Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Legislation au NSW Legislation - Acts (NSWLegAct) N E W S O U T H W A L E S L E G I S L A T I O N

Legislation content

Does not include amendments by—

Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.64 (not commenced)

Victims Rights and Victims of Crime Commissioner Act 2025 No 64, Sch 4.19 (not commenced)

See also—

Statute Law (Miscellaneous Provisions) Bill (No 2) 2025

An Act with respect to criminal proceedings involving persons with a mental health impairment or cognitive impairment and the care, treatment and control of those persons; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Definitions(1)

In this Act—

cognitive impairment—see section 5.

Commissioner of Victims Rights means the Commissioner of Victims Rights established under the Victims Rights and Support Act 2013.

correctional centre has the same meaning as in the Crimes (Administration of Sentences) Act 1999.

correctional patient—see section 73.

defence of mental health impairment or cognitive impairment means the defence established under section 28(1).

defendant includes an accused person and a person about whom a finding has been made at a special hearing.

detention centre has the same meaning as in the Children (Detention Centres) Act 1987.

extension order means an order for the extension of a person’s status as a forensic patient under section 121.

Forensic Division of the Tribunal means the Forensic Division of the Tribunal established under Division 1 of Part 7.

forensic patient—see section 72.

high risk offender detention order means a continuing detention order or an interim detention order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017.

inmate has the same meaning as in the Crimes (Administration of Sentences) Act 1999.

inquiry means an inquiry conducted under Division 2 of Part 4 in order to determine whether a person is unfit to be tried for an offence.

interim extension order means an order for the interim extension of a person’s status as a forensic patient under section 130.

limiting term means a term nominated for a person under Division 3 of Part 4.

Magistrate means a Magistrate or a Children’s Magistrate.

mental health impairment—see section 4.

registered victim means a victim registered on the Victims Register.

Secretary means the Secretary of the Ministry of Health.

special hearing—see section 54.

special verdict of act proven but not criminally responsible means a special verdict of act proven but not criminally responsible entered at a trial or following a special hearing if the defence of mental health impairment or cognitive impairment is established.

Tribunal means the Mental Health Review Tribunal constituted under the Mental Health Act 2007.

victim of a forensic patient means a primary victim, or a family victim, of an act of violence (within the meaning of the Victims Rights and Support Act 2013) committed by the forensic patient.

Victims Register means the Register established…

Continue reading Mental Health and Cognitive Impairment Forensic Provisions A...

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.