Mental Health Amendment (Tribunal) Regulation 2010 (NSW)
2010 No 226
New South Wales
Mental Health Amendment (Tribunal)
Regulation 2010
under the
Mental Health Act 2007
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Mental Health Act 2007.
CARMEL TEBBUTT, MP
Minister for Health
Explanatory note
The object of this Regulation is to make amendments to the Mental Health Regulation 2007 as a consequence of amendments to the Mental Health Act 2007 (the Act) contained in Schedule 16 to the Courts and Crimes Legislation Further Amendment Act 2008.
The amendments to the Act provide that mental health inquiries are to be conducted by the general regulation-making power).
Mental Health Review Tribunal instead of Magistrates.
| Published LW 4 June 2010 | Page 1 |
| 2010 No 226 | |
| Clause 1 | Mental Health Amendment (Tribunal) Regulation 2010 |
Mental Health Amendment (Tribunal) Regulation 2010
under the
Mental Health Act 2007
1 Name of Regulation
This Regulation is the Mental Health Amendment (Tribunal)
Regulation 2010.
2 Commencement
This Regulation, which is required to be published on the NSW legislation website, commences:
(a)
if Schedule 16 to the Courts and Crimes Legislation Further Amendment Act 2008 commences on or before the day on which this Regulation is published on the website—on the day on which this Regulation is published, or
(b)
if that Schedule commences after the day on which this Regulation is published—on the day on which that Schedule commences.
2010 No 226
Mental Health Amendment (Tribunal) Regulation 2010
| Amendment of Mental Health Regulation 2007 | Schedule 1 |
| Schedule 1 | Amendment of Mental Health Regulation 2007 |
[1] Clause 6 Appearance before Tribunal
Omit “a Magistrate or”.
[2] Clause 7 Form of summons (inquiry by Magistrate)
Omit the clause.
[3] Clause 8 Compliance with summons (inquiry by Magistrate)
Omit the clause.
[4] Clause 49 Mental health inquiries to be reported to Tribunal
Omit the clause.
[5] Clause 50
Omit the clause. Insert instead:
50 Order or direction of Tribunal
(1) An order or direction of the Tribunal pursuant to a mental health
inquiry is:
(a) to be recorded in writing, and (b) to include the reasons for the order or direction, and (c) to be in a form approved by the President. (2) Nothing in this clause prevents the Tribunal from giving an order
or direction orally.(3) An order or direction given orally by the Tribunal is to be
recorded in accordance with this clause.
[6] Schedule 1 Forms
Omit “before Magistrate” from Form 2. Insert instead “before Mental Health
Review Tribunal”.
2010 No 226
Mental Health Amendment (Tribunal) Regulation 2010
| Schedule 1 | Amendment of Mental Health Regulation 2007 |
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