This legislation has been repealed.
TABLE OF PROVISIONS Long Title CHAPTER 1 - INTRODUCTORY 1. Name of Act 2. Commencement 3. Definitions 3A. Notes CHAPTER 2 - OBJECTS ETC 4. Care, treatment and control of mentally ill and mentally disordered persons 5. Additional administrative objects of Act 6. Objectives of the Department 7. Functions of the Director-General CHAPTER 3 - MENTALLY ILL AND MENTALLY DISORDERED PERSONS 8. Criteria for involuntary admission etc as mentally ill person or mentally disordered person 9. Mentally ill persons 10. Mentally disordered persons 11. Certain words or conduct may not indicate mental illness or disorder CHAPTER 4 - ADMISSION TO, AND CARE IN, HOSPITALS PART 1 - VOLUNTARY ADMISSION TO HOSPITALS 12. Admission on own request 13. Informal patient under 16 years of age 14. Informal patient of 14 or 15 years of age 15. Admission etc of person under 14 years of age 16. Persons under guardianship 17. Medical superintendent may refuse to admit person 18. Other functions of medical superintendent concerning informal patients 18A. Procedures for detaining patients 19. Review of decisions made by medical officer PART 2 - INVOLUNTARY ADMISSION TO HOSPITALS Division 1 - Admission to and detention in hospitals 20. Detention of persons generally 21. Detention on certificate of medical practitioner or accredited person 22. Assistance by police 23. Detention on request of relative or friend 24. Detention after apprehension by police 25. Detention on order of court 26. Detention on information of welfare officer 27. Detention following order for medical examination or observation 28. Refusal to detain 29. Examination on detention at hospital 30. Information to be given to detained person 31. Treatment of patients 32. Further examination at hospital 33. Consequence of further examination 34. Formation of opinion as to mental illness etc 35. Limited detention of mentally disordered persons 36. Persons detained after apprehension by police or brought to hospital on Magistrate's order 37. Limited detention of certain persons after examination at hospital 37A. Persons ordered to be brought back before court Division 2 - Inquiries relating to mentally ill persons 38. Notice of inquiry and other matters 39. Dress 40. Termination of detention 41. Inquiry concerning detained person 42. Adjournments 43. Representation and appearances at inquiries 44. Publication of names etc 45. Inspection etc of medical records 46. Administration of oath 47. Production of evidence 48. Records of proceedings 49. Matters to be checked by Magistrate 50. Matters which must be considered by Magistrate 51. Result of finding that person is mentally ill 52. Result of finding that person is not mentally ill 53. Record of decision 54. Classification of persons as informal patients Division 3 - Temporary patients and continued treatment patients 55. Notice of temporary patient's rights of appeal 56. Bringing of certain temporary patients before the Tribunal 57. Determination by the Tribunal 58. Further bringing of certain temporary patients before the Tribunal 59. Further determination by the Tribunal PART 3 - REVIEW, DISCHARGE, LEAVE AND TRANSFER OF PERSONS (OTHER THAN FORENSIC PATIENTS) IN HOSPITALS 60. Application of Part 61. Medical examination of continued treatment patients 62. Review of continued treatment patients by the Tribunal 63. Review of informal patients by the Tribunal 64. Classification of certain patients as informal patients 65. Discharge of informal patients 66. Discharge of temporary patients and continued treatment patients 67. Discharge etc of certain patients on patient's application 68. Discharge of certain patients on relative's or friend's application 69. Appeal against refusal to discharge 70. Determination of appeal 71. Leave of absence 72. Absence of patient for continuous period of not less than 28 days 73. Absence of patient for continuous period of not less than 12 months 74. Discharge of certain absent patients on certificate of medical practitioner 75. Medical superintendent may order apprehension of certain absent patients 76. Absence of patient without leave 77. Absence of patient with permission 78. Transfer of patients between hospitals CHAPTER 5 - FORENSIC PATIENTS PART 1 - RELATIONSHIP OF CHAPTER TO OTHER LEGISLATION 79. Other legislation relating to criminal proceedings involving persons who may be mentally ill or suffering from some other mental condition PART 2 - REVIEW OF FORENSIC PATIENTS 80. Tribunal to review cases of persons found unfit to be tried 81. Tribunal to review cases of persons found not guilty by reason of mental illness 82. Tribunal to review cases of forensic patients 83. Notice of recommended releases 84. Release of persons after review 85. Treatment etc of persons found not guilty by reason of mental illness and forensic patients after review by Tribunal 86. Review of persons transferred from prisons 87. Review of persons to be transferred from prisons 88. Powers of Tribunal 89. Classification as continued treatment patient PART 3 - OTHER PROVISIONS RELATING TO FORENSIC PATIENTS 90. Leave of absence on review of case 91. Leave of absence may be granted by authorised officer 92. Special leave of absence in emergencies 93. Breach of condition of order for release 94. Reinvestigation by Tribunal 95. Security conditions for forensic patients 96. Requests for transfer to prison 97. Transfer of mentally ill prisoners to hospitals 98. Transfer of other prisoners to hospitals 99. Transfer of forensic patients between hospitals 100. Effect on sentence etc of detention in hospital 100A. Transfer of patients back to prison 101. Termination of classification as forensic patient of person found not guilty by reason of mental illness 102. Termination of classification as forensic patient of person awaiting special hearing 103. Termination of classification as forensic patient of person found guilty of offence after special hearing 104. Termination of classification as forensic patient of person who becomes fit to be tried for an offence 105. Termination of classification as forensic patient of person serving term of imprisonment for which no non-parole period set 106. Termination of classification as forensic patient of person serving sentence of imprisonment for life 107. Termination of classification as forensic patient of person serving term of imprisonment for which non-parole period set 108. Termination of classification as forensic patient of person on remand 109. Person who ceases to be a forensic patient may be detained as involuntary patient etc 110. Absence for medical treatment 111. Retaking of escapees 112. Aiding or permitting escape 113. Form, effect etc of orders under this Chapter CHAPTER 6 - CARE AND TREATMENT OUTSIDE HOSPITALS PART 1 - HEALTH CARE AGENCIES 114. Declaration of health care agencies 115. Directors and Deputy Directors 116. Psychiatric case managers 117. Same person may hold 2 offices PART 2 - COMMUNITY COUNSELLING ORDERS 118. Making of community counselling orders 119. Procedure on application to Tribunal 120. Conditions precedent to making of community counselling order 121. Treatment plan not required for short term orders 122. Report required for certain applications 123. Appointment of medical practitioners for purposes of making orders 124. Duration of community counselling orders 124A. Effect on order of informal admission to hospital 125. Progress reports 126. Discharge reports 127. Breach of community counselling order 128. Action on further breaches of community counselling order 129. Apprehension of person in breach of community counselling order 130. Apprehension by police PART 3 - COMMUNITY TREATMENT ORDERS 131. Making of community treatment orders 132. Person to be discharged 133. Conditions precedent to making of community treatment order 134. Report required for certain applications 135. Duration of community treatment orders 135A. Effect on order of informal admission to hospital 136. Discharge reports 137. Breach of community treatment order 138. Action on further breaches of community treatment order 139. Apprehension of person in breach of community treatment order 140. Apprehension by police 141. Procedure at health care agency 142. Procedure at hospital 143. Effect of review by medical superintendent 143A. Review by Tribunal of detained persons PART 4 - GENERAL 144. Reports 145. Duty of affected person 146. Powers and duties of health care agencies 147. Use of drugs 148. Variation or revocation of order 149. Revocation by Director 150. Delegation 151. Appeals CHAPTER 7 - MEDICAL OR THERAPEUTIC TREATMENTS RELATING TO MENTAL ILLNESS OR GIVEN TO PATIENTS PART 1 - TREATMENT FOR MENTAL ILLNESS Division 1 - Psychosurgery 152. Psychosurgery Review Board 153. Psychosurgery on patients to be performed only with consent of Board 154. Consent of patient required 155. Requirements for obtaining informed consent 156. Persons presumed incapable of giving informed consent 157. Application for permission to perform psychosurgery 158. Procedure for convening hearing of application 159. Attendance and representation at hearing 160. Hearing open to public 161. Hearing of application 162. Publication of names etc 163. Assistance by interpreters 164. Inspection etc of medical records 165. Administration of oath 166. Production of evidence 167. Records of proceedings 168. Record of decision 169. Circumstances in which Board may consent to psychosurgery 170. Form of consent 171. Circumstances in which Board must refuse to consent to psychosurgery 172. Notice of decision 173. Lapse of consent 174. Board may state case for Court's opinion 175. Determination of stated case 176. Granting of consent on remission of application 177. Report of operation etc 178. Review and research Division 2 - Electro convulsive therapy and certain prescribed treatments 179. Application of Division 180. Administration of treatment 181. Persons who must be present during administration of electro convulsive therapy 182. Places at which treatment may be administered 183. Requirements for obtaining informed consent 184. Persons presumed incapable of giving informed consent 185. Circumstances in which treatment may be administered with consent--persons other than involuntary patients 186. (Repealed) 187. Circumstances in which treatment may be administered to involuntary patients etc 188. Application to Tribunal to administer treatment to involuntary patients 189. (Repealed) 190. Notice of inquiry to obtain or determine consent 191. Inquiry 192. Matters to be checked by Tribunal 193. Matters which must be considered by Tribunal 194. Result of inquiry 195. Refusal of treatment by medical superintendent 196. Register Division 3 - Prohibited treatments 197. Prohibited treatments 198. Administration of drugs--generally 199. Administration of drugs in hospitals PART 2 - TREATMENTS CARRIED OUT ON PATIENTS 200. Application of Part 201. Cases of emergency 202. Effect of consent 203. Notice of operation to be given 204. Special medical treatment 205. Applications for consent to the carrying out of certain operations and treatments other than in an emergency 206. Application for consent 207. Hearing and determination of application CHAPTER 8 - ESTABLISHMENT AND ADMINISTRATION OF HOSPITALS PART 1 - HOSPITALS Division 1 - Hospitals other than authorised hospitals 208. Establishment of hospitals other than authorised hospitals 209. Appointment of medical superintendents 210. Appointment of deputy medical superintendents Division 2 - Authorised hospitals 211. Application for licence 212. Grant or refusal of licence 213. Duration of licence 214. Annual statement and licence fee 215. Duplicate licence 216. Cancellation of licences--generally 217. Cancellation of licences--failure to show cause 218. Variation of licence 219. Medical services in authorised hospitals 220. Appointment of medical superintendent 221. Duties of medical superintendent 222. Appointment of deputy medical superintendent 223. Functions of deputy medical superintendent 224. Offence where hospital no longer authorised 225. Certain private hospitals to be licensed PART 2 - OFFICIAL VISITORS AND OTHER OFFICERS 226. Appointment of Principal official visitor 227. Functions of Principal official visitor 228. Appointment of official visitors 229. General provisions relating to the Principal official visitor and official visitors 230. Inspection of hospitals 231. Access to be given to official visitors and other matters 232. Other functions of official visitors 233. Reports to Minister 234. Request by patient or other person to see official visitor 234A. Official visitors not personally liable 235. Appointment of authorised officers 236. Functions of authorised officers 237. Inspection etc of hospitals 238. Powers of authorised officer visiting hospital 239. Information may not be used to incriminate 240. Restriction on exercise of functions of certain authorised officers 241. Prohibited interests of authorised officers 242. Appointment of welfare officers 243. Functions of welfare officers PART 3 - PATIENTS FUNDS AND ACCOUNTS 244. Trust funds 245. Patients Trust Fund 246. Withdrawals from patients' accounts 247. Discharge or death of patient 248. Patients' accounts to form one fund 249. Payments to and from Interest Account 250. Distribution of Interest Account 251. Patients Amenities Account CHAPTER 9 - MENTAL HEALTH REVIEW TRIBUNAL PART 1 - THE TRIBUNAL 252. Constitution of the Tribunal 252A. Part-time arrangements 253. Additional provisions relating to members 254. Seal of the Tribunal 255. Functions of the Tribunal 256. Registrar and other officers of the Tribunal 257. Authentication of documents 258. Judicial notice of certain signatures 259. Certain proceedings prohibited 260. Application of Defamation Act 2005 to proceedings of Tribunal 261. Annual report 262. Service of documents on Tribunal 263. Delegation PART 2 - PROCEEDINGS OF THE TRIBUNAL 264. Composition of the Tribunal generally 265. Composition of the Tribunal for dealing with forensic patients 266. Meetings of the Tribunal 267. Procedure at meetings of the Tribunal 268. Determination whether a person is a mentally ill person etc 269. Appointment of person to assist the Tribunal 270. Chairperson and votes of members 271. Adjournment 272. Proceedings open to public 273. Publication of names etc 274. Rights of appearance and representation 275. Assistance of interpreters 276. Inspection etc of medical records 277. Administration of oath 278. Production of evidence 279. Records of proceedings before the Tribunal 280. Record of determinations etc CHAPTER 10 - JURISDICTION OF SUPREME COURT 281. Appeals to the Court 282. Nomination of assessors 283. Functions of assessors on hearing of appeals 284. Power of the Court on appeals 285. Court may order discharge or transfer of patient 286. Other jurisdiction of the Court not affected CHAPTER 10A - INTERSTATE APPLICATION OF MENTAL HEALTH LAWS PART 1 - PRELIMINARY 286A. Object of Chapter 286B. Definitions 286C. Authority to enter into agreements 286D. Corresponding laws, documents and interstate community treatment orders 286E. New South Wales officers may exercise functions under corresponding laws PART 2 - TRANSFER OF PATIENTS AND PERSONS Division 1 - Transfer of persons from this State 286F. Admission of persons to hospitals in other States 286G. Effect of certificates 286H. Transfer of patients from this State Division 2 - Transfer of persons to this State 286I. Admission of interstate persons to hospitals in this State 286J. Application of Act to persons brought to hospital from outside this State 286K. Transfer of interstate persons to hospitals in this State 286L. Application of Act to persons brought to hospital from outside this State PART 3 - COMMUNITY TREATMENT ORDERS AND OTHER ORDERS 286M. Community treatment orders relating to interstate persons 286N. Orders relating to New South Wales residents PART 4 - APPREHENSION OF PERSONS ABSENT FROM HOSPITAL OR IN BREACH OF ORDERS 286O. Recognition of warrants and orders 286P. Apprehension of interstate persons absent without leave or in breach of corresponding orders 286Q. Regulations relating to apprehension of persons CHAPTER 11 - MISCELLANEOUS 287. Restrictions on holding of certain offices 287A. Accredited persons 287B. Chief Health Officer may delegate functions 288. Legal representation of mentally ill persons and other persons 289. Disclosure of information 290. Withholding of certain correspondence of patients and other persons 291. Contempt of Tribunal etc 292. Assistance of interpreters 293. Information as to follow-up care after discharge 294. Liability of police officers and health care professionals exercising functions under this Act 295. Service of notices etc 296. Amendment of certain documents 297. Offences in relation to certain certificates 298. Ill-treatment etc of patients 299. Proceedings for offences 300. Information as to types and dosages of medications 301. Annual report 302. Regulations 302A. Approved forms 303. Savings, transitional and other provisions 304. Report by Minister SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 Explanatory note