New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 120

120 Conditions precedent to making of community counselling order

(1) The Tribunal or Magistrate may not make a community counselling order unless satisfied on the balance of probabilities:

(a) on the evidence of a psychiatrist or of a medical practitioner appointed by an order under section 123--that the affected person is likely to become a mentally ill person within 3 months, and

(b) that subsection (2) applies to the affected person, and

(c) that the health care agency which is to implement the order has complied with subsection (3).

(2) This subsection applies to an affected person if:

(a) except in the case of an order made by a Magistrate, the person is not detained in a hospital or other place under this Act, and

(b) the person has, on more than 1 occasion, refused to accept appropriate treatment, and

(c) when appropriate treatment has been refused, there has been a relapse into an active phase of mental illness, and

(d) the relapse has been followed by mental or physical deterioration justifying involuntary admission to hospital (whether or not there has been such an admission), and

(e) 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.

(3) This subsection is complied with if a health care agency:

(a) has made reasonable attempts to maintain contact with the affected person and to have the affected person consent to treatment, counselling or rehabilitation within the community, and

(b) has an appropriate treatment plan for the affected person and is capable of implementing the treatment plan.