Popular links:
About us
About you
Get involved
Employment
Questions?
Contact us
| |
This handout comes from Northern Sydney Health,
Mental Health Services. It describes the Mental Health Act of NSW.
What is the Mental Health Act?
A law that governs the care and treatment of people in NSW who experience a mental illness or
mental disorder.
What is the major aim of the Mental Health Act?
‘Mentally ill’ and ‘mentally disordered’ persons are to receive:
- The best possible care and treatment in the least restrictive environment
- Any interference with or restriction of their rights, dignity, and self respect is to be kept to a minimum
To whom does the Mental Health Act apply?
The Act makes provisions for the care of people who:
- Are admitted to hospital voluntarily (informal patient)
- Are admitted to or detained in hospital against their wishes (involuntary or formal patient)
- Are required to receive treatment in the community
- Have committed an offence and are mentally ill (forensic patient)
Definitions
There are two key definitions:
- A mentally ill person
- A mentally disordered person
What are the criteria for a mentally ill person?
- Has a mental illness (see definition below), and
- Risk of serious harm to self or others (includes physical harm, and harm to relationships,
reputation, finances and self neglect), and
- Continuing condition, including any likely deterioration, taken into account, and
- No other care of a less restrictive kind is available
Definition of mental illness
A condition which seriously impairs, either temporarily or permanently, the mental functioning
of a person and is characterised by the presence of any one or more of the following symptoms or
signs:
- Delusions
- Hallucinations
- Serious disorder of thought form
- Severe disturbance of mood
- Sustained or repeated irrational behaviour indicating that the person is having delusions or
hallucinations
Criteria for a mentally disordered person
- Displaying irrational behaviour
- Significant physical risk to self or others, and
- No other care of a less restrictive kind is available
Exclusion criteria
A person cannot be regarded as ‘mentally ill’ or ‘mentally disordered’ for the purpose of the
Act, merely because of the presence or lack of:
- Religious beliefs
- Philosophy
- Sexual preference/orientation
Or because of past or present involvement in:
- Sexual promiscuity
- Immoral or illegal conduct
Or because the person:
- Has a developmental disability
- Takes or has taken alcohol or any other drug
- Engages in antisocial behaviour
Pathways to involuntary admission
- Certificate of medical practitioner
- After apprehension by the police
- Request of relatives/friends
- Order of the court
- Information of a welfare officer
- Following order for medical examination
After the person gets to hospital
- Person must be given a form explaining their legal rights
- Examination by a doctor within 12 hours
- If neither mentally ill or mentally disordered, must be discharged
- If either mentally ill or disordered, must be a second examination
- In some cases a third examination is required.
Being detained as a mentally disordered person
- Can be detained for 3 days
- Must be examined every 24 hours by a doctor
- Must be discharged if no longer mentally disordered
- Can be detained for 3 x 3 day periods within a month
- Interpreter provided where appropriate
Being detained as a mentally ill person
- Must be seen by a magistrate
- Legally represented before the magistrate
- Medicated at minimum level until seen by magistrate
- Appear before the magistrate in street clothes
- Interpreter provided where appropriate
- Must be discharged if no longer a mentally ill person
Who reviews decisions under the Mental Health Act?
Two external review processes:
- The Magistrate’s Inquiry
- The Mental Health Review Tribunal
Patients can also have decisions about their care and treatment reviewed internally by the
medical superintendent.
Magistrate’s Inquiry
The magistrate looks at whether those who have been admitted involuntarily:
- Are mentally ill under the Act
- Require further detention
- Whether the correct procedures have been followed
They may:
- Make a Temporary Order up to 3 months
- Place them on a Community Order
- Adjourn the inquiry for up to 14 days
- Discharge the person
Mental Health Review Tribunal
The Tribunal has a wide range of powers to review decisions made under the Mental Health Act.
These include:
- Renewing and approving Community Orders
- Looking into the care of voluntary patients who have been hospitalised for a year
- Authorising applications for ECT
- Hearing extensions of Temporary Patient Orders
Legal representation under the Mental Health Act
- Mental Health Advocacy Service co-ordinates free legal representation for patients
throughout NSW
- Free legal representation is generally only provided in cases of involuntary detention
- ? Patients can organise a private lawyer if they wish
What are community orders?
Legal orders which require a person to have treatment in the community.
There are two types:
- Community Treatment Order (CTO)
- Community Counselling Order (CCO)
Community orders can be:
- Made for up to 6 months
- Renewed with the approval of the Mental Health Review Tribunal
Finding out more about the Mental Health Act
- Mental Health Review Tribunal
- Mental Health Advocacy Service
- Centre for Mental Health
Note
 This brochure comes
from Northern Sydney Health, Mental Health Services.
It is part of series of information sheets for families.
Links
We have fact sheets on a number of mental health topics: 'Someone in my family has psychosis':
Information for young people (primary school age), 'Someone in my family has psychosis: information for young people (high school age), ''What is psychosis?', The Mental Health Act.
Printable version 
|
Related links:
|
