Mental Health Regulation 2025

This regulation is the Mental Health Regulation 2025.

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This regulation replaces the Mental Health Regulation 2019, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

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.

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.

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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.

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—

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

give a copy of the notice to the Tribunal.

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—

notify the medical superintendent of the mental health facility, and

give a copy of the notice to the Tribunal.

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

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.

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

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—

a description of the services provided, and

the contact details,

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

a description of the services provided, and

the contact details,

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

the purpose and method of obtaining community treatment orders,

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

In this section—

relevant legal centres means—

the Legal Aid Commission of New South Wales, and

community legal centres.

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

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

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

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

The report must contain the following information—

the name of the mental health facility,

the name and telephone number of the person preparing the report,

the patient’s medical record number,

the patient’s date of birth,

the patient’s sex,

the patient’s country of birth,

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

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,

how the person was referred, including—

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

by an ambulance officer under the Act, section 20, or

by the police under the Act, section 22, or

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

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

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

by being re-classified as an involuntary patient, or

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

whether the person was admitted after examination,

whether on admission the patient was classified as—

a voluntary patient, or

an involuntary patient and a mentally ill person, or

an involuntary patient and a mentally disordered person.

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

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,

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

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

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

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

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

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—

by text to a mobile number specified by the person,

by electronic message to an electronic messaging platform specified by the person.