be a mentally ill person or a mentally disordered person.
Any such person is taken to have been detained in the declared mental health facility under section 19 when the person is transferred to the facility.
(cf 1990 Act, s 23)
A person may be detained in a declared mental health facility on a written request made to the authorised medical officer by a designated carer, the principal care provider or a relative or friend of the person.
An authorised medical officer must not detain any such person unless the officer is satisfied that, because of the distance required in order for the person to be examined and the urgency of the circumstances, it is not reasonably practicable to have the person detained on the basis of a mental health certificate.
The following steps must be taken in relation to a person who is detained in a mental health facility under this Division—
(a) Step 1 Initial examination by authorised medical officer An authorised medical officer must examine the person as soon as practicable (but not later than 12 hours) after the person arrives at the facility or after the person is detained after being a voluntary patient.
The person must not be detained after the examination unless the officer certifies that, in the officer’s opinion, the person is a mentally ill person or a mentally disordered person.
(b) Step 2 Examination by second medical practitioner The authorised medical officer must cause the person to be examined by another medical practitioner as soon as possible after giving the certificate in step 1. The second examiner must be a psychiatrist if the authorised medical officer is not a psychiatrist.
The second examiner must notify the authorised medical officer if of the opinion that the person is a mentally ill person or a mentally disordered person or if not able to form such an opinion.
(c) Step 3 Examination by third medical practitioner if second examiner does not find person to be mentally ill or mentally disordered If the second examiner is not of the opinion that the person is a mentally ill person or a mentally disordered person, the authorised medical officer must cause the person to be examined by a medical practitioner who is a psychiatrist, as soon as practicable after being notified of that opinion.
The third examiner must notify the authorised medical officer if of the opinion that the person is a mentally ill person or a mentally disordered person.
(d) Step 4 Mental health inquiry or discharge An authorised medical officer must notify the Tribunal and bring the person before the Tribunal for a mental health inquiry if—
(i) the person is found to be a mentally ill person by an authorised medical officer on initial examination in step 1, and to be a mentally ill person or a mentally disordered person on examination in step 2 or step 3, or
(ii) the person is found to be a mentally disordered person by an authorised medical officer on initial examination in step 1, and to be a mentally ill person on examination in step 2 or step 3.
The person must be brought before the Tribunal as soon as practicable after admission (subject to meeting the requirements set out above).
If the third examiner does not find that the person is a mentally ill person or a mentally disordered person, the person must not be detained after the third examination.
(e) Step 5 Mentally disordered persons If a person is found to be a mentally disordered person by an authorised medical officer on initial examination in step 1, and is found to be a mentally disordered person on examination in step 2 or step 3, the person may be detained in the mental health facility as a mentally disordered person.
Any certification under subsection (1) (a) or notification under subsection (1) (b) or (c) of the opinion that a person is, after an examination under this section or section 27A, a mentally ill person or a mentally disordered person, is to be in the form prescribed by the regulations.
Any form used for the purposes of this section or section 27A (as in force immediately before the commencement of this subsection) is, until such time as a form is prescribed for the purposes of subsection (2), taken to be the form so prescribed.
If it is not reasonably practicable for an authorised medical officer of a mental health facility or other medical practitioner to personally examine a person or observe the person’s condition for the purpose of determining under section 27 whether the person is a mentally ill person or a mentally disordered person, the person may be examined or observed for that purpose—
(a) by a medical practitioner using an audio visual link, or
(b) by an accredited person authorised by the medical superintendent of the mental health facility to examine or observe the person or observe for that purpose—
(i) in person, or
(ii) using an audio visual link.
The examination or observation must be carried out by a medical practitioner who is a psychiatrist if that is a requirement of section 27.
A medical practitioner or accredited person must not carry out an examination or observation using an audio visual link under this section unless the medical practitioner or accredited person is satisfied that the examination or observation can be carried out in the circumstances with sufficient skill and care so as to form the required opinion about the person.
A medical practitioner who is not a psychiatrist, or an accredited person, who examines or observes a person under this section must, if it is reasonably practicable to do so, seek the advice of a psychiatrist before making a determination as to whether the person is a mentally ill person or a mentally disordered person. The psychiatrist is not required to examine or observe the person.
The regulations may make provision for or with respect to the audio visual link technology that may be used for the purposes of this section and the medical practitioners who may examine or observe a person for the purposes of this section.
An authorised medical officer or other medical practitioner or accredited person who examines a person detained in a mental health facility under this Division may take into account his or her own observations and any other available evidence that he or she considers reliable and relevant in forming an opinion as to whether the person is a mentally ill person or a mentally disordered person.
A medical practitioner or accredited person on whose certificate or request a person has been admitted to a mental health facility must not examine the person under section 27 or 27A.
If an authorised medical officer of a mental health facility becomes aware that a person detained in the mental health facility under this Division is a forensic patient, the officer is, as soon as is reasonably practicable, to notify the Tribunal.
(cf 1990 Act, s 31)
A person who authorises the administration of any medication to a person detained in a mental health facility under this Division—
(a) must have due regard to the possible effects of the administration of the medication, and
(b) must prescribe the minimum medication, consistent with proper care, to ensure that the person is not prevented from communicating adequately with any other person who may be engaged to represent the person at a mental health inquiry.
(cf 1990 Act, s 54)
An authorised medical officer may classify an assessable person as a voluntary patient at any time before a mental health inquiry is held about the person, but only if—
(a) the authorised medical officer is of the opinion that the person is likely to benefit from care or treatment as a voluntary patient, and
(b) the patient agrees to be so classified or, if the person is a person under guardianship or is under the age of 14 years, the person is admitted in accordance with the procedures under this Act applicable to admitting any such person as a voluntary patient.
(cf 1990 Act, s 35)
A person detained as a mentally disordered person under step 5 in section 27 (e) must not be detained in a mental health facility for a continuous period of more than 3 days (not including weekends and public holidays).
If an authorised medical officer of a mental health facility is of the opinion that an assessable person has ceased to be a mentally ill person but is a mentally disordered person, the person must not be further detained in the facility for a continuous period of more than 3 days (not including weekends and public holidays).
An authorised medical officer must examine a mentally disordered person detained in a mental health facility at least once every 24 hours.
The person must not be further detained in the mental health facility if, on any such examination, the authorised medical officer is of the opinion that the person is not a mentally disordered person or a mentally ill person or that other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person.
A person must not be admitted to and detained in a mental health facility on the grounds that the person is a mentally disordered person on more than 3 occasions in any 1 calendar month.
(cf 1990 Act, ss 36, 37, 37A)
This section applies to a person detained in a mental health facility under this Part who is required not to be detained or further detained in the facility and who was taken to the facility—
(a) by a police officer under this Division after being apprehended by a police officer because the officer believed the person to be committing or to have recently committed an offence, or
(b) on the order of a Magistrate under Division 3 of Part 2 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
An authorised medical officer must release the person into the custody of any relevant person who is present at the mental health facility to ascertain the results of any examination or examinations of the person.
If a relevant person is not so present when the authorised medical officer becomes aware that the person must not be detained or further detained, the authorised medical officer must, as soon as practicable, notify a police officer at the appropriate police station that the person will not be further detained.
The authorised medical officer may take any of the following actions in relation to a person (other than a person referred to in subsection (5)), after considering any matter communicated by a police officer as to the intended apprehension of the person by a police officer—
(a) detain the person for a period not exceeding 2 hours pending the person’s apprehension by a police officer,
(b) admit the person in accordance with this Act as a voluntary patient,
(c) discharge the person, in so far as it may be possible to do so, into the care of a designated carer or the principal care provider of the person,
(d) discharge the person.
If the person is a person ordered to be brought back before a court under section 19(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020—
(a) it is the duty of the police officer notified by the authorised medical officer to ensure that a police officer attends the mental health facility and apprehends the person as soon as practicable after notification, and
(b) the authorised medical officer must detain the person pending the person’s apprehension by a police officer.
A police officer may apprehend a person under this section without a warrant.
In subsections (2) and (3)—
(a) if the detained person was taken to the mental health facility on an order under Division 3 of Part 2 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, any person (including a police officer) charged by the order with taking the person from the facility, or
(b) in any other case, a police officer.
Despite any other provision of this Act, an authorised medical officer is not required—
(a) to take or complete a step referred to in section 27, or
(b) to bring a person before the Tribunal for a mental health inquiry,
while the person is suffering from a condition or illness other than a mental illness or other mental condition and is not, in the officer’s opinion, fit to be the subject of the proposed action due to the seriousness of the person’s condition or illness.
The Tribunal must hold an inquiry about an assessable person under step 4 in section 27 (d).
Section 27 sets out the events that result in a mental health inquiry. Notice of the inquiry is to be given to the person concerned, and all reasonably practicable steps are to be taken to notify designated carers and the principal care provider in accordance with section 76.
An authorised medical officer of the mental health facility in which an assessable person is detained—
(a) must ensure that, as far as practicable, the person is brought before the Tribunal dressed in street clothes, and
(b) must make all necessary arrangements to ensure that all appropriate medical witnesses appear before the Tribunal and other relevant medical evidence concerning the person is placed before the Tribunal at or before the inquiry, and
(c) as soon as practicable after notifying the Tribunal under section 27 (d), and at or before the inquiry, must provide the Tribunal with all relevant medical reports of the examinations in step 1 or step 2, as referred to in section 27 (d), and any additional information required by the Tribunal for the purposes of the inquiry.
An assessable person, or any other person, may, with the approval of the Tribunal and subject to the regulations (if any), be brought or appear before the Tribunal by way of audio visual link.
Any designated carer or the principal care provider of an assessable person may, with the approval of the Tribunal, appear at an inquiry.
The Tribunal must be constituted by at least one member who is the President or a Deputy President for the purposes of a mental health inquiry (see section 150 (2A)). Other provisions relating to the Tribunal’s procedures generally, that apply to mental health inquiries and other proceedings, are set out in Part 2 of Chapter 6.
(cf 1990 Act, ss 50–52)
The Tribunal when holding a mental health inquiry is to determine whether or not, on the balance of probabilities, the assessable person is a mentally ill person.
For that purpose, the Tribunal is to do the following—
(a) consider the reports and recommendations of the authorised medical officer and other medical practitioners who examined the person under section 27 after the person’s detention,
(b) consider any other information before the Tribunal,
(c) inquire about the administration of any medication to the person and take account of its effect on the person’s ability to communicate,
(d) have due regard to any cultural factors relating to the person that may be relevant to the determination,
(e) have due regard to any evidence given at the inquiry by an expert witness concerning the person’s cultural background and its relevance to any question of mental illness.
As soon as practicable after the beginning of a mental health inquiry, the Tribunal must ask the assessable person whether the person—
(a) has been given a written statement, in the prescribed form, of the person’s legal rights and other entitlements, as required by section 74, and
(b) has been informed of the duty imposed under section 76 on the authorised medical officer relating to the giving of the notice specified in that section.
As soon as practicable after the beginning of a mental health inquiry, the Tribunal must ascertain from the authorised medical officer whether the written statement and notice referred to in subsection (2A) have been given or all such things as are reasonably practicable have been done to give that statement or notice, as the case requires.
If the Tribunal is not satisfied, on the balance of probabilities, that an assessable person is a mentally ill person, the Tribunal must order that the person be discharged from the mental health facility.
The Tribunal may defer the operation of an order for the discharge of a person for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the person to do so.
If the Tribunal is satisfied, on the balance of probabilities, that an assessable person is a mentally ill person, the Tribunal may make any of the following orders—
(a) an order that the person be discharged into the care of a designated carer or the principal care provider of the person,
(b) a community treatment order,
(c) an order that the person be detained in or admitted to and detained in a mental health facility for further observation or treatment, or both, as an involuntary patient, for a specified period of up to 3 months, if the Tribunal is of the opinion that no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available or that for any other reason it is not appropriate to make any other order under this subsection.
The Tribunal may, from time to time, adjourn a mental health inquiry for a period not exceeding 14 days.
Without limiting subsection (1), the Tribunal may adjourn the inquiry if it is not satisfied—
(a) that the assessable person has been informed of the duty imposed under section 76 on the authorised medical officer relating to the giving of the notice specified in that section, or
(b) that the notice specified in the section has been given or all such things as are reasonably practicable have been done to give that notice.
The Tribunal may adjourn an inquiry under this section only if—
(a) the Tribunal is of the opinion that it is in the best interests of the assessable person to do so, and
(b) the Tribunal has considered any certificates given under this Act available to the Tribunal.
If an inquiry is adjourned, the assessable person is to continue to be detained in the mental health facility unless the person is discharged or allowed to be absent from the facility under another provision of this Act.
The Tribunal must review the case of each involuntary patient as follows—
(a) at the end of the patient’s initial period of detention as a result of a mental health inquiry,
(b) at least once every 3 months for the first 12 months the person is an involuntary patient,
(c) at least once every 6 months while the person is an involuntary patient after the first 12 months of detention.
The Tribunal may review the case of an involuntary patient at such other times as it sees fit.
An authorised medical officer must cause an involuntary patient to be brought before the Tribunal—
(a) as soon as practicable before the end of the initial period of detention, if it appears to the officer that the person should continue to be detained, and
(b) at such other times as may be required by the Tribunal for the purposes of any review under this section.
The authorised medical officer must ensure that, as far as practicable, a person brought before the Tribunal is dressed in street clothes.
The Tribunal may review the case of an involuntary patient in the absence of the patient if—
(a) the authorised medical officer applies to have the review carried out in the absence of the patient because the patient has refused to attend the review or because the officer is of the opinion that the patient is too unwell to attend the review, and
(b) the Tribunal is satisfied that the patient has refused to attend or is too unwell to attend and is unlikely to be well enough to attend within a reasonable period, and
(c) the Tribunal is satisfied that any
representative of the patient (being an Australian legal practitioner, or other person approved by the Tribunal, who is representing the patient for the purposes of the review) has been notified of the review, andNote. Section 154 contains provisions relating to the right to representation.
(d) the Tribunal has considered the views (if known) of each of the following—
(i) the patient,
(ii) any representative of the patient,
(iii) the designated carer of the patient,
(iv) the principal care provider of the patient, and
(e) the Tribunal is of the opinion that carrying out the review in the absence of the patient is desirable for the safety or welfare of the patient.
Despite subsection (1) (c), the Tribunal may review the case of an involuntary patient at intervals of up to 12 months if it is of the opinion that it is appropriate to do so.
The Tribunal is, on a review of an involuntary patient, to determine whether the patient is a mentally ill person for whom no other care (other than care in a mental health facility) is appropriate and reasonably available.
For that purpose, the Tribunal is to do the following—
(a) consider any information before it,
(b) inquire about the administration of any medication to the patient and take account of its effect on the patient’s ability to communicate.
If the Tribunal determines that the patient is not a mentally ill person, the patient must be discharged from the mental health facility in which the patient is detained.
If the Tribunal determines that the patient is a mentally ill person and that no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the patient, the Tribunal must make an order that the patient continue to be detained as an involuntary patient in a mental health facility for further observation or treatment, or both.
In any other case that the Tribunal determines that a patient is a mentally ill person, it must make an order that the patient be discharged from the mental health facility in which the patient is detained and may make any of the following orders—
(a) an order that the patient be discharged into the care of a designated carer or the principal care provider of the person,
(b) a community treatment order.
The Tribunal may defer the operation of an order for the discharge of a patient for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the patient to do so.
An order made by the Tribunal under this section is to be in the form approved by the President.
(cf 1990 Act, s 61)
An authorised medical officer must medically examine each involuntary patient of the mental health facility, or cause each involuntary patient to be medically examined, to determine whether the patient’s continued detention in the facility is necessary.
The medical examinations are to be carried out at intervals of not more than 3 months.
(cf 1990 Act, s 64)
An involuntary patient may be classified as a voluntary patient of the mental health facility in which the patient is detained—
(a) by an authorised medical officer at any time, or
(b) by the Tribunal when conducting a review of the patient.
A patient may be so classified only if—
(a) the authorised medical officer or Tribunal is of the opinion that the patient is likely to benefit from care or treatment as a voluntary patient, and
(b) the patient agrees to be so classified or, if the patient is a person under guardianship, the patient is admitted in accordance with the procedures under this Act applicable to admitting such persons as voluntary patients.
Without limiting subsection (1), a person who is discharged as an involuntary patient may be admitted as a voluntary patient immediately on discharge.
For additional circumstances when a patient or person must be released from a mental health facility, see section 12.
(cf 1990 Act, s 132)
An authorised medical officer must discharge a patient or person who is detained in a mental health facility when a community treatment order is made about the patient or person and any order authorising the patient’s or person’s detention ceases to have effect.
This section does not prevent an affected person subject to a community treatment order from being admitted to or detained in a mental health facility.
This section is subject to any order made under section 53 deferring the discharge of an involuntary patient.
(cf 1990 Act, s 67)
An involuntary patient of a mental health facility or another person detained in a mental health facility may make an application to the authorised medical officer to be discharged.
The authorised medical officer may discharge the patient or person.
The authorised medical officer may also classify a patient as a voluntary patient (see section 40).
(cf 1990 Act, s 68)
Any designated carer or the principal care provider of an involuntary patient or another person detained in a mental health facility may, at any time, apply to an authorised medical officer of the mental health facility for the discharge of the patient or person.
The authorised medical officer may discharge the patient or person if—
(a) the applicant gives the authorised medical officer a written undertaking that the patient or person will be properly taken care of, and
(b) the authorised medical officer is satisfied that adequate measures will, so far as is reasonably practicable, be taken to prevent the patient or person from causing harm to himself or herself or others.
An authorised medical officer of a mental health facility must, as soon as is reasonably practicable, notify the Tribunal of the discharge of a person detained in the mental health facility whom the officer knows is a forensic patient.
(cf 1990 Act, ss 69, 70)
An involuntary patient or person detained at a mental health facility (the
(a) the authorised medical officer refuses the application, or
(b) the authorised medical officer fails to determine the application within 3 working days after it is made.
An appeal may be made orally or in writing and is to be made in accordance with the regulations.
The authorised medical officer must provide the Tribunal with a report about the applicant, including the officer’s reasons for refusing to discharge the applicant or failing to determine the application.
For the purpose of determining an appeal, the Tribunal has and may exercise the functions of the authorised medical officer with respect to the discharge application and may make an order accordingly.
In addition, the Tribunal may determine that no further right of appeal may be exercised under this section before the date on which the person is next reviewed by the Tribunal under this Act, if it thinks it appropriate to do so, having regard to the following—
(a) the interval between the last determination under this Act that the applicant was a mentally ill person and the date of the appeal,
(b) the frequency of appeals under this section made by or on behalf of the applicant,
(c) the last report about the applicant by the authorised medical officer under this section,
(d) any other matter the Tribunal considers relevant.
The Tribunal may defer the operation of an order under this section for the discharge of a person for a period of up to 14 days, if the Tribunal decides it is in the best interests of the person to do so.
The Tribunal may, on application, make a community treatment order for an involuntary patient or detained person who is the subject of an appeal (see section 51).
(cf 1990 Act, ss 72, 73)
An authorised medical officer must review the mental health and welfare of a patient or person detained in a mental health facility under this Act who is absent from the mental health facility with permission if the absence is for a continuous period of more than 28 days.
The authorised medical officer must discharge the patient or person following the review unless the officer is of the opinion that further detention of the patient or person in the facility is necessary.
An authorised medical officer of a mental health facility must discharge a patient or person detained in the facility under this Act who is absent from the mental health facility for a single period exceeding 12 months.
This Division applies to an involuntary patient or a person who is detained in a mental health facility under this Act.
An authorised medical officer may permit a person to be absent from a mental health facility for the period, and on the conditions, that the officer thinks fit.
Permission may be given on compassionate grounds, on the ground that medical treatment is required or on any other ground the authorised medical officer thinks fit.
A person may also be transferred from a mental health facility to another health facility on medical grounds (see section 80).
An authorised medical officer may not grant leave of absence unless the officer is satisfied that, as far as is practicable, adequate measures have been taken to prevent the person concerned from causing harm to himself or herself or others.
(cf 1990 Act, ss 75, 76)
An authorised medical officer of a mental health facility may apprehend a person, or direct a person to be apprehended, if—
(a) the person fails to return to the facility on or before the expiry of a permitted period of absence granted under this Part or fails to comply with a condition of the permission, or
(b) the person absents himself or herself from the facility otherwise than in accordance with this Act.
The person may be apprehended by any of the following persons—
(a) an authorised medical officer or any other suitably qualified person employed at the mental health facility,
(b) a police officer,
(c) a person authorised by the Minister or the authorised medical officer,
(d) a person assisting a person referred to in paragraph (a), (b) or (c).
A person who is apprehended is to be conveyed to and detained in the mental health facility from which the person absented himself or herself (whether directly or indirectly by way of another mental health facility).
An authorised medical officer may request that a police officer apprehend, or assist in apprehending, a person under this Division if the officer is of the opinion that there are serious concerns relating to the safety of the person or other persons if the person is taken to a mental health facility without the assistance of a police officer.
A police officer to whose notice any such request is brought may—
(a) apprehend and take or assist in taking the person to the mental health facility from which the person absented himself or herself, or
(b) cause or make arrangements for some other police officer to do so.
A police officer may enter premises to apprehend a person under this section or section 48, and may apprehend any such person, without a warrant and may exercise any powers conferred under section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.
Section 81 sets out the persons who may take a person to a mental health facility and their powers when doing so.
In this Part—
A community treatment order authorising the compulsory treatment in the community of a person may be made by the Tribunal.
Section 56 sets out the matters to be included in community treatment orders.
The following persons may apply for a community treatment order for the treatment of a person—
(a) the authorised medical officer of a mental health facility in which the affected person is detained or is a patient under this Act,
(b) a medical practitioner who is familiar with the clinical history of the affected person,
(c) any other person prescribed by the regulations.
An application may be made about a person who is detained in or a patient in a mental health facility or a person who is not in a mental health facility.
An application may be made about a person who is subject to a current community treatment order.
A community treatment order may be made in the following circumstances and may replace an existing order—
(a) following a mental health inquiry,
(b) on a review of a patient by the Tribunal,
(c) on an application otherwise being made to the Tribunal.
Without limiting subsection (5) (c), an application for a community treatment order may be made, and determined by the Tribunal, in the same proceedings as an appeal under section 44.
The applicant for a community treatment order must notify the affected person in writing of the application.
The notice of the application is to include a copy of the proposed treatment plan for the affected person.
If the affected person is not detained in a mental health facility, the application must be heard not earlier than 14 days after the notice is given to the affected person.
Subsection (3) does not apply—
(a) to an application for a further community treatment order in respect of an affected person who was the subject of a current community treatment order when the notice was given, or
(b) if the Tribunal decides it is in the best interests of the affected person that the application be heard earlier than 14 days after the notice is given.
As soon as practicable after becoming aware of the application, the director of community treatment of the declared mental health facility at which the treatment plan is proposed to be implemented must take all reasonably practicable steps to give written notice of the application to—
(a) each designated carer of the affected person, and
(b) the principal care provider of the affected person, if the principal care provider is not a designated carer.
The Tribunal is, on an application for a community treatment order, to determine whether the affected person is a person who should be subject to the order.
For that purpose, the Tribunal is to consider the following—
(a) a treatment plan for the affected person proposed by the declared mental health facility that is to implement the proposed order,
(b) if the affected person is subject to an existing community treatment order, a report by the psychiatric case manager of the person as to the efficacy of that order,
(c) a report as to the efficacy of any previous community treatment order for the affected person,
(d) any other information placed before the Tribunal.
The Tribunal may make a community treatment order for an affected person if the Tribunal determines that—
(a) no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person and that the affected person would benefit from the order as the least restrictive alternative consistent with safe and effective care, and
(b) a declared mental health facility has an appropriate treatment plan for the affected person and is capable of implementing it, and
(c) if the affected person has been previously diagnosed as suffering from a mental illness, the affected person has a previous history of refusing to accept appropriate treatment.
If the affected person has within the last 12 months been a forensic patient or the subject of a community treatment order, the Tribunal is not required to make a determination under subsection (3) (c) but must be satisfied that the person is likely to continue in or to relapse into an active phase of mental illness if the order is not granted.
The Tribunal may not make a community treatment order at a mental health inquiry unless the Tribunal is of the opinion that the person is a mentally ill person.
For the purposes of this section, a person has a
(a) the affected person has previously refused to accept appropriate treatment,
(b) when appropriate treatment has been refused, there has been a relapse into an active phase of mental illness,
(c) the relapse has been followed by mental or physical deterioration justifying involuntary admission to a mental health facility (whether or not there has been such an admission),
(d) care and treatment following involuntary admission resulted, or could have resulted, in an amelioration of, or recovery from, the debilitating symptoms of a mental illness or the short-term prevention of deterioration in the mental or physical condition of the affected person.
The Tribunal must not specify a period longer than 12 months as the period for which a community treatment order is in force.
In determining the duration of a community treatment order, the Tribunal must take into account the estimated time required—
(a) to stabilise the condition of the affected person, and
(b) to establish, or re-establish, a therapeutic relationship between the person and the person’s psychiatric case manager.
The Tribunal may order that the discharge of an involuntary patient for whom a community treatment order is made be deferred for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the patient to do so.
A treatment plan for an affected person is to consist of the following—
(a) in general terms, an outline of the proposed treatment, counselling, management, rehabilitation or other services to be provided to implement the community treatment order,
(b) in specific terms, the method by which, the frequency with which, and the place at which, the services would be provided for that purpose.
The Tribunal may make a community treatment order in the absence of the affected person, if the person has been given notice of the application under this Part.
A community treatment order is to—
(a) nominate the declared mental health facility that is to implement the treatment plan for the affected person, and
(b) require the affected person to be present, at the reasonable times and places specified in the order to receive the medication and therapy, counselling, management, rehabilitation and other services provided in accordance with the treatment plan.
A community treatment order ceases to have effect at the end of the period specified in the order or, if no period is specified, 12 months after the order is made.
Section 53 (6) specifies that the maximum period for an order is to be 12 months.
A community treatment order has no effect while an affected person is detained in a mental health facility (otherwise than under this Part), or is a voluntary patient.
The fact that an affected person is the subject of proceedings before the Tribunal does not, unless the Tribunal otherwise orders, affect the operation or duration of the community treatment order.
The time for which a community treatment order is in force does not cease to run during any period in which this section provides that it has no effect.
The Tribunal may vary or revoke a community treatment order in accordance with section 65.
(cf 1990 Act, ss 145, 146)
The affected person must comply with the community treatment order.
The director of community treatment of the declared mental health facility implementing a treatment plan under a community treatment order may take all reasonable steps to have medication administered, and services provided, in accordance with the order.
Medication may be administered to an affected person for the purposes of a community treatment order without the person’s consent if it is administered without the use of more force than would be required if the person had consented to its administration.
The director of community treatment of a declared mental health facility implementing a treatment plan under a community treatment order must provide to the affected person particulars of the kind and dosages of medication that are being administered, or have recently been administered, to the person, if requested to do so by—
(a) the affected person, or
(b) any designated carer or the principal care provider of the affected person, or
(c) if the affected person consents, another person who would be entitled to apply for a community treatment order in relation to the person.
A person implementing a treatment plan under a community treatment order may enter the land (but not the dwelling) on which an affected person’s residence is situated without the person’s consent for the purpose of implementing the community treatment order.
The director of community treatment of a declared mental health facility implementing a community treatment order must take the steps set out in this section if the affected person in any way refuses or fails to comply with the community treatment order and the director is of the opinion that—
(a) the mental health facility has taken all reasonable steps to implement the order, and
(b) there is a significant risk of deterioration in the mental or physical condition of the affected person.
The director must—
(a) make a written record of the opinions, the facts on which they are based and the reasons for forming them, and
(b) cause the affected person to be informed that any further refusal to comply with the order will result in the person being taken to the declared mental health facility or another appropriate mental health facility and treated there, and
(c) take all reasonably practicable steps to notify the following persons of the action taken under paragraphs (a) and (b)—
(i) each designated carer of the affected person,
(ii) the principal care provider of the affected person, if the principal care provider is not a designated carer.
On a further refusal or failure by the affected person to comply with the community treatment order, the director may cause the person to be given a written notice (a
(a) requiring the person to accompany a member of staff of the NSW Health Service employed at the declared mental health facility for treatment in accordance with the order or to a specified mental health facility, and
(b) warning the person that the assistance of a police officer may be obtained in order to ensure compliance with the order.
On the refusal or failure by the affected person to comply with a breach notice, the director may, in writing, make an order (a
For the purposes of subsection (3), the director causes a person to be given a breach notice if the director ensures that—
(a) the notice is handed directly to the person, or
(b) if it is not reasonably practicable to hand the notice directly to the person, the notice is given to the person in a way specified in section 192(1)(a)(ii), (iv) or (v).
The director must take all reasonably practicable steps to give a copy of a breach notice and a breach order to—
(a) each designated carer of the affected person, and
(b) the principal care provider of the affected person, if the principal care provider is not a designated carer.
A police officer to whose notice a breach order is brought must, if practicable—
(a) apprehend and take or assist in taking the person the subject of the order to the mental health facility, or
(b) cause or make arrangements for some other police officer to do so.
A police officer may enter premises to apprehend a person under this section, and may apprehend any such person, without a warrant and may exercise any powers conferred by section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.
Section 81 sets out the persons who may take a person to a mental health facility and their powers when doing so.
An affected person who is at a mental health facility as a result of the giving of a breach notice or a breach order—
(a) may be given treatment in accordance with the community treatment order, and
(b) may be assessed by a medical practitioner for involuntary admission to a mental health facility.
A person who is at a mental health facility as a result of a breach notice or breach order may be released after treatment if treatment is accepted or may be dealt with at the mental health facility or taken to another declared mental health facility if treatment is refused.
(cf 1990 Act, ss 141, 142)
This section applies to an affected person who is taken to or is at a declared mental health facility after refusing treatment at a mental health facility consequent on a breach order.
An authorised medical officer must, not later than 12 hours after the person is taken to the declared mental health facility, review the affected person’s mental condition and determine whether the person is a mentally ill person or a mentally disordered person.
The authorised medical officer may cause the person to be given treatment in accordance with the community treatment order.
If the authorised medical officer determines that the affected person is a mentally ill person or a mentally disordered person for whom no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate or reasonably available, the person is to be detained in the declared mental health facility for further observation or treatment, or both.
The affected person may be detained until one of the following events occurs—
(a) in the case of a mentally ill person, the term of the community treatment order ends or the person is discharged from the declared mental health facility under this Act,
(b) in the case of a mentally disordered person, the maximum period for which a person may be held as such a person under Part 2 ends, the term of the community treatment order ends or the person is discharged from the declared mental health facility under this Act.
An authorised medical officer must medically examine each affected person detained in a mental health facility to determine whether the person’s continued detention in the facility is necessary.
The medical examinations are to be carried out at intervals of not more than 3 months.
An affected person detained in a declared mental health facility under this Division must be discharged from the facility—
(a) if the authorised medical officer determines that the person is not a mentally ill person or a mentally disordered person or is of the opinion that other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person, or
(b) if the authorised medical officer decides at any time that it is appropriate to do so.
An authorised medical officer may do all necessary things to cause a person to be detained in a mental health facility under Part 2 at the end of the term of a community treatment order if the officer considers the person to be a mentally ill person.
Any such person is taken to be detained in the mental health facility under section 19 when the authorised medical officer takes action to detain the person.
(cf 1990 Act, s 143A)
An authorised medical officer must cause a person detained in a declared mental health facility under this Division to be brought before the Tribunal not later than 3 months after the person is detained, and at least every 3 months while the person is detained.
The authorised medical officer must ensure that, as far as practicable, a person brought before the Tribunal is dressed in street clothes.
The Tribunal may review the case of the affected person in the absence of the affected person if—
(a) the authorised medical officer applies to have the review carried out in the absence of the affected person because the affected person has refused to attend the review or because the officer is of the opinion that the affected person is too unwell to attend the review, and
(b) the Tribunal is satisfied that the affected person has refused to attend or is too unwell to attend and is unlikely to be well enough to attend within a reasonable period, and
(c) the Tribunal is satisfied that any
representative of the affected person (being an Australian legal practitioner, or other person approved by the Tribunal, who is representing the affected person for the purposes of the review) has been notified of the review, andNote. Section 154 contains provisions relating to the right to representation.
(d) the Tribunal has considered the views (if known) of each of the following—
(i) the affected person,
(ii) any representative of the affected person,
(iii) the designated carer of the affected person,
(iv) the principal care provider of the affected person, and
(e) The Tribunal is of the opinion that carrying out the review in the absence of the affected person is desirable for the safety or welfare of the affected person.
This section does not apply if the affected person’s community treatment order will end less than 3 months after the person is detained under this Division.
(cf 1990 Act, s 143A)
The Tribunal is, on a review of an affected person, to determine whether the person is a mentally ill person for whom no other care (other than care in a mental health facility) is appropriate and reasonably available.
For that purpose, the Tribunal is to do the following—
(a) consider any information before it,
(b) inquire about the administration of any medication to the person and take account of its effect on the person’s ability to communicate.
If the Tribunal determines that the affected person is a mentally ill person or a mentally disordered person for whom no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate or reasonably available, the Tribunal must determine whether the person should be detained in the declared mental health facility until the end of the community treatment order or should be detained in the facility as an involuntary patient.
(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and
(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the President or a Deputy President.
However, a President or Deputy President who is a full-time member of the Tribunal and the holder of a judicial office is entitled to be paid the higher of the following—
(a) remuneration and allowances in accordance with subclause (1),
(b) remuneration and allowances as the holder of that judicial office.
A member, other than the President or a Deputy President, is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
In this clause—
Subject to clause 5(1A), the appointment of a person who is the holder of a judicial office as a President or full-time Deputy President, or service by a person who is the holder of a judicial office as a President or full-time Deputy President, does not affect the person’s tenure of that judicial office or the person’s rank, title, status, precedence, salary, allowances or other rights or privileges as the holder of that judicial office.
This subclause preserves the tenure, rights and privileges of a person who is a President or full-time Deputy President of the Tribunal and also the holder of a judicial office. However, the preservation of the rights in relation to remuneration and allowances is subject to clause 5(1A). Under clause 5(1A), a person who is a President or full-time Deputy President of the Tribunal and the holder of a judicial office is entitled to the higher of the remuneration and allowances under this schedule or as the holder of the judicial office, but not remuneration and allowances in both capacities.
For all purposes, the person’s service as a President or full-time Deputy President is to be taken to be service as the holder of that judicial office.
This clause extends to any person who, at the commencement of this clause, is a current President and the holder of a judicial office.
The amendments made to this clause by the Mental Health Legislation Amendment Act 2025 extend to a person who, at the commencement of this subclause, is a current President or full-time Deputy President and the holder of the office of Magistrate.
In this clause,
A Deputy President, while holding office as a Deputy President, has, subject to the conditions of appointment specified in the instrument of appointment and to any direction given by the President, the powers, authorities, privileges and immunities of and is to perform the duties of the President.
No person is to be concerned to inquire whether or not any occasion has arisen authorising a Deputy President to exercise the functions of the President and all acts or things done or omitted or suffered to be done by a Deputy President when exercising those functions are as valid and effectual and have the same consequences as if they had been done or omitted or suffered to be done by the President.
The Minister may, from time to time, appoint as the deputy of a member, a person who holds the same qualifications, if any, as are required to be held by the person for whom he or she is the deputy.
In the absence of a member, the member’s deputy—
(a) is, if available, to act in the place of the member, and
(b) while so acting, has all the functions of the member and is to be taken to be the member.
Subject to clause 6 (1), the deputy of a member who is the President or a Deputy President has the member’s functions as President or Deputy President.
A person while acting in the place of a member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
The office of a member becomes vacant if the member—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is removed from office by the Minister under this clause or by the Governor under Part 6 of the Government Sector Employment Act 2013, or
(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or
(h) being a full-time member, engages in any paid employment outside the duties of the office of member, except with the consent of the Minister.
The Minister may remove a member from office at any time.
If the office of a member becomes vacant, a person who holds the same qualification, if any, as the member whose office has become vacant is, subject to this Act, to be appointed to fill the vacancy.
The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
If by or under any Act provision is made—
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, and
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a part-time member or from accepting and retaining any remuneration payable to the person under this Act as such a part-time member.
The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
In this clause—
This clause applies to a member who, immediately before being appointed as a member, was—
(a) a Public Service employee, an officer of the Teaching Service or a member of staff of the NSW Health Service, or
(b) a contributor to a superannuation scheme, or
(c) a member of staff of a statutory body, or
(d) a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as such an employee, officer or member of staff.
Subject to the terms of the member’s appointment, the member—
(a) is to retain any rights accrued or accruing to the member as such an employee, officer, contributor or member of staff, and
(b) may continue to contribute to any superannuation scheme to which the member was a contributor immediately before being appointed as a member, and
(c) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,
as if the member had continued to be such an employee, officer, contributor or member of staff during his or her service as a member.
Service as a member is to be regarded as service as an employee, officer or member of staff for the purpose of any law under which any such rights accrued or were accruing, under which he or she continues to contribute to any such superannuation scheme or by which any such entitlement is conferred.
For the purposes of the superannuation scheme to which the member is entitled to contribute under this clause, the member is to be regarded as an employee, officer or member of staff and the Government of New South Wales is to be regarded as the employer.
If a member would, but for this subclause, be entitled under subclause (3) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme—
(a) he or she is not so entitled on becoming (whether on appointment as a member or at any later time while holding office as a member) a contributor to any other superannuation scheme, and
(b) the provisions of subclause (5) cease to apply to or in respect of him or her in any case where he or she becomes a contributor to any such other superannuation scheme.
Subclause (6) does not prevent the payment to a member (on his or her ceasing to be a contributor to a superannuation scheme) of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be an employee, officer or member of staff for the purposes of the scheme.
A member is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act.
The Governor may, by proclamation published in the Gazette, declare any body constituted by or under any Act to be a statutory body for the purposes of this Schedule.
(Section 198)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Mental Health Legislation Amendment (Forensic Provisions) Act 2008
• Courts and Crimes Legislation Further Amendment Act 2008
• Health Legislation Amendment Act 2009 (but only to the extent that it amends this Act)
• Health Legislation Further Amendment Act 2010
• another Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
Any act, matter or thing done or omitted to be done under a provision of the 1990 Act and having any force or effect immediately before the commencement of a provision of this Act or the Mental Health (Criminal Procedure) Act 1990 that replaces that provision is, on that commencement, taken to have been done or omitted under the provision of this Act or the Mental Health (Criminal Procedure) Act 1990.
This clause does not apply—
(a) to the extent that its application is inconsistent with any other provision of this Schedule or a provision of a regulation under clause 1, or
(b) to the extent that its application would be inappropriate in a particular case.
A reference (however expressed) in any other Act, in any instrument made under an Act or in any other instrument of any kind—
(a) to an admission centre or a mental hospital, or both, within the meaning of the 1958 Act or to a hospital within the meaning of the 1990 Act—is to be read as a reference to a declared mental health facility, or
(b) to an authorised hospital within the meaning of the 1958 Act or the 1990 Act—is to be read as a reference to a private mental health facility, or
(c) to a hospital for the insane, a hospital for the criminal insane or a reception-house, or any combination of those expressions, within the meaning of the 1898 Act—is to be read as a reference to a mental health facility, or
(d) to a licensed house within the meaning of the 1898 Act—is to be read as a reference to a private mental health facility.
A reference (however expressed) in any other Act, in any instrument made under an Act or in any other instrument of any kind—
(a) to a mentally ill person within the meaning of the 1958 Act or the 1990 Act—is to be read as a reference to a mentally ill person within the meaning of this Act, or
(b) to a voluntary patient within the meaning of the 1958 Act or an informal patient within the meaning of the 1983 or 1990 Act—is to be read as a reference to a voluntary patient within the meaning of this Act, or
(c) to a temporary patient within the meaning of the 1958 Act, the 1983 Act or the 1990 Act—is to be read as a reference to an involuntary patient within the meaning of this Act, or
(d) to a continued treatment patient within the meaning of the 1958 Act, the 1983 Act or the 1990 Act—is to be read as a reference to an involuntary patient within the meaning of this Act, or
(e) to a person under detention under Part 7 of the 1958 Act or a forensic patient within the meaning of the 1983 Act or the 1990 Act—is to be read as a reference to a forensic patient within the meaning of this Act, or
(f) to a patient within the meaning of the 1958 Act—is to be read as a reference to a patient (other than a voluntary patient) within the meaning of this Act, or
(g) to a person detained in an admission centre under section 12 of the 1958 Act—is to be read as a reference to a person taken to and detained in a mental health facility under Part 2 of Chapter 3 of this Act, or
(h) to a patient or an insane patient, or both, within the meaning of the 1898 Act—is to be read as a reference to a patient (other than a voluntary patient) within the meaning of this Act, or
(i) to a lunatic within the meaning of the 1898 Act—is to be read as a reference to a mentally ill person.
A reference (however expressed) in any other Act, in any instrument made under an Act or in any other instrument of any kind—
(a) to a provision of the 1958 Act or of the 1898 Act—is, except as provided by paragraph (c), to be read as a reference to the corresponding provision, if any, of this Act or of the Protected Estates Act 1983, as the case requires, or
(b) to the 1958 Act or the 1898 Act—is, except as provided by paragraph (c), to be read as a reference to this Act or the Protected Estates Act 1983, as the case requires, or
(c) to the keeping in strict custody pursuant to section 23 (3) of the 1958 Act of any person—is to be read as a reference to the detention of that person pursuant to section 25 or 39, as the case requires, of the Mental Health (Criminal Procedure) Act 1990.
A place that was, immediately before the repeal of section 208 of the 1990 Act, the subject of an order in force under that section is taken to be a declared mental health facility the subject of an order in force under section 109 of this Act and this Act applies accordingly.
A place that was, immediately before the repeal of section 212 of the 1990 Act, licensed under that section is taken to be the subject of a licence in force under section 116 of this Act and this Act applies accordingly.
A person appointed as a medical superintendent or a deputy medical superintendent of a hospital under the 1990 Act immediately before the repeal of the provision of that Act under which the person was appointed is taken to be appointed under the corresponding provision of this Act as the medical superintendent or deputy medical superintendent of the mental health facility concerned and this Act applies accordingly.
The term of appointment of any such person as a medical superintendent or deputy medical superintendent ends on the day on which the term under the 1990 Act would have ended, subject to any re-appointment of the person under this Act.
A person appointed as the director or a deputy director of a heath care agency under the 1990 Act immediately before the repeal of the provision of that Act under which the person was appointed is taken to be appointed under this Act as the director of community treatment or deputy director of community treatment of the mental health facility concerned and this Act applies accordingly.
A person appointed as an official visitor under section 226 or 228 of the 1990 Act immediately before the repeal of section 228 of that Act is taken to have been appointed under section 128 or 129, respectively, of this Act and this Act applies accordingly.
The term of appointment of any such person as an official visitor ends on the day on which the term under the 1990 Act would have ended, subject to any re-appointment of the person under this Act.
A person appointed as an accredited person under section 287A of the 1990 Act immediately before the repeal of that section is taken to have been appointed under section 136 of this Act and this Act applies accordingly.
The term of appointment of any such person as an accredited person ends on the day on which the term under the 1990 Act would have ended, subject to any re-appointment of the person under this Act.
A person appointed as a member of the Tribunal under the 1990 Act immediately before the repeal of section 252 of that Act is taken to have been appointed under this Act and this Act applies accordingly.
The term of appointment of any such person as a member of the Tribunal ends on the day on which the term under the 1990 Act would have ended, subject to any re-appointment of the person under this Act.
Any decision, determination, recommendation or finding or order made or other thing done by the Tribunal under the 1990 Act and having any force or effect immediately before the repeal of section 252 of that Act is taken to have been made or done by the Tribunal under the corresponding provision of this Act or the Mental Health (Criminal Procedure) Act 1990.
An order made by a prescribed authority under the 1990 Act, and in force under that Act immediately before the commencement of this clause, is taken to have been made under the Mental Health (Criminal Procedure) Act 1990 (as amended by this Act) and that Act applies accordingly.
A person who was a temporary patient or a continued treatment patient under the 1990 Act immediately before the commencement of this subclause is taken to be an involuntary patient detained under this Act and this Act applies accordingly.
A person who was detained in a hospital as a mentally ill person or a mentally disordered person under the 1990 Act immediately before the commencement of this subclause is taken to be so detained under this Act and this Act applies accordingly.
A person who was a forensic patient under the 1990 Act immediately before the commencement of this subclause is taken to be a forensic patient within the meaning of this Act and this Act and the Mental Health (Criminal Procedure) Act 1990 (as amended by this Act) apply accordingly.
For the purposes of the application of this Act or the Mental Health (Criminal Procedure) Act 1990 to a patient or person referred to in this clause, the person is taken to have been detained or classified as a patient under this Act or that Act on the day the person was so detained or classified under the 1990 Act.
A grant of leave of absence from a hospital (including permission to be absent from hospital) for a patient in force under a provision of the 1990 Act immediately before the commencement of this clause continues in force as if it were granted under the corresponding provision of this Act or, in the case of a forensic patient, the Mental Health (Criminal Procedure) Act 1990 (as amended by this Act) and this Act and that Act apply accordingly.
A patient who was absent without leave from a hospital, or in breach of a condition of any such leave, immediately before the commencement of this clause may be apprehended and dealt with under this Act or the Mental Health (Criminal Procedure) Act 1990 as if the person were absent without leave from a mental health facility or in breach of a condition of leave granted under this Act or that Act.
A medical practitioner may, for the purposes of administering electro convulsive therapy, rely on a consent or certificate obtained, or a decision made by the Tribunal, in accordance with Part 1 of Chapter 7 of the 1990 Act and any such consent, certificate or decision is taken to have been obtained or made under this Act.
A consent given under section 201 of the 1990 Act, and in force immediately before the commencement of this clause, continues to have effect for the purposes of carrying out the surgical operation concerned.
A medical practitioner may, for the purposes of carrying out special medical treatment on a patient, rely on a consent obtained from or a decision made by the Tribunal or an authorised officer, in accordance with Part 2 of Chapter 7 of the 1990 Act and any such consent or decision is taken to have been obtained or made under this Act.
For the purposes of subclause (3), the consent of an authorised officer is taken to be the consent of the Director-General.
Any proceedings pending, immediately before the commencement of this clause, under the 1990 Act before any court, the Tribunal, a Magistrate or any other person—
(a) are taken to be proceedings pending before the court, the Tribunal, Magistrate or other person before which or whom those proceedings could be brought under this Act or the Mental Health (Criminal Procedure) Act 1990 if those proceedings had been commenced on or after that commencement, and
(b) are to be continued before and disposed of by the court, Tribunal, Magistrate or person accordingly.
A person ordered to be brought before the Court for examination under section 285 of the 1990 Act, who is not examined before the repeal of that section, is to be examined and dealt with under section 166 of this Act.
A person appointed as an assessor under section 283 of the 1990 Act immediately before the repeal of that section is taken to have been appointed under section 165 of this Act and this Act applies accordingly.
Anything done or omitted under Chapter 10A of the 1990 Act, and having effect immediately before the repeal of that Chapter, is taken to have been done or omitted under the corresponding provision of Chapter 8 of this Act and, subject to that Chapter, has effect accordingly.
The following funds and accounts established under Part 3 of Chapter 8 of the 1990 Act are taken to be established under the corresponding provisions of the regulations and the regulations apply accordingly—
(a) any Patients Trust Fund,
(b) any Patients Amenities Account,
(c) a fund constituted under section 248 of the 1990 Act,
(d) the Interest Account.
In this Part—
The amendments made by the amending Act to this Act and the Mental Health (Forensic Provisions) Act 1990 apply to community treatment orders in force immediately before the commencement of this clause.
A mental health inquiry that was commenced, but not determined, before the substitution of section 34 by the Courts and Crimes Legislation Further Amendment Act 2008 may be determined in accordance with this Act as in force immediately before that substitution.
Section 58 as amended by the Health Legislation Further Amendment Act 2010 extends to a refusal or failure to comply with a community treatment order that occurred before the commencement of that amendment.
A person who was the nominated primary carer for a person immediately before the amendment of section 71 by the Mental Health Amendment (Statutory Review) Act 2014 is taken to be the designated carer of that person for the purposes of this Act until the nomination is revoked or otherwise ceases to be in force under this Act.
A decision made by a bail officer to detain a person in a mental health facility, in force immediately before the commencement, continues in force as if the amendment Act had not commenced.
In this clause—
(Repealed)
Mental Health Act 2007 No 8. Assented to 15.6.2007. Date of commencement, 16.11.2007, sec 2 and GG No 169 of 16.11.2007, p 8465. This Act has been amended as follows—
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 2.9, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 1.66, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 79 | Mental Health Legislation Amendment (Forensic Provisions) Act 2008. Assented to 5.11.2008. Date of commencement, 1.3.2009, sec 2 and GG No 44 of 27.2.2009, p 1229. Amended by Courts and Crimes Legislation Further Amendment Act 2008 No 107. Assented to 8.12.2008. Date of commencement of Sch 18, assent, sec 2 (1). | |
No 107 | Courts and Crimes Legislation Further Amendment Act 2008. Assented to 8.12.2008. Date of commencement of Sch 16, 21.6.2010, sec 2 (2) and 2010 (246) LW 18.6.2010. | |
No 15 | Health Legislation Amendment Act 2009. Assented to 13.5.2009. Date of commencement of Sch 1.6, assent, sec 2 (1). | |
No 49 | NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 1.25, 17.7.2009, sec 2 (2). | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 34 | Health Practitioner Regulation Amendment Act 2010. Assented to 15.6.2010. Date of commencement of Sch 2, 1.7.2010, sec 2 (2). | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.18, 9.7.2010, sec 2 (2). | |
No 96 | Health Legislation Further Amendment Act 2010. Assented to 16.11.2010. Date of commencement, assent, sec 2. | |
No 97 | Health Services Amendment (Local Health Networks) Act 2010. Assented to 16.11.2010. Date of commencement of Sch 2, 1.1.2011, sec 2 (1) and 2010 (716) LW 17.12.2010. | |
No 4 | Health Services Amendment (Local Health Districts and Boards) Act 2011. Assented to 16.5.2011. Date of commencement, 1.7.2011, sec 2 and 2011 (313) LW 1.7.2011. | |
No 24 | Health Legislation Amendment Act 2013. Assented to 14.5.2013. Date of commencement, assent, sec 2. | |
No 85 | Mental Health Amendment (Statutory Review) Act 2014. Assented to 28.11.2014. Date of commencement, 31.8.2015, sec 2 and 2015 (445) LW 7.8.2015. Amended by Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 1.18, 8.7.2015, sec 2 (1). | |
No 38 | Health Legislation Amendment Act 2015. Assented to 2.11.2015. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 1, 8.1.2016, sec 2 (1); date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 1.15, 8.7.2016, sec 2 (1). | |
No 45 | Health Legislation Amendment Act 2016. Assented to 28.9.2016. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.19, assent, sec 2 (1). | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.20, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
No 2 | Health Legislation Amendment Act 2018. Assented to 20.2.2018. Date of commencement of Sch 4, 1.7.2018, sec 2 (2) and 2018 (227) LW 1.6.2018. | |
No 28 | Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.67, 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
No 85 | Mental Health (Forensic Provisions) Amendment (Victims) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 5, assent, sec 2 (1). | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.21, assent, sec 2(1). | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.19, assent, sec 2(1). | |
No 5 | COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022. Date of commencement of Sch 1.12[1] [2] and [4], 30.6.2022, sec 2(3) and 2022 (275) LW 10.6.2022; date of commencement of Sch 1.12[3], assent, sec 2(1). | |
No 6 | Health Legislation (Miscellaneous) Amendment Act 2022. Assented to 24.3.2022. Date of commencement, assent, sec 2. | |
No 41 | Health Legislation (Miscellaneous) Amendment Act (No 2) 2022. Assented to 4.10.2022. Date of commencement of Sch 6, assent, sec 2(b). | |
No 37 | Health Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 5 | Detention Legislation Amendment (Prohibition on Spit Hoods) Act 2024. Assented to 19.2.2024. Date of commencement, assent, sec 2. | |
No 22 | Health Legislation Amendment (Miscellaneous) Act 2024. Assented to 27.5.2024. Date of commencement, assent, sec 2. | |
No 71 | Equality Legislation Amendment (LGBTIQA+) Act 2024. Assented to 23.10.2024. Date of commencement of Sch 6, 1.7.2025, sec 2(b). | |
No 5 | Mental Health Legislation Amendment Act 2025. Assented to 2.3.2025. Date of commencement, 2.5.2025, sec 2 and 2025 (183) LW 24.4.2025. | |
No 30 | Health Legislation Amendment (Miscellaneous) Act 2025. Assented to 11.6.2025. Date of commencement of Sch 6, assent, sec 2(d). | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 2.8, assent, sec 2(d)(ii). | |
No 61 | Local Court and Bail Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 2: not in force; date of commencement of Sch 3, assent, sec 2(a). |
Sec 3 | Am 2014 No 85, Sch 1 [2]–[4]. |
Sec 4 | Am 2007 No 82, Sch 2.9; 2008 No 79, Sch 2 [1] [2]; 2008 No 107, Sch 16 [1] [2]; 2010 No 19, Sch 3.65 [1] [2]; 2013 No 24, Sch 5 [1]; 2014 No 85, Sch 1 [5] [6]; 2018 No 28, Sch 1.20; 2020 No 12, Sch 3.17[1]–[3]. |
Sec 9 | Am 2014 No 85, Sch 1 [7] [8]. |
Sec 10 | Am 2014 No 85, Sch 1 [9]. |
Sec 12 | Am 2008 No 79, Sch 2 [3]. |
Sec 16 | Am 2014 No 85, Sch 1 [10]; 2024 No 71, Sch 6. |
Sec 18 | Am 2014 No 85, Sch 1 [11]; 2022 No 41, Sch 6[1] [2]; 2025 No 61, Sch 3.10[1]. |
Sec 19 | Am 2014 No 85, Sch 1 [12]. |
Sec 19A | Ins 2014 No 85, Sch 1 [13]. |
Sec 24 | Am 2008 No 79, Sch 2 [4]; 2020 No 12, Sch 3.17[4]; 2025 No 61, Sch 3.10[1]. |
Sec 26 | Am 2014 No 85, Sch 1 [14]. |
Sec 27 | Am 2008 No 107, Sch 16 [3] [4]; 2016 No 27, Sch 1.15 [1] [2]. |
Sec 27A | Ins 2014 No 85, Sch 1 [15]. Am 2022 No 5, Sch 1.12[1] [2]. |
Sec 28 | Am 2014 No 85, Sch 1 [16] [17]. |
Sec 28A | Ins 2013 No 24, Sch 5 [2]. |
Sec 31 | Am 2008 No 79, Sch 2 [5]. |
Sec 32 | Am 2008 No 79, Sch 2 [6]; 2009 No 56, Sch 1.25 [1] [2]; 2014 No 85, Sch 1 [18] [19]; 2017 No 44, Sch 1.19; 2020 No 12, Sch 3.17[5] [6]; 2025 No 61, Sch 3.10[1]–[3]. |
Sec 33 | Am 2008 No 107, Sch 16 [5]. |
Sec 34 | Subst 2008 No 107, Sch 16 [6]. Am 2014 No 85, Sch 1 [20] [21]. |
Sec 35 | Am 2008 No 79, Sch 2 [7]; 2008 No 107, Sch 16 [7]–[12]; 2014 No 85, Sch 1 [22]; 2022 No 41, Sch 6[3]. |
Sec 36 | Subst 2008 No 107, Sch 16 [13]. |
Sec 37 | Am 2010 No 96, Sch 1 [1]; 2018 No 2, Sch 4 [1]. |
Sec 38 | Am 2008 No 79, Sch 2 [8]; 2014 No 85, Sch 1 [23]. |
Sec 40 | Am 2010 No 96, Sch 1 [2] [3]. |
Sec 41 | Am 2014 No 85, Sch 1 [24]. |
Sec 43 | Am 2014 No 85, Sch 1 [25]. |
Sec 43A | Ins 2013 No 24, Sch 5 [3]. |
Sec 44 | Am 2014 No 85, Sch 1 [26]. |
Sec 46 | Am 2008 No 79, Sch 2 [9]. |
Sec 48 | Am 2018 No 2, Sch 4 [2]. |
Sec 51 | Am 2008 No 107, Sch 16 [14]; 2014 No 85, Sch 1 [27]. |
Sec 52 | Am 2008 No 79, Sch 2 [10]; 2009 No 15, Sch 1.6 [1]; 2014 No 85, Sch 1 [28]; 2024 No 22, Sch 6[1] [2]. |
Sec 53 | Am 2008 No 79, Sch 2 [11] [12] (am 2008 No 107, Sch 18); 2008 No 107, Sch 16 [15]–[18]; 2010 No 96, Sch 1 [4]; 2014 No 85, Sch 1 [29]. |
Sec 55 | Am 2008 No 107, Sch 16 [19]. |
Sec 57 | Am 2014 No 85, Sch 1 [30]. |
Sec 58 | Am 2010 No 96, Sch 1 [5]; 2024 No 22, Sch 6[3]–[5]. |
Sec 61 | Am 2008 No 79, Sch 2 [13]. |
Sec 61A | Ins 2008 No 79, Sch 2 [14]. |
Sec 62 | Am 2008 No 79, Sch 2 [15]. |
Sec 63 | Am 2008 No 79, Sch 2 [16]; 2018 No 2, Sch 4 [3]. |
Sec 64 | Am 2008 No 79, Sch 2 [17] [18]. |
Sec 65 | Am 2008 No 79, Sch 2 [19]. |
Sec 66 | Am 2014 No 85, Sch 1 [31]. |
Sec 66A | Ins 2014 No 85, Sch 1 [32]. |
Chapter 4, Part 1, heading | Am 2014 No 85, Sch 1 [33]. |
Sec 68 | Am 2014 No 85, Sch 1 [34]–[38]. |
Sec 69 | Am 2008 No 79, Sch 2 [20]. |
Sec 69A | Ins 2024 No 5, Sch 5. |
Sec 71 | Am 2014 No 85, Sch 1 [39]–[42]. |
Sec 72 | Am 2014 No 85, Sch 1 [43]. |
Secs 72A, 72B | Ins 2014 No 85, Sch 1 [44] (am 2015 No 15, Sch 1.18 [1]). |
Sec 73 | Am 2014 No 85, Sch 1 [45]. |
Sec 74A | Ins 2014 No 85, Sch 1 [46]. |
Sec 75 | Am 2014 No 85, Sch 1 [47]. |
Sec 76 | Am 2014 No 85, Sch 1 [48] [49]. |
Sec 77 | Am 2008 No 79, Sch 2 [21]; 2008 No 107, Sch 16 [20]; 2020 No 12, Sch 3.17[7]. |
Sec 78 | Am 2014 No 85, Sch 1 [50]; 2018 No 2, Sch 4 [4]. |
Sec 79 | Am 2014 No 85, Sch 1 [51]–[53]. |
Sec 82 | Am 2008 No 79, Sch 2 [22]. |
Sec 83 | Am 2014 No 85, Sch 1 [54]. |
Sec 84 | Am 2008 No 79, Sch 2 [23] [24]; 2020 No 12, Sch 3.17[8]. |
Sec 89 | Am 2008 No 79, Sch 2 [25]; 2014 No 85, Sch 1 [55]. |
Sec 93 | Am 2014 No 85, Sch 1 [56]. |
Sec 94 | Am 2014 No 85, Sch 1 [57]–[59]. |
Sec 96 | Am 2010 No 96, Sch 1 [6]; 2014 No 85, Sch 1 [60]–[65]; 2018 No 2, Sch 4 [5]–[8]. |
Sec 97 | Am 2014 No 85, Sch 1 [66]. |
Sec 98 | Am 2008 No 79, Sch 2 [26]. |
Sec 99 | Am 2008 No 79, Sch 2 [27]. |
Sec 100 | Am 2008 No 79, Sch 2 [27]; 2014 No 85, Sch 1 [67] [68]. |
Sec 101 | Am 2008 No 79, Sch 2 [27]; 2014 No 85, Sch 1 [69] [70]. |
Sec 107 | Am 2008 No 79, Sch 2 [28]; 2015 No 58, Sch 3.60 [1]; 2020 No 12, Sch 3.17[9]. |
Sec 108 | Am 2018 No 70, Sch 4.67[1]. |
Sec 120 | Am 2015 No 58, Sch 1.9 [1]. |
Sec 127 | Am 2015 No 58, Sch 1.9 [2]. |
Sec 129 | Am 2010 No 34, Sch 2.33 [1]; 2014 No 85, Sch 1 [71]. |
Sec 131 | Am 2014 No 85, Sch 1 [72]. |
Sec 134 | Am 2014 No 85, Sch 1 [73]–[75]. |
Sec 134A | Ins 2014 No 85, Sch 1 [76]. |
Sec 136 | Am 2025 No 30, Sch 6[1] [2]. |
Sec 141 | Am 2008 No 79, Sch 2 [29]; 2008 No 107, Sch 16 [21]; 2009 No 15, Sch 1.6 [2]. |
Sec 142 | Am 2015 No 58, Sch 3.60 [2]. |
Sec 147 | Am 2014 No 85, Sch 1 [77]; 2018 No 70, Sch 4.67[2]. |
Sec 150 | Am 2008 No 79, Sch 2 [30] [31]; 2008 No 107, Sch 16 [22]–[24]; 2010 No 96, Sch 1 [7]; 2020 No 12, Sch 3.17[10]. |
Sec 151 | Am 2008 No 79, Sch 2 [32] [33]; 2010 No 59, Sch 1.18 [1]; 2020 No 12, Sch 3.17[11]. |
Sec 152 | Am 2014 No 85, Sch 1 [78]. |
Sec 153 | Am 2008 No 79, Sch 2 [34]; 2020 No 12, Sch 3.17[12]. |
Sec 154 | Am 2008 No 79, Sch 2 [35]; 2008 No 107, Sch 16 [25]; 2014 No 85, Sch 1 [79]; 2018 No 2, Sch 4 [9]. |
Sec 155 | Am 2008 No 79, Sch 2 [36]; 2020 No 12, Sch 3.17[13]. |
Sec 160 | Am 2008 No 79, Sch 2 [37] [38]; 2008 No 107, Sch 16 [26]; 2018 No 85, Sch 5; 2020 No 12, Sch 3.17[14] [15]. |
Sec 162 | Am 2008 No 79, Sch 2 [39] [40]; 2020 No 12, Sch 3.17[16]. |
Sec 162A | Ins 2008 No 79, Sch 2 [41]. Am 2010 No 97, Sch 2.18; 2011 No 4, Sch 2.20; 2015 No 58, Sch 3.60 [3]; 2020 No 12, Sch 3.17[17]. |
Sec 165 | Am 2008 No 79, Sch 2 [42]; 2020 No 12, Sch 3.17[18]. |
Sec 166 | Am 2008 No 79, Sch 2 [43] [44]. |
Sec 170 | Am 2008 No 79, Sch 2 [45] [46]; 2020 No 12, Sch 3.17[19]. |
Sec 172 | Am 2008 No 79, Sch 2 [47]; 2020 No 12, Sch 3.17[20]. |
Sec 174 | Am 2008 No 79, Sch 2 [47] [48]; 2020 No 12, Sch 3.17[21]. |
Sec 176 | Am 2008 No 79, Sch 2 [49]. |
Sec 177 | Am 2008 No 79, Sch 2 [47]; 2020 No 12, Sch 3.17[22]. |
Sec 178 | Am 2008 No 79, Sch 2 [50] [51]; 2020 No 12, Sch 3.17[23]. |
Sec 180 | Am 2008 No 79, Sch 2 [52] [53]; 2020 No 12, Sch 3.17[24]. |
Sec 181 | Am 2008 No 79, Sch 2 [54]; 2020 No 12, Sch 3.17[25]. |
Sec 182 | Am 2008 No 79, Sch 2 [47]; 2020 No 12, Sch 3.17[26]. |
Sec 184 | Am 2008 No 79, Sch 2 [47] [55] [56]; 2020 No 12, Sch 3.17[27]. |
Sec 188 | Am 2008 No 107, Sch 16 [27] [28]. |
Sec 189 | Am 2008 No 79, Sch 2 [47] [57]; 2014 No 85, Sch 1 [80]; 2020 No 12, Sch 3.17[28]. |
Sec 190 | Am 2008 No 79, Sch 2 [47]; 2020 No 12, Sch 3.17[29]. |
Sec 191 | Am 2008 No 79, Sch 2 [47]; 2010 No 34, Sch 2.33 [2]; 2015 No 38, Sch 2; 2017 No 50, Sch 5.20; 2020 No 12, Sch 3.17[30] [31]. |
Sec 192 | Am 2017 No 25, Sch 1.22 [1] [2]. |
Sec 193 | Am 2008 No 79, Sch 2 [58]. |
Sec 196 | Am 2008 No 79, Sch 2 [59]; 2020 No 12, Sch 3.17[32]. |
Sec 197 | Am 2007 No 94, Sch 1.66. |
Sec 199 | Rep 2008 No 62, Sch 4. |
Sec 202 | Ins 2020 No 1, Sch 2.13. Rep 2022 No 5, Sch 1.12[3]. |
Sec 203 | Ins 2020 No 5, Sch 1.21. Am 2021 No 5, Sch 1.19; 2022 No 6, Sch 1.3[1]. Rep 2022 No 5, Sch 1.12[4]. |
Sch 1 | Am 2014 No 85, Sch 1 [82] (am 2015 No 15, Sch 1.18 [2]) [83]–[86] (am 2015 No 15, Sch 1.18 [3]) [87]; 2025 No 48, Sch 2.8. |
Sch 2 | Rep 2008 No 107, Sch 16 [29]. |
Sch 3, heading | Am 2014 No 85, Sch 1 [88]. |
Sch 3 | Am 2008 No 107, Sch 16 [30]–[35]; 2009 No 49, Sch 2.37; 2010 No 59, Sch 1.18 [2]; 2014 No 85, Sch 1 [89]–[94]; 2022 No 6, Sch 1.3[2]; 2023 No 37, Sch 5. |
Sch 3A | Ins 2014 No 85, Sch 1 [95]. Am 2022 No 6, Sch 1.3[2]. |
Sch 4 | Am 2014 No 85, Sch 1 [96]; 2015 No 58, Sch 3.60 [4] [5]; 2024 No 22, Sch 6[6] [7]. |
Sch 5 | Am 2008 No 79, Sch 2 [60]; 2015 No 58, Sch 3.60 [6]–[9]; 2016 No 45, Sch 3 [1] [2]; 2025 No 5, Sch 2[1]–[10]. |
Sch 6 | Am 2008 No 79, Sch 2 [61] [62]; 2008 No 107, Sch 16 [36] [37]; 2009 No 15, Sch 1.6 [3]; 2010 No 96, Sch 1 [8] [9]; 2014 No 85, Sch 1 [97]; 2025 No 61, Sch 3.10[4] [5]. |
Sch 7 | Rep 2008 No 62, Sch 4. |
The whole Act (except Sch 6) | Am 2014 No 85, Sch 1 [1] (“Director-General” and “Department of Health” omitted wherever occurring, “Secretary” and “Ministry of Health” inserted instead, respectively). |
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