Mental Health (Forensic Provisions) Act 1990 (NSW)

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An Act with respect to criminal proceedings involving persons affected by mental illness and other mental conditions and the care, treatment and control of such persons.

Part 1Preliminary1Name of Act

This Act may be cited as the Mental Health (Forensic Provisions) Act 1990.

2Commencement

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

3Definitions(1)

In this Act:

Commissioner of Victims Rights has the same meaning as in 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 41.

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 clause 1 of Schedule 1.

forensic patient—see section 42.

inquiry means an inquiry under section 10 conducted 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 clause 10 of Schedule 1.

involuntary patient has the same meaning as it has in the Mental Health Act 2007.

limiting term means a term nominated in respect of a person under section 23 (1) (b).

Magistrate means:

  • (a)

    (Repealed)

  • (b)

    a Magistrate, or

  • (c)

    a Children’s Magistrate.

mental condition means a condition of disability of mind not including either mental illness or developmental disability of mind.

mental health facility has the same meaning as it has in the Mental Health Act 2007.

mentally ill person has the same meaning as it has in the Mental Health Act 2007.

registered victim means a victim registered on the Victims Register.

special hearing means a special hearing under section 19.

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

victim of a forensic patient means:

  • (a)

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

  • (b)

    a family victim (within the meaning of section 22 of that Act) of an act of violence committed by a forensic patient.

Victims Register means the Victims Register established under Part 5A.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

In this Act, a reference to a person having done an act alleged to have been done is a reference to a person having done or having omitted to do an act, matter or thing alleged to have been done or alleged to have been omitted to be done.

(3)

In this Act:

  • (a)

    a reference to a function includes a reference to a power, authority and duty, and

  • (b)

    a reference to the exercise of a function includes, where the function is a duty, a reference…

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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.