There are several laws that may impact people with mental illness in NSW:
The Mental Health Act 2007 (NSW) deals with the care and treatment of persons with mental illness in NSW, and
This section of the Manual covers similar topics but focuses more specifically on describing the objectives of the Act as it refers to human rights.
Mental Health and Cognitive ImpairmentCognitive impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) as an ongoing impairment in adaptive functioning and in comprehension, reasoning, judgement, learning or memory, which has resulted from damage or dysfunction to the brain or mind. Cognitive impairment may arise from intellectual disability, dementia, autism or foetal alcohol spectrum disorder. More Forensic Provisions Act 2020 (NSW)
The new Mental Health and Cognitive ImpairmentCognitive impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) as an ongoing impairment in adaptive functioning and in comprehension, reasoning, judgement, learning or memory, which has resulted from damage or dysfunction to the brain or mind. Cognitive impairment may arise from intellectual disability, dementia, autism or foetal alcohol spectrum disorder. More Forensic Provisions Act 2020 (NSW) replaces the Mental Health (Forensic Provisions) Act 1990 (MHFPA). See the Act here.
The Mental Health and Cognitive ImpairmentCognitive impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) as an ongoing impairment in adaptive functioning and in comprehension, reasoning, judgement, learning or memory, which has resulted from damage or dysfunction to the brain or mind. Cognitive impairment may arise from intellectual disability, dementia, autism or foetal alcohol spectrum disorder. More Forensic Provisions Act 2020 (NSW) has the following objectives:
Changes include modernising the language of the MHFPA and creating definitions for mental health impairmentMental health impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 as a temporary or ongoing disturbance serious enough to result in a mental health diagnosis and that negatively impacts the person's emotional wellbeing, judgement or behaviour. A mental health impairment can arise from an anxiety disorder, an affective disorder, a psychotic disorder or a substance-induced mental disorder that is not temporary. A mental health impairment does not include feelings such as grief or anger, or the temporary effect of taking drugs. A substance use disorder is not included in this definition. More and cognitive impairmentCognitive impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) as an ongoing impairment in adaptive functioning and in comprehension, reasoning, judgement, learning or memory, which has resulted from damage or dysfunction to the brain or mind. Cognitive impairment may arise from intellectual disability, dementia, autism or foetal alcohol spectrum disorder. More, giving courts a consistent standard to determine whether a person comes within the remit of the new Act. The new Act creates a statutory test to determine whether a person is fit to stand trial in the District Court or Supreme Court of New South Wales. It also changes the special verdict in the higher courts from ‘not guilty by reason of mental illness’ to ‘act proven but not criminally responsible because of mental health impairmentMental health impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 as a temporary or ongoing disturbance serious enough to result in a mental health diagnosis and that negatively impacts the person's emotional wellbeing, judgement or behaviour. A mental health impairment can arise from an anxiety disorder, an affective disorder, a psychotic disorder or a substance-induced mental disorder that is not temporary. A mental health impairment does not include feelings such as grief or anger, or the temporary effect of taking drugs. A substance use disorder is not included in this definition. More or cognitive impairment’, listing statutory factors for Magistrates to consider when deciding whether to divert defendants charged with less serious crimes in the Local Court. The list will also include whether the defendant is likely to endanger the safety of any victim or the community in general. The Act alters existing processes within the forensic mental health system, so that it is more efficient, transparent and clearer for all participants.
The Act continues to regulate the care, treatment, detention and release forensic patients and patients in prisons, including setting out the role and powers of the Mental Health Tribunal in reviewing forensic and correctional patients; and provides a formal process for victims views to be considered regarding leave or release of forensic patients.
Review Tribunal in reviewing forensic and correctional patients; and provides a formal process for victims views to be considered regarding leave or release of forensic patients.
Click here to read about mental illness and the criminal justice system.
Privacy and Personal Information Protection Act 1998 (NSW)
The Privacy and Personal Information Protection Act 1998 (NSW) deals with the privacy of personal information.
The Act:
Click here for more about confidentiality and privacy.
Health Records and Information Privacy Act 2002 (NSW)
The Health Records and Information Privacy Act 2002 (NSW) deals with privacy of personal health information.
The Act:
Click here for more information.
Anti-Discrimination Act 1977 (NSW)
The Anti-Discrimination Act 1977 (NSW):
Click here for more information.
The NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More Act 2009 (NSW) establishes the NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More (TAG), which has very broad functions. The TAG can act as trustee, executor or administrator, collector of estates, agent or attorney, guardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More or receiver of the estate of a minor, and receiver of any other property.
The Act has some functions that are relevant to people with mental illness. For example, the Act:
Click here for more information.
GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Act 1987 (NSW)
The GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Act 1987 (NSW):
To find out more click here or to see the Act click here.
DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Inclusion Act 2014 (NSW)
The DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Inclusion Act 2014 (NSW) contains general principles which align with the UN Convention of the Rights of Persons with Disabilities (CRPD). It acknowledges the human rights of all people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. The definition of disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More in the Act reflects the language of the CRPD, which says that persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others.
The Act also includes principles recognising the needs of particular groups, such as Aboriginal and Torres Strait Islander people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More, people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More from culturally and linguistically diverse backgrounds, women with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More and children with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. The definition recognises that disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More results from barriers in society that prevent or limit inclusion.
The DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Inclusion Act 2014 (NSW):
NSW Health – Charter for Mental Health Care in NSW
The Charter for Mental Health Care in NSW is a health policy document that outlines 15 principles that describe the way in which mental health services are to be delivered in NSW. These principles include respect for human rights, compassion and sensitivity, fostering of positive attitudes, encouraging consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More involvement and encouraging and supporting self-help.
You can obtain access to the Charter by following this link.
NSW Health – Mental Health Policy
NSW Health provide numerous policy documents that specify directives, guidelines and frameworks applicable to the NSW Health mental health service system. They are issued by the Ministry of Health through the Policy Distribution System. NSW Health organisations have systems in place to distribute policy documents to staff and organisations under their control and to monitor compliance. These policies and guidelines primarily refer to services provided in the public sector.
They cover a diversity of subjects including:
Click here for more information on where to get help; services and programs; mental health reforms; legislation and policies; resources and fact sheets and about recent reviews and consultations.
Please note: a number of the policies listed are undergoing review, so please check the NSW website for the most up-to-date versions.
Updated February 4, 2021