Mental Health Regulation 2025

Part 1 Preliminary

1 Name of regulation

This regulation is the Mental Health Regulation 2025.

2 Commencement

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Mental Health Regulation 2019, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

The dictionary in Schedule 2 defines words used in this regulation.

Note—

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

Part 2 Admission to, and care in, mental health facilities

4 Examinations by audio visual link—the Act, ss 19A(3) and 27A(5)

(1)  This section applies if an audio visual link is used at a mental health facility to enable a medical practitioner or accredited person to carry out an examination or observation of a person under the Act, section 19 or 27A.

(2)  The medical superintendent of the mental health facility must take reasonable steps to ensure—

(a)  any interference with the dignity and privacy of persons being examined or observed is kept to the minimum necessary in the circumstances, and

(b)  there are private areas available in the mental health facility for examinations or observations to be conducted using an audio visual link.

(3)  The medical practitioner or accredited person must take reasonable steps to ensure—

(a)  any interference with the dignity and privacy of the person being examined or observed is kept to the minimum necessary in the circumstances, and

(b)  the examination or observation is conducted in a private area of the mental health facility.

5 Clinical reports about persons detained in mental health facilities

For the Act, section 27(2), Form 1 is prescribed.

6 Notice of appearance before Tribunal

For the Act, section 76(3), the authorised medical officer must give the notice in the form set out in Form 2.

7 Responsibility of medical superintendent for Tribunal appearances—the Act, s 196(2)(a)

A medical superintendent must ensure that a patient or person detained in a mental health facility who will be brought before the Tribunal has, so far as is reasonably practicable, been supplied with shaving equipment, make-up or both.

8 Appeals against refusal to discharge—the Act, ss 44 and 196(2)(a)

(1)  For the Act, section 44(2), an applicant may make an appeal by—

(a)  serving a notice in the form set out in Form 3 on the authorised medical officer, or

(b)  declaring to the authorised medical officer that the applicant wishes to appeal to the Tribunal.

(2)  A person, other than an applicant, who has a right to appeal under the Act, section 44 may make an appeal by—

(a)  lodging at the office of the Tribunal, or serving on the Tribunal, a notice in the form set out in Form 3, or

(b)  serving a notice in the form set out in Form 4 on the authorised medical officer, or

(c)  declaring to the authorised medical officer, in the presence of the involuntary patient or person detained, that the patient or person wishes to appeal to the Tribunal.

(3)  If an appeal is made under subsection (1)(a) or (b) or (2)(b) or (c) to the medical superintendent of the mental health facility, the medical superintendent must—

(a)  notify the medical officer of the mental health facility nominated to be an authorised medical officer, if any, and

(b)  give a copy of the notice to the Tribunal.

(4)  If an appeal is made under subsection (1)(a) or (b) or (2)(b) or (c) to a medical officer of the mental health facility nominated to be the authorised medical officer, the medical officer must—

(a)  notify the medical superintendent of the mental health facility, and

(b)  give a copy of the notice to the Tribunal.

(5)  If an appeal is made under subsection (2)(a) to the Tribunal, the Registrar of the Tribunal must notify the authorised medical officer.

(6)  If an appeal is made under subsection (1)(b) or (2)(b) to the authorised medical officer, the authorised medical officer must make a written record of the making of the appeal.

9 Information to be given to patients when discharged—the Act, ss 79 and 196(2)(h)

(1)  Before being discharged from a mental health facility, a patient must be given written information about the following—

(a)  the patient support groups and community care groups available near the mental health facility and near to where the patient will reside after discharge, including—

(i)  a description of the services provided, and

(ii)  the contact details,

(b)  the relevant legal centres available near the mental health facility and near to where the patient will reside after discharge, including—

(i)  a description of the services provided, and

(ii)  the contact details,

(c)  out-patient or other services available at the mental health facility that are available to the patient,

(d)  the purpose and method of obtaining community treatment orders,

(e)  other similar follow-up services available near the mental health facility and near to where the patient will reside after discharge.

(2)  In this section—

relevant legal centres means—

(a)  the Legal Aid Commission of New South Wales, and

(b)  community legal centres.

10 Reports to Tribunal about involuntary admissions—the Act, s 196(2)(a)

(1)  The medical superintendent of a mental health facility must report to the Tribunal details of—

(a)  each person admitted to the mental health facility as a patient, other than a forensic patient, correctional patient or a voluntary patient, and

(b)  each person who is detained as a patient after being a voluntary patient, and

(c)  each person taken to the mental health facility against the person’s will who is not admitted.

(2)  The report must contain the following information—

(a)  the name of the mental health facility,

(b)  the name and telephone number of the person preparing the report,

(c)  the patient’s medical record number,

(d)  the patient’s date of birth,

(e)  the patient’s sex,

(f)  the patient’s country of birth,

(g)  whether an interpreter was required for the patient and, if so, in what language,

(h)  the date on which the person was taken to the mental health facility or the date on which the patient was re-classified as an involuntary patient,

(i)  how the person was referred, including—

(i)  by a certificate under the Act, section 19, including whether the certificate was issued following an order under the Act, section 23 for medical examination or observation, or

(ii)  by an ambulance officer under the Act, section 20, or

(iii)  by the police under the Act, section 22, or

(iv)  in accordance with an order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, Part 2, Division 3 or under the Mental Health Act 2007, section 24, or

(v)  by a transfer from a health facility in accordance with the Act, section 25, or

(vi)  on the written request of a designated carer, the principal care provider or a relative or friend of the person under the Act, section 26, or

(vii)  by being re-classified as an involuntary patient, or

(viii)  because of a breach of a community treatment order, under the Act, section 58,

(j)  whether the person was admitted after examination,

(k)  whether on admission the patient was classified as—

(i)  a voluntary patient, or

(ii)  an involuntary patient and a mentally ill person, or

(iii)  an involuntary patient and a mentally disordered person.

(3)  The report must be made as soon as practicable after the occurrence of the first of the following events in relation to a patient or detained person—

(a)  a refusal by the mental health facility to admit a person taken or detained in a mental health facility against the person’s will,

(b)  the admission, whether as a voluntary or involuntary patient, of a person taken to or detained in a mental health facility against the person’s will,

(c)  the re-classification by the mental health facility of a voluntary patient as an involuntary patient.

(4)  Despite subsection (3), the medical superintendent is not required to submit more than one report each week.

Part 3 Community treatment orders

11 Persons who may apply for community treatment orders

For the Act, section 51(2)(c), the following persons are prescribed—

(a)  a director of community treatment of a mental health facility who is familiar with the clinical history of the affected person,

(b)  a designated carer or the principal care provider of the affected person.

12 Notice of breach of community treatment order

For the Act, sections 58(5)(b) and 192(1)(a)(v), notice may be given to or served on a person by the following methods specified by the person for receiving breach notices under the Act, section 58—

(a)  by text to a mobile number specified by the person,

(b)  by electronic message to an electronic messaging platform specified by the person.

13 Orders that may be made on appeal in relation to community treatment orders—the Act, s 67(3)

On the hearing of an appeal under the Act, section 67, the Tribunal may make an order confirming, revoking or varying an order the subject of the appeal.

Part 4 Mental health treatments

14 Psychosurgery

For the Act, section 83(2), definition of psychosurgery, a neurological procedure carried out for treatment of the following is not included—

(a)  Parkinson’s disease,

(b)  Gilles de la Tourette syndrome,

(c)  chronic tic disorder,

(d)  tremor,

(e)  dystonia,

(f)  epilepsy.

15 Consent to electro convulsive therapy

(1)  For the Act, section 91(3), Form 5, Part 1 is prescribed.

(2)  For the Act, section 93(1)(a), Form 5, Part 2 is prescribed.

(3)  For the Act, section 96(3)(a) and (3A)(a)(i), consent to the administration of electro convulsive therapy may be given in the form set out in Form 5, Part 3.

16 Register of information relating to electro convulsive therapy—the Act, s 97(3)

(1)  The register under the Act, section 97 may be kept electronically.

(2)  The register must include the following information in relation to each patient or other person undergoing the treatment—

(a)  the date of the treatment,

(b)  whether the patient is classified as a voluntary or involuntary patient,

(c)  the provision of the Act under which consent was given,

(d)  details of the patient, namely the patient’s name, age, sex and medical record number,

(e)  details of the anaesthetic used,

(f)  the name of the anaesthetist,

(g)  the diagnosis of the patient or other person undergoing the treatment,

(h)  the motor and electroencephalogram treatment duration,

(i)  the placement of electrodes,

(j)  the dose administered,

(k)  the name of the medical officer in charge of administering the treatment,

(l)  the name of the assistant to the medical officer,

(m)  the name of the registered nurse,

(n)  other remarks or observations in relation to the treatment.

Part 5 Official visitors

17 Additional qualified persons

For the Act, section 129(2)(c), the following qualifications are prescribed—

(a)  registration as a registered nurse,

(b)  qualification as a social worker eligible for membership of the Australian Association of Social Workers,

(c)  registration as an occupational therapist,

(d)  qualification as a speech pathologist eligible for membership of Speech Pathology Australia.

18 Visits to mental health facilities

For the Act, section 131(1), an official visitor must visit a mental health facility as follows—

(a)  for a facility that is an emergency department in a hospital—

(i)  if another mental health facility is located in the hospital and that other facility treats patients on an in-patient basis—once a month, or

(ii)  otherwise—once every 3 months,

(b)  otherwise—

(i)  if the facility treats patients on an in-patient basis only or on both an in-patient and out-patient basis—once a month, or

(ii)  if the facility treats patients on an out-patient basis only—once every 6 months.

Part 6 Mental Health Review Tribunal

19 Constitution of Tribunal for certain proceedings—the Act, s 150(5)

(1)  The Tribunal must be constituted by 3 persons for the following functions—

(a)  a review of a voluntary patient under the Act, section 9,

(b)  a review of an involuntary patient under the Act, section 37,

(c)  determining an appeal made in relation to an involuntary patient under the Act, section 44,

(d)  determining an application for a community treatment order or for the variation or revocation of a community treatment order under the Act, Chapter 3, Part 3, other than an application for variation or revocation that is not contested,

(e)  a review of a detained person under the Act, section 63,

(f)  determining an appeal by an affected person under the Act, section 67,

(g)  conducting an ECT inquiry within the meaning of the Act, Chapter 4, Part 2, Division 3,

(h)  determining an application for consent to the performance of a surgical operation on an involuntary patient under the Act, section 101,

(i)  determining an application for consent to the carrying out of special medical treatment on an involuntary patient under the Act, section 103.

(2)  The Tribunal must be constituted by 1 of the following persons—

(a)  for the function of determining whether to grant an approval for the making of an application for a change of name of a forensic patient as a supervising authority under the Births, Deaths and Marriages Registration Act 1995, Part 5, Division 3—

(i)  the President, or

(ii)  a Deputy President,

(b)  for the function of determining an appeal made under the Act, section 44 in relation to a person detained at a mental health facility, other than an involuntary patient—

(i)  the President, or

(ii)  a Deputy President, or

(iii)  a member qualified to be appointed as a Deputy President.

(3)  To avoid doubt, nothing in this section prevents a Tribunal properly constituted with less than 3 persons under the Act, section 150(2A) from exercising functions of the Tribunal under the Act, section 35, including in connection with the making of a community treatment order.

20 Summons to attend as witness or to produce evidence

For the Act, section 157(1), Form 6 is prescribed.

21 Orders and directions of Tribunal—the Act, s 160(2)(f)

(1)  An order or direction of the Tribunal for a mental health inquiry is—

(a)  to be recorded in writing, and

(b)  to include the reasons for the order or direction, and

(c)  to be in a form approved by the President.

(2)  Nothing in this section prevents the Tribunal from giving an order or direction orally.

(3)  An order or direction given orally by the Tribunal must be recorded in accordance with this section.

Part 7 Interstate patients and mental health laws

Division 1 Preliminary

22 Definitions

In this part—

ACT approved mental health facility means an approved mental health facility within the meaning of the Mental Health Act 2015 of the Australian Capital Territory.

ACT Chief Psychiatrist means the Chief Psychiatrist of the Australian Capital Territory.

administrator, of a Queensland authorised mental health service, means the person appointed under the Mental Health Act 2016 of Queensland, section 332 to be the administrator of the service.

authorised psychiatrist means a person appointed as an authorised psychiatrist under the Mental Health and Wellbeing Act 2022 of Victoria, section 328.

civil interstate apprehension order means the following orders—

(a)  a civil interstate apprehension order, within the meaning of the ACT civil agreement, issued in accordance with that agreement,

(b)  an interstate apprehension order, within the meaning of the Queensland agreement, issued, in accordance with that agreement, in relation to a civil patient within the meaning of that agreement,

(c)  a civil interstate apprehension order, within the meaning of the South Australian civil agreement, issued in accordance with that agreement,

(d)  a civil interstate apprehension order, within the meaning of the Victorian civil agreement, issued in accordance with that agreement.

forensic interstate apprehension order means the following orders—

(a)  an interstate apprehension order, within the meaning of the Queensland agreement, issued in accordance with that agreement, in relation to a forensic patient within the meaning of that agreement,

(b)  an interstate apprehension order, within the meaning of the Victorian agreement, issued in accordance with that agreement.

interstate agreement means the following agreements relating to the interstate application of mental health laws—

(a)  the agreement dated 19 February 2002 made between the Minister and the Minister for Health for Victoria (the Victorian agreement),

(b)  the agreement dated 18 November 2003 made between the Minister and the Minister for Health for the ACT (the ACT civil agreement),

(c)  the agreement dated 18 March 2009 made between the Minister and the Minister for Mental Health and Substance Abuse for South Australia (the South Australian civil agreement),

(d)  the agreement dated 9 September 2011 made between the Minister and the Minister for Health for Victoria (the Victorian civil agreement),

(e)  the agreement dated 17 September 2018 made between the Minister and the Minister for Health for Queensland (the Queensland agreement).

interstate apprehension order means a civil interstate apprehension order or forensic interstate apprehension order.

interstate mental health facility means the following—

(a)  an ACT approved mental health facility,

(b)  a Queensland authorised mental health service,

(c)  a South Australian approved treatment centre,

(d)  a Victorian mental health facility.

interstate transfer request notice means an interstate transfer request notice issued in accordance with the ACT civil agreement, Queensland agreement, South Australian civil agreement or Victorian civil agreement.

NSW ambulance officer means an ambulance officer or a person appointed to be an honorary ambulance officer by the Secretary.

NSW declared mental health facility means a declared mental health facility in New South Wales.

NSW mental health facility means a mental health facility in New South Wales.

NSW police officer means a police officer within the meaning of the Police Act 1990.

Queensland authorised mental health service means a health service, or part of a health service, declared to be an authorised mental health service under the Mental Health Act 2016 of Queensland, section 329 or 331.

Queensland patient has the same meaning as in the Queensland agreement.

South Australian approved treatment centre means an approved treatment centre within the meaning of the Mental Health Act 2009 of South Australia.

South Australian patient means an interstate person in relation to South Australia, within the meaning of the South Australian civil agreement.

Victorian mental health facility means a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 of Victoria.

Victorian patient has the same meaning as in the Victorian agreement.

23 Corresponding laws

For the Act, section 170, definition of corresponding law, the following laws and the regulations made under those laws are declared to be corresponding laws—

(a)  the Mental Health Act 2015 of the Australian Capital Territory,

(b)  the Mental Health Act 2016 of Queensland,

(c)  the Public Health Act 2005 of Queensland, Chapter 4A,

(d)  the Mental Health Act 2009 of South Australia,

(e)  the Mental Health and Wellbeing Act 2022 of Victoria.

Division 2 Transfer of patients and persons to and from NSW

24 Admission of persons to interstate mental health facilities

(1)  For the Act, section 174(2)(b), the following persons are authorised—

(a)  the medical superintendent of a NSW mental health facility or a person authorised by the medical superintendent,

(b)  a NSW police officer,

(c)  a NSW ambulance officer, except if the person is being taken to a Queensland authorised mental health service.

Note—

Under the Act, section 174(2), a person authorised under a corresponding law may also take a person to an interstate mental health facility.

(2)  For the Act, section 174(3)(c), the following are mental health facilities to which a person may be taken—

(a)  an ACT approved mental health facility,

(b)  a Queensland authorised mental health service,

(c)  a South Australian approved treatment centre,

(d)  a Victorian mental health facility.

25 Transfer of patients from NSW to interstate mental health facilities

(1)  For the Act, section 176(3), the following persons are authorised—

(a)  the medical superintendent of a NSW mental health facility or a person authorised by the medical superintendent,

(b)  a NSW police officer,

(c)  a NSW ambulance officer, except if the person is being taken to a Queensland authorised mental health service.

Note—

Under the Act, section 176(3), a person authorised under a corresponding law may also take a person to an interstate mental health facility.

(2)  For the Act, section 176(4)(a) and (b), the medical superintendent of a NSW mental health facility that is transferring a person involuntarily detained as an involuntary patient to an ACT approved mental health facility must—

(a)  before transferring the person—

(i)  give the person in charge of the ACT approved mental health facility a completed interstate transfer request notice in the form specified in the ACT civil agreement, and

(ii)  ensure the ACT Chief Psychiatrist has given written approval of the transfer, and

(b)  give the following to the person in charge—

(i)  an interstate transfer order,

(ii)  information, including medical records, that the medical superintendent considers reasonably necessary for the continued care and treatment of the person.

(3)  For the Act, section 176(4)(a) and (b), the medical superintendent of a NSW mental health facility that is transferring a person involuntarily detained as an involuntary patient to a Queensland authorised mental health service must—

(a)  before transferring the person—

(i)  give the administrator of the Queensland authorised mental health service a completed interstate transfer request notice in the form specified in the Queensland agreement, and

(ii)  ensure the administrator has given written approval of the transfer, and

(b)  give the following to the administrator—

(i)  an interstate transfer order,

(ii)  information, including medical records, that the medical superintendent considers reasonably necessary for the continued care and treatment of the person.

(4)  For the Act, section 176(4)(a) and (b), the medical superintendent of a NSW mental health facility that is transferring a person involuntarily detained as an involuntary patient to a South Australian approved treatment centre must—

(a)  before transferring the person—

(i)  give the director of the South Australian approved treatment centre an interstate transfer request notice in the form specified in the South Australian civil agreement, and

(ii)  ensure the director has given written approval of the transfer, and

(b)  give the following to the director—

(i)  a written order, in the approved form, authorising the transfer,

(ii)  information, including medical records, that the medical superintendent considers reasonably necessary for the continued care and treatment of the person.

(5)  For the Act, section 176(4)(a) and (b), the medical superintendent of a NSW mental health facility that is transferring a person involuntarily detained as an involuntary patient to a Victorian mental health facility must—

(a)  before transferring the person—

(i)  give the authorised psychiatrist of the Victorian mental health facility a completed interstate transfer request notice in the form specified in the Victorian civil agreement, and

(ii)  ensure the authorised psychiatrist has given written approval of the transfer, and

(b)  give the following to the authorised psychiatrist—

(i)  a written order, in the form approved by the Minister, authorising the transfer,

(ii)  information, including medical records, that the medical superintendent considers reasonably necessary for the continued care and treatment of the person.

(6)  For the Act, section 176(4)(e), the following are mental health facilities to which a person may be taken—

(a)  an ACT approved mental health facility,

(b)  a Queensland authorised mental health service,

(c)  a South Australian approved treatment centre,

(d)  a Victorian mental health facility.

26 Admission of interstate persons to NSW mental health facilities

(1)  For the Act, section 177(2)(b), the following persons are authorised—

(a)  the medical superintendent of a NSW mental health facility or a person authorised by the medical superintendent,

(b)  a NSW police officer,

(c)  a NSW ambulance officer.

Note—

Under the Act, section 177(2), a person authorised under a corresponding law may also take a person to a NSW mental health facility.

(2)  For the Act, section 177(3)(c), a person may be taken to all NSW declared mental health facilities.

27 Transfer of interstate persons to NSW mental health facilities

(1)  For the Act, section 179(2), the following persons are authorised—

(a)  the medical superintendent of a NSW mental health facility or a person authorised by the medical superintendent,

(b)  a NSW police officer,

(c)  a NSW ambulance officer, except if the person is being taken from a Queensland authorised mental health service.

Note—

Under the Act, section 179(2), a person authorised under a corresponding law may also take a patient from an interstate mental health facility to a NSW declared mental health facility.

(2)  For the Act, section 179(4)(a), a person subject to a mental health order under the Mental Health Act 2015 of the Australian Capital Territory must not be transferred from an ACT approved mental health facility to a NSW declared mental health facility unless—

(a)  before transferring the person—

(i)  the ACT Chief Psychiatrist gives the medical superintendent of the NSW declared mental health facility a completed interstate transfer request notice in the form specified in the ACT civil agreement, and

(ii)  the medical superintendent gives written approval of the transfer, and

(b)  the ACT Chief Psychiatrist gives the following to the medical superintendent—

(i)  a copy of the transfer order relating to the person,

(ii)  information, including medical records, that the ACT Chief Psychiatrist considers reasonably necessary for the continued care and treatment of the person.

(3)  For the Act, section 179(4)(a), a person subject to an inpatient category treatment authority under the Mental Health Act 2016 of Queensland must not be transferred from a Queensland authorised mental health service to a NSW declared mental health facility unless—

(a)  before transferring the person—

(i)  the administrator of the Queensland authorised mental health service, gives the medical superintendent of the NSW declared mental health facility a completed interstate transfer request notice in the form specified in the Queensland agreement, and

(ii)  the medical superintendent gives written approval of the transfer, and

(b)  the administrator gives the following to the medical superintendent—

(i)  a copy of the transfer order relating to the person,

(ii)  information, including medical records, that the administrator considers reasonably necessary for the continued care and treatment of the person.

(4)  For the Act, section 179(4)(a), a person who is a detained person under the Mental Health Act 2009 of South Australia must not be transferred from a South Australian approved treatment centre to a NSW declared mental health facility unless—

(a)  before transferring the person—

(i)  the director of the South Australian approved treatment centre gives the medical superintendent of the NSW declared mental health facility a completed interstate transfer request notice in the form specified in the South Australian civil agreement, and

(ii)  the medical superintendent gives written approval of the transfer, and

(b)  the director gives the following to the medical superintendent—

(i)  a copy of the transfer order relating to the person,

(ii)  information, including medical records, that the director considers reasonably necessary for the continued care and treatment of the person.

(5)  For the Act, section 179(4)(a), a person who is subject to an inpatient temporary treatment order or an inpatient treatment order under the Mental Health and Wellbeing Act 2022 of Victoria must not be transferred from a Victorian mental health facility to a NSW declared mental health facility unless—

(a)  before transferring the person—

(i)  the authorised psychiatrist of the Victorian mental health facility gives the medical superintendent of the NSW declared mental health facility a completed interstate transfer request notice in the form specified in the Victorian civil agreement, and

(ii)  the medical superintendent gives written approval of the transfer, and

(b)  the authorised psychiatrist gives the following to the medical superintendent—

(i)  a copy of the interstate transfer order made under the Mental Health and Wellbeing Act 2022 of Victoria, section 600 or 602,

(ii)  information, including medical records, that the psychiatrist considers reasonably necessary for the continued care and treatment of the person.

Division 3 Community treatment orders

28 Interstate community treatment orders

(1)  For the Act, section 170, definition of interstate community treatment order, the following are declared to be an interstate community treatment order for the purposes of the Act, Chapter 8—

(a)  a psychiatric treatment order made under the Mental Health Act 2015 of the Australian Capital Territory, section 58,

(b)  a community category treatment authority made under the Mental Health Act 2016 of Queensland, Chapter 2, Part 4,

(c)  a community temporary treatment order or community treatment order made under the Mental Health and Wellbeing Act 2022 of Victoria, section 181 or 194.

(2)  For the Act, section 182(2)(a), the following are taken to be a mental health facility of another State—

(a)  an ACT approved mental health facility,

(b)  a Queensland authorised mental health service,

(c)  a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 of Victoria.

29 Limitations on treatment under interstate community treatment orders

For the Act, section 184(3), a NSW declared mental health facility must not administer electro convulsive therapy under an interstate community treatment order recognised under that section.

Division 4 Apprehension of persons absent from mental health facility or in breach of orders

30 Recognition of interstate orders

For the Act, section 185, it is a condition of recognition of an interstate apprehension order that the order must comply with the interstate agreement under which the order is issued.

31 Apprehension of patients and persons under interstate apprehension orders

(1)  For the Act, sections 186(1)(b) and 187(d), the following persons are authorised to apprehend an Australian Capital Territory patient, a Queensland patient, a South Australian patient or a Victorian patient, or other person who is liable to be apprehended under an interstate apprehension order—

(a)  a person who is authorised to apprehend the patient or other person under an order made under the following—

(i)  the Mental Health Act 2015 of the Australian Capital Territory,

(ii)  the Mental Health Act 2016 of Queensland and the Public Health Act 2005 of Queensland, Chapter 4A,

(iii)  the Mental Health Act 2009 of South Australia,

(iv)  the Mental Health and Wellbeing Act 2022 of Victoria,

(b)  for a forensic interstate apprehension order—a person who is authorised to retake a forensic patient under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, section 119,

(c)  for a civil interstate apprehension order—a person who is authorised to apprehend a person under the Act, section 48.

Note—

Under the Act, section 186(1), a police officer and a person authorised under a provision of a corresponding law may also apprehend a person.

(2)  For the Act, section 187(e) and (f), the following actions may, in accordance with an interstate agreement, be taken in relation to an Australian Capital Territory patient, a Queensland patient, a South Australian patient or a Victorian patient, or other person who is liable to be apprehended under an interstate apprehension order—

(a)  the patient or person may be taken to and detained in a NSW declared mental health facility,

(b)  the patient or person may be taken or transferred to the following—

(i)  for a person subject to a civil interstate apprehension order issued under the ACT civil agreement—an ACT approved mental health facility,

(ii)  for a Queensland patient—an authorised mental health service within the meaning of the Mental Health Act 2016 of Queensland,

(iii)  for a person subject to an interstate apprehension order issued under the Queensland agreement—a Queensland authorised mental health service,

(iv)  for a person subject to a civil interstate apprehension order issued under the South Australian civil agreement—a South Australian approved treatment centre,

(v)  for a Victorian patient or person subject to a civil interstate apprehension order issued under the Victorian civil agreement—a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 of Victoria.

Part 8 Patient funds and accounts—the Act, s 196(2)(i) and (j)

32 Definitions

In this part—

patient account—see section 33(3).

Patients Trust Fund, for a mental health facility, means the fund established by the responsible person for the mental health facility under section 33(1).

responsible person, for a mental health facility, means—

(a)  for a declared mental health facility—the Secretary, and

(b)  for a private mental health facility—the medical superintendent of the facility.

33 Patients Trust Fund

(1)  The responsible person for a mental health facility must establish and keep a Patients Trust Fund in an authorised deposit-taking institution approved by the Treasurer.

(2)  The following money must be paid into the Patients Trust Fund for a mental health facility—

(a)  money received by the responsible person from a patient for custody on behalf of the patient,

(b)  money received by the responsible person from another person for the benefit, use or enjoyment of a specified patient.

(3)  The responsible person for the mental health facility must keep a separate ledger account for each patient in the Patients Trust Fund for the mental health facility (a patient account).

(4)  Money standing to the credit of a patient’s account in the Patients Trust Fund may be withdrawn by the patient for a purpose that, in the responsible person’s opinion, is for the benefit, use or enjoyment of the patient.

34 Withdrawals from patient accounts

(1)  The responsible person for a mental health facility may authorise the withdrawal of an amount from a patient’s account in the Patients Trust Fund if, in the responsible person’s opinion—

(a)  the patient is incapable of withdrawing from, and safeguarding money in, the patient’s account, and

(b)  the amount is necessary for the purchase of goods and services for the benefit, use or enjoyment of the patient.

(2)  Before authorising withdrawals from the patient’s account, the responsible person must, if reasonably practicable, consult with the patient’s designated carer or principal care provider about the general amounts and frequency of withdrawals.

(3)  A certificate, signed by 2 members of staff of a mental health facility, to the effect that the goods or services represented by the amount withdrawn under this section have been received by the patient for the benefit, use or enjoyment of the patient is evidence that—

(a)  the patient has received the goods or services, and

(b)  the goods or services are for the benefit, use or enjoyment of the patient.

35 Discharge or death of patients

(1)  This section applies to a patient if the management of the patient’s estate has been committed to the NSW Trustee and Guardian.

(2)  After the discharge or death of the patient, the responsible person for the mental health facility must pay to the NSW Trustee and Guardian the money standing to the credit of the patient in the patient’s account in the Patients Trust Fund.

36 Patient accounts in public hospitals to form single fund

(1)  Money standing to the credit of all patient accounts kept in the Patients Trust Fund in relation to mental health facilities that are public hospitals constitutes a single fund.

(2)  The fund may be invested by the Secretary in accordance with and subject to the Trustee Act 1925 or in another form of investment approved by the Treasurer.

(3)  The Secretary must, at least once a year, distribute the interest earned on the fund to the patient accounts.

(4)  The Secretary must credit the patient accounts proportionately according to the amount standing to the credit of the patient’s account during the period in which the interest was earned.

(5)  In this section—

public hospital has the same meaning as in the Health Services Act 1997.

37 Record of money received for the benefit, use or enjoyment of patients

(1)  The responsible person for a mental health facility must keep a record of money—

(a)  received by the mental health facility for relevant purposes, and

(b)  paid for relevant purposes.

(2)  In this section—

relevant purposes mean the purposes of providing goods, services or amenities for the benefit, use or enjoyment of the patients of the mental health facility generally.

Part 9 Miscellaneous

38 Term of nominations of designated carers

For the Act, section 72(5), a period of 12 months is prescribed.

39 Transport of persons to and from mental health facilities and other facilities

For the Act, section 81(1)(d), the following are prescribed—

(a)  a person providing ambulance transport with the consent of the Secretary under the Health Services Act 1997, section 67E,

(b)  the Royal Flying Doctor Service of Australia South Eastern Section.

40 Annual reports by Secretary

For the Act, section 108(1), the following matters relating to mental health services are prescribed—

(a)  achievements in mental health service performance,

(b)  information about the use of mental health resources.

41 Fees for private mental health facilities

The following fees are prescribed—

(a)  for the Act, section 115(2)(b)—$120,

(b)  for the Act, section 118(b)—$120,

(c)  for the Act, section 119—$60.

42 Tribunal may request information from other agencies

For the Act, section 162A(1), the following persons are prescribed—

(a)  the Chief Executive of Justice Health and Forensic Mental Health Network,

(b)  the Chief Executive of The Sydney Children’s Hospitals Network (Randwick and Westmead), incorporating the Royal Alexandra Hospital for Children.

43 Oath of office for assessors

For the Act, section 165(2), Form 7 is prescribed.

44 Savings

An act, matter or thing that, immediately before the repeal of the Mental Health Regulation 2019, had effect under that regulation continues to have effect under this regulation.

Schedule 1 Forms

sections 5, 6, 8(1)(a) and (2)(b), 15, 20 and 43

Form 1   Clinical report as to mental state of detained person

Mental Health Act 2007, s 27 or 27A

This report is made as—
(tick whichever is appropriate)

□  a certificate of the opinion of an authorised medical officer after examination of a person under the Mental Health Act 2007, section 27(1)(a),

□  advice by a medical practitioner to an authorised medical officer under the Mental Health Act 2007, section 27(1)(b) or (c).

OR, if it is not reasonably practicable for an authorised medical officer of a mental health facility or other medical practitioner to personally examine a person or observe the person’s condition for the purpose of determining, under the Mental Health Act 2007, section 27, whether the person is a mentally ill person or a mentally disordered person—

This report is made as—
(tick whichever is appropriate)

□  a certificate of the opinion of a medical practitioner after examination of a person using an audio visual link in accordance with the Mental Health Act 2007, section 27A(1)(a),

□  a certificate of the opinion of an accredited person authorised by the medical superintendent of [name of mental health facility] to personally examine a person in accordance with the Mental Health Act 2007, section 27A(1)(b).

Note 1—

For examinations under the Mental Health Act 2007, section 27A, an accredited person and a medical practitioner who is not a psychiatrist must, if it is reasonably practicable to do so, seek the advice of a psychiatrist before making a determination as to whether the person is a mentally ill person or a mentally disordered person. See the Mental Health Act 2007, section 27A(4).

Note 2—

A medical practitioner must not carry out an examination or observation using an audio visual link unless the medical practitioner is satisfied that the examination or observation may be carried out by audio visual link with sufficient skill and care to form the required opinion about the person. See the Mental Health Act 2007, section 27A(3).

I, the undersigned, a registered medical practitioner/an accredited person on [date and time] examined by audio visual link/personally examined [patient’s name] a person detained at [name of mental health facility].

I also certify the following (whichever is appropriate)—

(a)  on [date and time] [name of second examiner], as referred to in the Mental Health Act 2007, section 27(1)(b), examined by audio visual link/personally examined the patient,

(b)  on [date and time] [name of third examiner], as referred to in the Mental Health Act 2007, section 27(1)(c), examined by audio visual link/personally examined the patient,

(c)  on [date and time] [name of examiner], as referred to in the Mental Health Act 2007, section 27A, examined by audio visual link/personally examined the patient.

In my opinion, [patient’s name]—
(tick the 1 box that is appropriate)

□  is not a mentally ill or mentally disordered person,

□  is a mentally ill person,

□  is a mentally disordered person.

The basis for my opinion is as follows—

Reported behaviour of the patient

[list behaviours]

Observations by me of the patient

[list observations]

Conclusion

[insert conclusion]

(This report may be continued on a separate page, if necessary)

Name of registered medical practitioner/accredited person—

Qualifications as a psychiatrist, if applicable—

[Signature]

[Date]

Note—

This report is for the use of a legal tribunal and therefore should not be written in technical medical language.

Form 2   Mental health inquiry under the Mental Health Act 2007

Mental Health Act 2007, s 76(3)

Mental health facility .........................

Address .........................

Notice of proceedings before Mental Health Review Tribunal

Dear .........................

I wish to advise you that [patient’s name] is at present a patient at this mental health facility under the provisions of the Mental Health Act 2007.

On [date] at approximately [time] the Mental Health Review Tribunal will hold an inquiry at [location] to consider whether or not further detention for the purpose of treatment is warranted.

You are invited to attend this inquiry. With the permission of the patient and the Tribunal, any person at all may represent the patient. However, the patient will be legally represented unless the patient decides that the person does not want to be. Should it be necessary, a competent interpreter will be available to assist.

If the Tribunal considers further detention is warranted, the Tribunal will also consider whether or not the patient is able to manage the patient’s affairs. If the Tribunal considers that the patient is able to do so, then the patient will continue to do so. If the Tribunal is not satisfied that the patient can manage the patient’s affairs, then an order will be made that the NSW Trustee and Guardian manage the patient’s affairs.

If the patient does not agree that the patient’s affairs should be managed by the NSW Trustee and Guardian, the patient may appeal to the Supreme Court or the Civil and Administrative Tribunal.

If you have any questions, please feel free to discuss them with the patient’s doctor or social worker. Contact may be made by telephoning [telephone number].

Yours faithfully,

[Authorised medical officer]

[Date]

Form 3   Appeal by patient against refusal to discharge

Mental Health Act 2007, s 44(2)

To the Registrar of the Mental Health Review Tribunal

My name is [name].

I am an involuntary patient/a person detained at [name of mental health facility].

I have applied to an authorised medical officer for discharge under the Mental Health Act 2007, section 42(1).

I want to appeal to the Tribunal against the authorised medical officer’s—
(Tick 1 box only)

□  refusal to discharge me

□  failure to make a determination on my application for discharge within 3 working days after I made the application.

[Signature]

[Date]

Form 4   Appeal by person other than patient against refusal to discharge patient

Mental Health Act 2007, s 44(2)

This appeal relates to [patient’s name], who is an involuntary patient/a person detained at [name of mental health facility].

An application was made to an authorised medical officer for discharge of the patient under the Mental Health Act 2007.

My name is [name of appellant].

I am—
(Tick 1 box only)

□  the applicant for discharge of the patient

□  a person appointed by the patient.

I want to appeal to the Mental Health Review Tribunal against the authorised medical officer’s—
(Tick 1 box only)

□  refusal to discharge the patient

□  failure to make a determination within 3 working days after the application for discharge of the patient.

[Signature]

[Date]

Form 5   Information and consent—electro convulsive therapy

Mental Health Act 2007, ss 91, 93 and 96

Part 1   Information to consider before signing

Electroconvulsive therapy (ECT) is recommended if alternative forms of treatment have either not worked well or would work too slowly to be effective.

The following will happen during ECT treatment—

(a)  You will be given a brief general anaesthetic. This involves giving medications to ensure that you are asleep during the procedure and to relax the muscles. The anaesthetist will normally give the anaesthetic by an intravenous injection.

(b)  While you are anaesthetised, another medical practitioner will use a medical apparatus designed to pass a controlled electrical current through your head for a few seconds. The intention is to affect those parts of your brain related to emotion and thought.

(c)  While the current is passing, the anaesthetic is intended to prevent you from feeling anything and to prevent your body from moving more than slightly.

(d)  An acute course of treatment with ECT may be given 2 or 3 times a week with the goal of improving symptoms.

(e)  An acute course of treatment will generally involve between 6 and 12 treatments, but on some occasions, more treatments will be required. Any queries you have in relation to the number of treatments you may need may be raised with your doctor.

(f)  Some people need to have more ECT after an acute course to prevent symptoms from returning. This is called continuation or maintenance ECT, and is usually given less frequently (usually every 1–4 weeks). It may be given over several weeks or months, or sometimes longer if needed.

Possible benefits of treatment

Benefits depend on your symptoms and may vary between people. Relief may be obtained from the symptoms of a variety of mental health disorders including depression, bipolar disorder and schizophrenia.

Possible alternative treatments

Other treatments may also be considered for your condition. A full disclosure of appropriate alternative treatments must be provided to you. Any questions you have in relation to this information may be discussed with your doctor.

Possible complications of treatment

Immediately after ECT most people have a short period of confusion due to the treatment and the anaesthetic. This usually resolves rapidly. Some people notice difficulties with their memory of new information or events occurring during ECT treatment. Some people may also experience memory loss for events which occurred before they started ECT. The degree of memory loss varies between people and is more likely to affect memories for events closer in time to the ECT course. This usually gets better over time, but for some, the loss of some past memories may be permanent.

Other thinking abilities may also be affected by ECT. These effects usually resolve within a month of receiving the last acute ECT treatment.

Some people experience a headache, nausea, or muscle soreness on awakening after the treatment. Your blood pressure and heart rate often increase during the treatment, and sometimes medication is given by the anaesthetist to manage this. Uncommon side effects that may occur during the procedure include abnormal heart rhythms and problems with breathing related to the anaesthetic. Very rare complications include injuries to bones, muscles or teeth from movement. This is very rare because medication is given to relax your muscles, and a mouth guard is used to protect your teeth.

Consent to treatment

This treatment cannot be carried out without your consent (see Part 2 below), unless you are an involuntary patient at the mental health facility. If you are an involuntary patient, the treatment can only be carried out in accordance with an order made by the Mental Health Review Tribunal.

Before giving this consent you may ask your doctor any questions relating to the techniques or procedures to be followed.

You may also withdraw your consent and discontinue this treatment AT ANY TIME.

Persons under 16

People under 16 may provide consent for ECT, but the consent must be reviewed at a Mental Health Review Tribunal hearing.

Legal and medical advice

You have the right to get legal advice and medical advice before you give your consent. The LawAccess NSW telephone number is 1300 888 529.

Disclosure of financial relationship

All medical officers involved in the delivery of your ECT treatment receive financial compensation for their work.

Part 2   Consent to electro convulsive therapy

I, [name in full], consent to being treated with electro convulsive therapy.

I ACKNOWLEDGE that I have read/have had read to me Part 1 of this Form, and that I understand the information it contains.

I UNDERSTAND that I am free at any time to change my mind and withdraw from the course of treatment if I so desire.

[Signature]

[Date]

Part 3   Consent to electro convulsive therapy for involuntary patients

I, [name in full], consent to being treated with electro convulsive therapy.

I ACKNOWLEDGE that I have read/have had read to me Part 1 of this Form, and that I understand the information it contains.

I UNDERSTAND that I am free at any time to change my mind and withdraw from the course of treatment if I so desire.

I UNDERSTAND that my consent will be reviewed by the Mental Health Review Tribunal.

[Signature]

[Date]

Interpreter (if applicable)

[Name]

[Signature]

[Date]

[EmployeeID/Provider number]

Certification by witness*

I certify that all matters dealt with in this Form have been orally explained to the person in relation to whom treatment is proposed and have been explained in a language with which that person is familiar.

[Signature]

[Date]

*The witness must be a person observing the consent process other than the medical officers recommending ECT.

Form 6   Summons for Mental Health Review Tribunal

Mental Health Act 2007, s 157(1)

To .........................

The Mental Health Review Tribunal will be hearing matters in relation to [name of patient].

The hearing will take place at [time] on [date] at [address].

You are required—
(Tick 1 box only)

□  to attend the hearing as a witness

□  to attend the hearing and produce the following documents—
............................................................
............................................................

You are entitled to receive reasonable costs, including any loss of earnings incurred through compliance with this summons.

Should you fail or refuse to comply with this summons, properly served, you may be guilty of an offence under the Mental Health Act 2007.

If you are required to attend the hearing only to produce documents, it is sufficient compliance with this summons if those documents are delivered to [place] at [address] on or before [date].

[Signature]

[President/Deputy President] of the Mental Health Review Tribunal

Form 7   Oath of assessor

Mental Health Act 2007, s 165(2)

I, [name], do swear that I will well and truly advise and assist, without fear or favour, affection or ill will, the Supreme Court of New South Wales as an assessor in any matter coming before that Court pursuant to the provisions of the Mental Health Act 2007.

Schedule 2 Dictionary

section 3

ACT approved mental health facility, for Part 7—see section 22.

ACT Chief Psychiatrist, for Part 7—see section 22.

administrator, for Part 7—see section 22.

authorised psychiatrist, for Part 7—see section 22.

civil interstate apprehension order, for Part 7—see section 22.

forensic interstate apprehension order, for Part 7—see section 22.

Form means a form set out in Schedule 1.

interstate agreement, for Part 7—see section 22.

interstate apprehension order, for Part 7—see section 22.

interstate mental health facility, for Part 7—see section 22.

interstate transfer request notice, for Part 7—see section 22.

NSW ambulance officer, for Part 7—see section 22.

NSW declared mental health facility, for Part 7—see section 22.

NSW mental health facility, for Part 7—see section 22.

NSW police officer, for Part 7—see section 22.

patient account, for Part 8—see section 32.

Patients Trust Fund, for Part 8—see section 32.

Queensland authorised mental health service, for Part 7—see section 22.

Queensland patient, for Part 7—see section 22.

responsible person, for Part 8—see section 32.

South Australian approved treatment centre, for Part 7—see section 22.

South Australian patient, for Part 7—see section 22.

the Act means the Mental Health Act 2007.

Victorian mental health facility, for Part 7—see section 22.

Victorian patient, for Part 7—see section 22.