List of Declared Mental Health Facilities Nsw

New South Wales Consolidated Acts

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MENTAL HEALTH ACT 2007

- As at 25 March 2021 - Act 8 of 2007 TABLE OF PROVISIONS Long Title CHAPTER 1 - PRELIMINARY 1. Name of Act 2. Commencement 3. Objects of Act 4. Definitions CHAPTER 2 - VOLUNTARY ADMISSION TO FACILITIES 5. Admission on own request 6. Voluntary admission of children 7. Voluntary admission of persons under guardianship 8. Discharge of voluntary patients 9. Review of voluntary patients 10. Detention of voluntary patients in mental health facilities 11. Review of decisions made by authorised medical officer to refuse admission or discharge voluntary patient CHAPTER 3 - INVOLUNTARY ADMISSION AND TREATMENT IN AND OUTSIDE FACILITIES PART 1 - REQUIREMENTS FOR INVOLUNTARY ADMISSION, DETENTION AND TREATMENT 12. General restrictions on detention of persons 13. Criteria for involuntary admission etc as mentally ill person or mentally disordered person 14. Mentally ill persons 15. Mentally disordered persons 16. Certain words or conduct may not indicate mental illness or disorder PART 2 - INVOLUNTARY DETENTION AND TREATMENT IN MENTAL HEALTH FACILITIES Division 1 - Preliminary 17. Definitions Division 2 - Admission to and initial detention in mental health facilities 18. When a person may be detained in mental health facility 19. Detention on certificate of medical practitioner or accredited person 19A. Examination by audio visual link for purposes of mental health certificate 20. Detention on information of ambulance officer 21. Police assistance 22. Detention after apprehension by police 23. Detention after order for medical examination or observation 24. Detention on order of Magistrate or bail officer 25. Detention after transfer from another health facility 26. Detention on request of designated carer, principal care provider, relative or friend 27. Steps for medical examination requirements for ongoing detention in mental health facility 27A. Examinations by medical practitioners or accredited persons for purposes of detention 28. Obligations of examining medical practitioners and accredited persons 28A. Tribunal to be informed if detained person is a forensic patient 29. Treatment of persons detained in mental health facilities 30. Assessable persons may be reclassified as voluntary patients 31. Limited detention of mentally disordered persons 32. Detention on order of Magistrate or bail officer 33. Actions may be delayed because of other illnesses or conditions Division 3 - Continuing detention in mental health facilities 34. Mental health inquiries to be held 35. Purpose and findings of mental health inquiries 36. Adjournments 37. Reviews of involuntary patients by Tribunal 38. Purpose and findings of reviews of involuntary patients 39. Medical examination of involuntary patients 40. Re-classification of involuntary patients as voluntary patients 41. Discharge on making of community treatment order 42. Discharge of involuntary patients on own application 43. Discharge of involuntary patients on application of designated carer or principal care provider 43A. Tribunal to be informed of discharge of a forensic patient 44. Appeals against discharge refusals 45. Review and discharge of absent patients Division 4 - Leave of absence from mental health facilities 46. Application of Division 47. Leave of absence on compassionate grounds, medical grounds or other grounds 48. Apprehension of persons not permitted to be absent from mental health facility 49. Police assistance PART 3 - INVOLUNTARY TREATMENT IN THE COMMUNITY Division 1 - Applications for and making of community treatment orders 50. Definitions 51. Community treatment orders 52. Notice of applications 53. Determination of applications for community treatment orders 54. Requirements for treatment plans under community treatment orders 55. Community treatment order may be made in absence of affected person 56. Form and duration of community treatment orders Division 2 - Operation of community treatment orders 57. Duties and functions of affected person and mental health facility 58. Breach of community treatment order 59. Police assistance 60. Procedures at facility after breach notice or breach order 61. Review of affected person at mental health facility after breach order 61A. Medical examination of detained affected persons 62. Discharge and detention of affected persons 63. Review of detained affected persons by Tribunal 64. Purpose and findings of reviews Division 3 - Revocation, variation and review of community treatment orders 65. Variation or revocation of orders by Tribunal 66. Revocation by director of community treatment 66A. Notifications 67. Appeals CHAPTER 4 - CARE AND TREATMENT PART 1 - RIGHTS OF PATIENTS OR DETAINED PERSONS, DESIGNATED CARERS AND PRINCIPAL CARE PROVIDERS Division 1 - General 68. Principles for care and treatment 69. Offence to ill-treat patients 70. Assistance of interpreters 71. Designated carers 72. Nomination of designated carers 72A. Principal care providers 72B. Requirement to consider information provided by other persons about patients or detained persons when making detention or discharge decisions Division 2 - Notification and information sharing 73. Information about medication 74. Information to be given to persons to be detained 74A. Information to be given to voluntary patients 75. Notification to carers of initial detention 76. Notification of mental health inquiries 77. Notification to new involuntary patients of appeal rights 78. Notifications to designated carers and principal care providers of events affecting patients or detained persons 79. Discharge and other planning Division 3 - Transfer of patients 80. Transfer of patients to or from mental health facilities 81. Transport of persons to and from mental health facilities and other health facilities PART 2 - MENTAL HEALTH TREATMENTS Division 1 - Preliminary 82. Definitions Division 2 - General provisions about mental health treatment 83. Prohibited treatments 84. Treatment may be given to patients 85. Administration of excessive or inappropriate drugs 86. Review of drug use in mental health facilities Division 3 - Electro convulsive therapy 87. Definitions 88. Offences relating to administration of electro convulsive treatment 89. When electro convulsive therapy may be administered 90. Refusal of treatment by medical superintendent 91. Informed consent requirements 92. Person impaired by medication incapable of giving informed consent 93. When electro convulsive therapy may be administered to persons other than involuntary patients or persons under 16 94. When electro convulsive therapy may be administered to involuntary patients or persons under 16 95. Tribunal to hold inquiries promptly 96. Purpose and findings of ECT inquiries 97. Electro convulsive therapy register PART 3 - OTHER MEDICAL TREATMENTS 98. Definitions 99. Emergency surgery for involuntary patients 100. Secretary may consent to surgery 101. Tribunal may consent to surgery 102. Special medical treatment 103. Tribunal may consent to special medical treatment 104. Effect of consents CHAPTER 5 - ADMINISTRATION PART 1 - ADMINISTRATIVE OBJECTIVES AND FUNCTIONS 105. Objectives of New South Wales public health system 106. Functions of Secretary 107. Delegation 108. Annual report PART 2 - MENTAL HEALTH FACILITIES Division 1 - Declared mental health facilities 109. Establishment of declared mental health facilities 110. Declared mental health facilities that are private mental health facilities 111. Appointment of medical superintendents 112. Appointment of deputy medical superintendents 113. Directors and deputy directors of community treatment 114. Psychiatric case managers Division 2 - Private mental health facilities 115. Application for licence 116. Grant or refusal of licence 117. Duration of licence 118. Annual statement and licence fee 119. Duplicate licence 120. Cancellation of licences--generally 121. Cancellation of licences--failure to show cause 122. Variation of licence 123. Provision of medical services in private mental health facilities 124. Medical superintendents 125. Deputy medical superintendents 126. Unlicensed private mental health facilities 127. Certain private health facilities to be licensed PART 3 - OFFICIAL VISITORS AND ACCREDITED PERSONS 128. Principal official visitor 129. Official visitors 130. General provisions relating to the Principal official visitor and official visitors 131. Inspections of mental health facilities by official visitors 132. Obligations to facilitate exercise of functions by official visitors 133. Reports to Minister 134. Request by patient or other person at mental health facility to see official visitor 134A. Request by patient or other person at other health facility to see official visitor 135. Official visitors not personally liable 136. Accredited persons PART 4 - INSPECTION POWERS 137. Inspection of mental health facilities 138. Powers of authorised officer to require information, evidence, production of records 139. Protection from incrimination CHAPTER 6 - MENTAL HEALTH REVIEW TRIBUNAL PART 1 - THE TRIBUNAL 140. Constitution of the Tribunal 141. Membership of Tribunal 142. Registrar and other staff of the Tribunal 143. Authentication of documents 144. Judicial notice of certain signatures 145. Certain proceedings prohibited 146. Application of Defamation Act 2005 to proceedings of Tribunal 147. Annual report 148. Delegation PART 2 - PROCEDURES OF THE TRIBUNAL 149. Application of Part 150. Composition of Tribunal 151. Procedure at meetings of Tribunal to be informal 152. Legal representation of mentally ill persons and other persons 153. Determination whether a person is a mentally ill person or mentally disordered person 154. Rights of appearance and representation 155. Adjournments 156. Inspection etc of medical records 157. Production of evidence 158. Assistance of interpreters 159. Record of proceedings 160. Tribunal procedure generally 161. Contempt of Tribunal 162. Publication of names 162A. Tribunal may request information or services from other agencies CHAPTER 7 - JURISDICTION OF SUPREME COURT 163. Appeals to the Court 164. Power of the Court on appeals 165. Panel of assessors 166. Jurisdiction of Court to order discharge or transfer of detained person 167. Other jurisdiction of the Court not affected 168. Tribunal members not liable for costs CHAPTER 8 - INTERSTATE APPLICATION OF MENTAL HEALTH LAWS PART 1 - PRELIMINARY 169. Object of Chapter 170. Definitions 171. Authority to enter into agreements 172. Corresponding laws, documents and interstate community treatment orders 173. 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 174. Admission of persons to mental health facilities in other States 175. Effect of certificates 176. Transfer of patients from this State Division 2 - Transfer of persons to this State 177. Admission of interstate persons to mental health facilities in this State 178. Application of Acts to persons brought to mental health facility from outside this State 179. Transfer of interstate persons to mental health facilities in this State 180. Status of transferred persons PART 3 - COMMUNITY TREATMENT ORDERS AND OTHER ORDERS 181. Community treatment orders relating to interstate persons 182. Interstate implementation of New South Wales orders 183. Provision of services under interstate community treatment order 184. Recognition of interstate community treatment orders PART 4 - APPREHENSION OF PERSONS ABSENT FROM MENTAL HEALTH FACILITY OR IN BREACH OF ORDERS 185. Recognition of warrants and orders 186. Apprehension of interstate persons absent without leave or in breach of corresponding orders 187. Regulations relating to apprehension of persons CHAPTER 9 - MISCELLANEOUS 188. Restrictions on holding of certain offices 189. Disclosure of information 190. Act does not limit or affect other powers 191. Liability of certain persons exercising functions under this Act or the Mental Health (Forensic Provisions) Act 1990 192. Service of documents 193. Amendment of certain documents 194. Approved forms 195. Role of objects provisions 196. Regulations 197. Proceedings for offences 198. Savings, transitional and other provisions 199. (Repealed) 200. Repeal of Mental Health Act 1990 No 9 201. Review of Act 202. COVID-19 pandemic--special provisions 203. COVID-19 pandemic--examination by audio visual link for purpose of detention SCHEDULE 1 Schedule 2 (Repealed) SCHEDULE 3 SCHEDULE 3A SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 Schedule 7 (Repealed)

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