visits review unit nsw

Speak Directly To a Lawyer Now

• Comments This field is for validation purposes and should be left unchanged.
• State * QLD ACT NSW NT SA TAS VIC WA
• Date * DD slash MM slash YYYY
• Time : Hours Minutes AM PM AM/PM

Visiting Someone In Jail

When someone is sent to jail, it can be very difficult for friends or family members. One thing that often causes stress and difficulty is learning to negotiate the jail system. If you know someone who has been sent to a correctional centre you will no doubt have many questions about how that system works, how you can contact the person and what you can do to best support them through this time. You may also want to know how to go about visiting someone in jail.

Locating the prisoner

Unless you have had direct contact with the person since they have been in jail, you probably won’t know which correctional facility they are in. To find out which prison a person has been sent to, you need to know the person’s Master Index Number (MIN). If you don’t know their MIN you need their full name and date of birth.

To find out a prisoner’s location, contact Corrective Services New South Wales. 

Who can Visit?

Once you have located the person, you may want to book a visit with them. There are no restrictions on who can visit an inmate. Up to four adults can visit at one time. Some prisons require visitors to be on the prisoner’s visitors list before they can attend for a visit. Check with the prison you are planning to visit if this is the case.

How do I Arrange to visit someone in jail ?

Contact the jail to book a visit day and time. This can be done by letter or phone and will ensure that they will be ready and available when you visit. It is a good idea to call Sentence Administration before you leave. Inmates can be moved at very short notice, so it is a good idea to call and check that the inmate is still in the same correctional centre and that that centre is not in lockdown as soon as possible before you leave to avoid the disappointment of not being able to visit.

Arrive early. Correctional centres are often located in remote areas so factoring in travel time is important. You may be required to wait until the visit can be facilitated so leave yourself plenty of time.

On your first visit, you will be given your own Visitor Identification Number (VIN). This is the number that you will use on each visit to identify yourself.

What to Take When Visiting Someone In Jail

You can take the following items to a prison visit.

Identification

You will need to take some form of identification (eg: driver licence, passport) with you each time that you visit an inmate.

Each inmate has an account where they can keep up to $100 for the purchase of things like toiletries, additional food, clothing, personal items and telephone calls. Using your VIN you can deposit money into an inmate’s account. You can also post-money between visits using a money order from a post office.

Things to show

While visiting you are not allowed to give anything to an inmate, but you can take things like photographs and children’s artworks to show them while you are there.

Things to give

Some jails will allow you to leave items such as socks and underwear for an inmate when you visit. Usually, these are given to jail staff and handed on to the inmate later on. You will need to check if this is allowed by the individual centre  before bringing gifts.

What not to take when visiting someone in jail

You should avoid taking any of the following items to a prison visit.

Clothing with metal

On your way into the correctional centre you will be required to pass through a metal detector. It is worth thinking carefully about the clothes that you wear to the visit to ensure that you are not held up, or holding up others by triggering the metal detector.

If you have medication that you have to have on you at all times, then you can bring that with you into jail. However, it needs to be in its original packaging with your name on it and it is a good idea to bring your prescription along as well. Once in the jail you will need to give these things to staff to take care of while you visit.

You need to ensure that you have no illicit drugs on your person or in your car when you visit. Sniffer dogs are often used at correctional centres to ensure that drugs are not being conveyed to inmates by visitors. Being found with drugs on your person or in your car will result in very serious consequences, including criminal charges and bans from visiting an inmate.

The offence of bringing, or attempting to bring drugs into a correctional centre carries a maximum penalty of 2 years in prison and a $5,500 fine.

What Happens at A Visit?

When you are visiting someone in jail you will be required to prove your identity and pass through security. This process could involve sniffer dogs and a metal detector.

Contact visits

For contact visits, you will be led into a room where the visit will be conducted. At all times you are required to stay seated at a table. However, you are allowed to touch, hug and kiss the inmate.

If the correctional centre has a concern for the safety of you or the inmate, or if they believe it to be necessary for some other reason, you may be required to meet for a non-contact visit. This is a visit where you are separated from the inmate by glass, and no physical contact is allowed.

Rules when Visiting Someone in Jail

The rules when visiting someone in jail are as follows:

• No smoking;
• You will not be allowed in if you are under the influence of alcohol or other drugs;
• If you behave in a disruptive way you may be forced to leave and could be barred from returning;
• You must stay seated on chairs, you may not sit on laps or on tables;
• You can only make contact with the inmate that you are authorized to visit, and cannot join other visitors at other tables.

Can I Take Children to a Visit?

Children can visit inmates, but they must be accompanied by an adult. If you are bringing children with you when visiting someone in jail, remember that you need to bring identification for them as well as yourself (passport or birth certificate).

If you don’t think that your children will be able to behave themselves for the duration of a visit, or you do not want to take them with you there are childcare facilities called SHINE at several correctional centres where you can leave your children while you visit an inmate. For more information call 9714 3000 (Sydney); 4582 2141 (Windsor); 6332 5957 (Bathurst) or visit www.shineforkids.org.au.

If an inmate is in custody for offences involving child victims there are special requirements that must be met before children will be allowed to visit. Call the Child Protection and Coordination Support Unit on 8346 1333 for more information.

What Happens If I’m Barred from Visiting Someone in jail?

If you break any of the rules of the jail while visiting someone in jail you can be removed from the correctional centre and barred from returning. This bar can be imposed either by the particular correctional centre or by the Commissioner of Corrections.

If the bar is imposed by the particular centre that you have been visiting it only applies to that centre, so you are still able to visit other jails. The terms of the bar are at the discretion of the General Manager of the centre. They make a decision as to whether you are barred completely or just from particular types of visits; whether you can still visit some inmates while barred from visiting others and how long the bar is for. If you wish to appeal that decision you need to write to the General Manager, addressing the reasons for which you were barred. There is no formal process of review for such a decision.

If you have been barred by the Commissioner you will receive a formal letter outlining the terms of the Commissioner’s direction. This decision is made under the regulation 108 of the  Crimes (Administration of Sentences) Regulation  2014.

The Commissioner will consider one request to review a decision made under the Regulations. This request needs to be made in writing and should address the circumstances that caused you to be barred, whether you prejudice the good order and security of the correctional centre and whether on previous visits you have acted in a threatening, offensive, indecent, obscene, abusive or improper way. It should include your full name, date of birth, VIN and an address for the Commissioner to respond to.

The letter should be addressed:

To the Commissioner of Corrections

Visits Review Unit

Locked Mail Bag 3

Australia Post Business Centre

SILVERWATER NSW 1811

Even though the Commissioner has directed that you be prevented from visiting any correctional centre, it is within the Commissioner’s power to nonetheless permit you to continue to visit a particular inmate or a particular correctional centre subject to any condition that the commissioner considers to be appropriate. If you are only intending on visiting one inmate, it is recommended that you identify that inmate in your letter of appeal (by name and MIN) and indicate that if the Commissioner is unwilling to vary the ban they might consider allowing you limited visiting rights.

If, after reviewing your case, the Commissioner maintains your bar from jail visits there is little more that can be done to reverse the decision. In limited circumstances the matter may be reviewable by a court or by NCAT. If you are in this position the solicitors at Armstrong Legal are familiar with the principles and practices of judicial and administrative review and may be able to help you.

How Else Can I Make Contact?

You can also stay in contact with a person while they are in jail in the following ways.

Telephone Calls

Unfortunately, there is no way for you to place calls to an inmate. However, they can call you. Each inmate has a phone card with 6 numbers on it that they can call. Inmates can have this card programmed to include family, friends, their lawyer and other services as required.

When you receive a call from an inmate you will first be informed that you are receiving a call from a correctional centre. Once the inmate is on the line you will have up to 6 minutes to speak.

Please note that even when you make arrangements for an inmate to call you at a certain time or on a certain day, things outside of their control can get in the way of them being able to contact you. Often there are queues to use the phones, or there is an incident at the jail that causes the inmates to be locked down and so calls are not allowed.

Letters to inmates are encouraged. The MIN of an inmate should be clearly printed on main that you send. Also be aware that all letters are opened by prison staff and screened for illegal activity before they are passed on to inmates. Some correctional centres allow friends and family to send clothing, books and magazines to inmates, but you will need to enquire with the specific centre before sending anything more than letters.

Video Visits

If you live too far away from the correctional centre, or if you or other members of an inmate’s friends and family are hindered from visiting in person by disability or age, visits via video link can be arranged.

An inmate can apply for a video visit from inside the correctional centre and can nominate up to 4 adults and 4 children to participate in the visit. The application process takes around 2 weeks. If and when the application is approved you will get a call to coordinate the visit. You will be required to go to somewhere with the necessary technology for the visit.

Video visits can go for up to one hour, and you can bring whatever you like to show through the screen.

What can I do if I have a Problem with Jail Staff on a Visit?

You should first ask to speak with the most senior staff member on duty or wait and call the General Manager of the correctional centre on the next working day to make your complaint.

If you are dissatisfied with the outcome of your complaint at the correctional centre level you can write to the Commissioner of Corrections or in limited circumstances contact the NSW Ombudsman.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

All Australian jurisdictions have some form of mandatory sentencing. Mandatory sentencing exists where parliament has legislated for a particular offence…

When a court sentences an offender, it may do so with one or more sentencing purposes in mind. The purposes…

When a young person commits an offence in New South Wales, they are dealt with under the Youth Justice Act…

Sydney Office

Level 8 66 Goulburn Street Sydney NSW 2000

Melbourne Office

Level 13 575 Bourke Street Melbourne VIC 3000

Brisbane Office

Level 5 95 North Quay Brisbane QLD 4000

Canberra Office

Suite 2, Level 6 17-21 University Avenue Canberra ACT 2601

What to expect when a caseworker visits

Why a caseworker would visit.

Communities and Justice (DCJ) staff, who receive calls  reporting child abuse and neglect  on the Child Protection Helpline, are trained to assess what level of risk of significant harm a child or young person is facing.

It may be that the child and family need support services. Or it may be that the child is at risk of significant harm and a caseworker needs to visit the family.

Assessment and investigation

When DCJ receive information about a child or young person who may have been significantly harmed or injured, or is at risk of significant harm, we make decisions about how to assess or investigate the report.

Serious crime

Where a serious crime against a child or young person has been alleged, the  Joint Child Protection Response (JCPR) Program  investigates. JCPR is comprised of DCJ, NSW Police and NSW Health.

Official records

Where a child has been reported, it is against the law for DCJ to delete or destroy records. These records are kept in permanent storage. The law says DCJ must limit access to all personal records to authorised staff only.

If you have concerns about how DCJ have assessed or investigated a report you can request to speak to a manager at your local Community Services Centre or make a child protection-related complaint  — see  Client complaints .

How you should expect to be treated by DCJ caseworkers

Communities and Justice (DCJ) caseworkers have standards of behaviour and conduct. Here are the care and protection practice standards you should expect from DCJ caseworkers. See  Practice Framework Standards .

Aboriginal families can  request an Aboriginal caseworker  – this request is dependent on whether there is one available in the local area.

If English is your second language, you can ask your caseworker for a translator.

Practice leadership

• We will treat you and your family with respect.
• We will listen to your ideas and respond when you ask for help.
• When we get things wrong we will be honest with you about it.

Relationship-based practice

• You can rely on us to develop relationships with you, your children and your community.
• Being open and honest with you is important to us. We will be clear about why we are involved in your life and how we can help.
• We will be clear about what’s okay and what’s not okay when it comes to your child’s safety.
• We will try to come to see you often and listen to you.
• We will help to make sure children keep relationships with people who are important to them and help keep them safe.

Holistic assessment and family work

• We want to involve families, children and young people in planning about their lives. We will talk with them and the people who are important to them regularly.
• Plans will be reviewed regularly.
• We will arrange other people with specialist knowledge such as doctors or counsellors to help as well.

Collaboration

• Our role is to help make sure children and young people are safe. We believe the best way to do this is to work with you and the people in your life. This may include your family, people in your community and other workers.

Critical reflection

• We will think about what is best for the child or young person when we make decisions.
• We will listen when you tell us what your life is like.

Working with Aboriginal communities

• We will respect and value your culture and connection to your community.
• We will take the time to really understand the history of Aboriginal people and how this affects Aboriginal people today.
• We support self determination.

Culturally responsive practice with diverse communities

• We respect and value different cultures and the languages spoken by you and your family.
• You can expect us to listen to you and understand your migration or refugee experience.

Practice expertise

• We will use the knowledge from our training and continue to improve through ongoing learning.

Sharing risk

• We value the information you have about your life.
• You can expect us to talk to you and all the important people involved in your life to help make the right decisions. We know it’s important to recognise all the things you and your family do well and these will be recorded when decisions are being made.

Documentation in casework

• We will write with respect and honesty.
• We will write about what happens in children’s lives and what decisions are made and why. This is so that in the future children can see what information we have about them.
• But we will make sure that we don’t spend too much time in the office so that we have time to spend with you and your family.
• You can expect us to ask about your life and what is important to you, your family and how we can best support you.

Last updated:

28 May 2024

• Skip to content
• Skip to search
• Staff portal (Inside the department)
• Student portal
• Key links for students

Other users

• Forgot password

Notifications

{{item.title}}, my essentials, ask for help, contact edconnect, directory a to z, how to guides, regulation and compliance, compliance and monitoring.

As the state’s Regulatory Authority for children’s services in NSW, the Department of Education monitors services and providers’ compliance with legislation and approval conditions.

Our first priority is the safety, health and wellbeing of children attending early childhood education and care services across NSW. We aim to address non-compliance swiftly and ensure that appropriate remediation action is taken.

The majority of early childhood education and care services voluntarily operate in compliance with their regulatory requirements however for a small proportion who do not, the Regulatory Authority will intervene.

The Regulatory Authority employs authorised officers to undertake compliance and monitoring – their powers are established in the National Law .

For more information on compliance and monitoring, read the regulatory authority powers section of ACECQA’s Guide to the NQF.

Compliance is monitored through various means that may be proactive or reactive.

Proactive Compliance Monitoring

The Department of Education undertakes proactive compliance monitoring of services to assess whether these services are complying with the National Law. We aim to visit every service every year.

We also use data analysis to identify emerging issues and this informs our approach to proactive monitoring.

Complaints and notifications

The Department of Education receives notifications from service providers and complaints directly from the public. All complaints and notifications are reviewed and, where necessary, followed up with a visit or full investigation.

You can read more about complaints handling, as well as how to submit a complaint on our Feedback and Complaints page.

Monitoring compliance as part of quality ratings assessments

Assessments conducted for quality assessment and rating purposes are also used by authorised officers to identify areas of potential non-compliance.

Officers provide advice to service providers on matters that need to be addressed to ensure compliance with regulatory requirements. They will also issue compliance actions when needed. Officers will also work with service providers to examine opportunities for quality improvements at the service.

Investigations following identification of compliance matters

The Department’s authorised officers investigate reported or detected breaches of legislation to determine further compliance and enforcement action.

During an investigation, authorised officers gather evidence of the incident or alleged breach to establish whether an offence has occurred, the severity of the offence, and the identity of those who may be responsible.

Investigative powers are conducted in line with the Children (Education and Care Services) National Law (NSW) , Education and Care Services National Regulations and Regulatory Authority policies . For more information, go to Investigation process .

Addressing non-compliance

There is no ‘one-size-fits-all’ approach to non-compliance. When an instance of non-compliance is identified, it is evaluated to determine the most appropriate response. This involves assessing the level of risk to children as a result of the non-compliance as well as other factors such as the provider’s attitude to compliance, history of non-compliance, and whether the breach is intentional or not. If appropriate and where possible, on the spot guided compliance will be undertaken to support the service to rectify the matter immediately.

Taking into account these factors, and in keeping with our guiding principles , appropriate and proportionate compliance action may be taken.

These include but are not limited to:

• compliance directions
• compliance notices
• emergency action notices
• show cause notices to cancel a service or provider approval, for the most serious cases.

Any action taken by the Regulatory Authority will aim to ensure that, where possible, the non-compliance is rectified and any resulting impacts or risk to children are minimised. The sanction applied will reflect the seriousness of the incident and act as a deterrent to the service/provider involved, as well as more broadly to the sector.

• Early childhood education

Business Unit:

• Early Childhood Outcomes

Screening and checks

Finalising employment with nsw health.

Following the completion of the assessment process, the panel analyses all the information they've collected and identify the preferred applicant for the position. Any outstanding verification activities, including relevant employment screening checks will then be completed.

All jobs require preferred applicants to be checked against the NSW Health Service Check Register.

In addition, depending on the specific requirements of the job, some of the checks you may be subject to include:

A NSW Working with Children Check

A National Police Check

An Academic qualification check

A Professional membership or affiliation confirmation

A check on current registration and any conditions on this.

National Police Check

All applicants to NSW Health are required to undergo a National Police Check (NPC) for the safety, welfare and wellbeing of NSW Health clients and patients. The NPC is only undertaken once an applicant has been identified as a preferred applicant, which is usually after and separate to any interview process.  You will then be asked to complete NSW Health  Employment Related Checks .

What happens if you have criminal history?

Criminal history is not necessarily a barrier to working in NSW Health

You are not required to disclose criminal history at interview

Any criminal history information is managed confidentially and only by NSW Health delegated risk assessors who have experience in this area

The risk assessor identifies if the criminal history information is relevant to the position for which you have applied

If it is not relevant, the appointment will proceed

If it is relevant, a risk assessment will be undertaken and you will be contacted and may be asked to provide additional information to support your application

If you have criminal history, you are encouraged to have a look at NSW Health's Policy Directive,  Working with Children Checks and Other Police Checks  which provides detailed information on how NSW Health deals with criminal history information and the type of information that you may be asked to provide.

• If you have any questions about how your criminal history may affect your job application, you can contact NSW Health's Employment Screening and Review Unit on (02) 8848 5175 for a confidential discussion.

Working With Children Check

In addition to the NPC, people seeking to be employed or engaged in NSW Health in child related work are required to have a Working with Children Check (WWCC) clearance number from the Office of the Children's Guardian.

Individuals are responsible for obtaining and paying for their WWCC clearance number (currently $80) which is valid for five years and can be used for any child related work. If the position you are applying for is child-related you will be advised about how to obtain a WWCC.

When applying for the WWCC, you are encouraged to tick the box giving consent to the Children's Guardian to let NSW Health know if you have no criminal history. More information is available on the NSW Health  Employment Related Checks  website.

NSW Health Service Check Register

All preferred applicants to NSW Health are checked against NSW Health's internal Service Check Register (SCR) to determine any recent disciplinary history or workplace restrictions within NSW Health.

Individuals are required to be told if they are being placed on the SCR.

If you have a SCR record, you may be asked to provide additional documentation to support your job application. This will only occur if you are a preferred applicant for the position.

For more information, refer to the NSW Health  Service Check Register  Policy Directive.

The selection process

Finding a job.

(02) 7205 5934

• Find Court Date
• Book A Lawyer

Table of Contents

What is a supervised visit, who pays for supervised visitation, why do you need supervised visitation, are there supervised visits rules in australia, how do i get a supervised visit with my child, how do i find a supervised visitation centre, what is the role of a supervisor in supervised visitation.

Supervised visitation is a type of arrangement in Australia that allows a parent to have contact with their child in a controlled and supervised environment. This usually occurs when there are concerns about the safety or well-being of the child. This type of arrangement is typically ordered by a court or agreed upon by the parents as part of a parenting plan or court order.

The cost of supervised visitation can vary depending on the specific circumstances and arrangements made. In most cases, the cost may be borne by the parent who is requesting the supervised visitation. In other cases it may be shared between both parents or covered by government funding or other sources. It is important for parents to clarify and agree upon the financial arrangements for supervised visitation as part of their parenting plan or court order.

Going To Court?

Send an online enquiry.

Your Phone Number

Your Enquiry

If a custodial parent or the court has concerns about the safety and well-being of a child when they are with a parent, a judge may order a supervised contact visit. These concerns are typically based on past behaviour exhibited by that parent. Such concerns may arise due to various reasons including, but not limited to:

• History of drug and substance use and abuse by the parent.
• Risk of violence towards the child from the parent.
• History of neglect by the parent.
• Risk of sexual abuse of the child.
• Risk of child abduction.
• Concerns about the parenting skills of the parent.
• Mental illness of the parent that may put the child at risk of harm.
• History of abuse of one parent by the other parent.
• Extended absence of the parent from the child’s life.

While supervised contact is often decided upon to mitigate the risk of harm to the child, it can also serve as a way for a parent to gradually reintroduce themselves to their child. This is usually after a prolonged period of separation. There may be situations where a parent has had limited or no access to the child due to reasons such as work commitments or a contentious separation from the other custodial parent.

Supervised contact may be established through various means, including:

• Court order issued by a judge;
• Court order with consent of the parties; or
• Formal or informal agreement between the parties reached through family dispute resolution.

In any case, the purpose of supervised contact is to provide a structured and monitored environment that ensures the safety and well-being of the child while facilitating contact between the parent and the child.

It is overseen by a neutral third party, such as a supervisor approved by the court or agreed upon by the parties. The supervisor monitors the interaction and intervenes if necessary to ensure compliance with the court order or parenting plan. The ultimate goal is to prioritise the best interests of the child while addressing any concerns or risks that may exist in the parent-child relationship.

In Australia, there are rules and guidelines for supervised visits to ensure the safety and well-being of the child. These rules may vary depending on the state or territory, and they may be outlined in legislation or court orders. Some common rules for supervised visits in Australia include:

Supervised visits may take place in a designated location, such as a supervised visitation contact centre, or in another agreed-upon location. The duration of visits may be determined by the court or agreed upon by the parents.

The supervisor must be present at all times during the visit and actively monitor the interaction between the parent and the child. The supervisor may have the authority to intervene or terminate the visit if necessary to ensure the safety and well-being of the child.

The court or parenting plan may impose conditions on the visitation, such as prohibiting the parent from consuming alcohol or drugs during the visit, requiring the parent to undergo drug or alcohol testing, or prohibiting the parent from discussing certain topics with the child.

The supervisor may be required to provide reports or documentation to the court or relevant authorities regarding the progress of the supervised visits, any incidents or concerns that arise during the visits, and the well-being of the child.

The court or relevant authorities may periodically review and modify the supervised visitation arrangement. This is based on the progress of the visits, changes in circumstances, or the best interests of the child.

When a parent is unable or unwilling to meet face-to-face for child visitation, they can agree to have another family member or a children’s contact service worker supervise the changeover. The supervisor’s responsibility is to ensure that the child’s best interests are protected during the contact visitation with the parent or other person.

Supervised contact can be agreed upon informally between the parties, or it can be documented formally through consent orders or ordered by a court. However, the court cannot appoint someone as a supervisor if they do not want to do it. Prospective supervisors should be aware that they may be required to give evidence in court if any issues arise during the supervised contact.

If you have been ordered by the court to attend a children’s contact service, the service will do its best to help you comply with the order. However certain criteria’s must be met by you and the other parent, and the service must have the available facilities and resources to assist.

Children’s contact services may be required to provide reports on observations of the parents and child during changeovers or contact visits. Supervised contact orders are usually made for a set period of time with the goal of eventually no longer needing supervision.

If orders for supervised contact do not state an end time, the contact parent can apply to the court to have the orders changed. Changes to supervisors or contact days can also be applied for. Children’s contact services typically charge fees for changeovers and supervised visits, which are usually shared between the parties.

If you are experiencing financial difficulties, you can inform the service as arrangements may be in place to help you access the service. The Family Support Program, funded by the Australian Government, supports various community-based organisations in providing these services.

If you are looking to find a supervised visitation centre in Australia, there are several avenues you can explore. Here are some steps you can take:

Contact the Family Court or Federal Circuit Court: The Family Court or Federal Circuit Court in your local area can provide information and guidance on supervised visitation centres. You can visit their website or call their helpline to inquire about supervised visitation services available in your area.

Seek Legal Advice: If you have legal representation, your lawyer can provide you with information on supervised visitation centres in Australia. They can guide you on the process of finding a suitable centre and may have recommendations based on your specific circumstances.

Consult with Family Law Practitioners: Family law practitioners, including family lawyers, mediators, or counsellors, may have information on supervised visitation contact centres in Australia. They may be able to provide you with referrals or recommendations based on their knowledge and experience in the field.

Utilise Online Resources: There are various online resources available that provide information on supervised visitation centres in Australia. You can search online directories, websites of family law organizations, or government websites that offer information and resources related to family law matters.

Contact Family Support Organisations: Family support organisations, such as child welfare agencies or community-based organisations, may be able to provide information on supervised visitation centres in your local area. They may also offer support and guidance in finding a suitable centre for your needs.

Reach out to Local Community Services: Local community services, such as community health centres or family support centres, may have information on supervised visitation services in your area. They may also be able to provide you with referrals or recommendations based on your needs.

When searching for a supervised visitation centre in Australia, it’s important to consider factors such as location, cost, and the qualifications of the supervisors. In addition, you may wish to visit the centre and meet with the supervisors in person to assess the suitability of the facility for your specific situation. Consulting with  child custody lawyers in Sydney  can provide valuable guidance throughout the process of finding a supervised visitation centre in Australia.

The role of a supervisor in supervised visitation is crucial. The supervisor is responsible for ensuring the safety and well-being of the child during the visitation period. The supervisor may be a neutral third party, such as a social worker, psychologist, or another trained professional, or a trusted family member.

It could also be a friend who is approved by the court or agreed upon by the parents. The supervisor’s main role is to monitor the visit and intervene if necessary to ensure that the child is safe and that the visitation is proceeding according to the court order or parenting plan.

Supervisors are expected to remain neutral and not take sides in any disputes between the parents. They are responsible for facilitating a positive and safe interaction between the parent and the child, and for documenting any incidents or concerns that arise during the visitation. The supervisor may also provide feedback and recommendations to the court or relevant authorities regarding the progress of the supervised visits and the well-being of the child.

If you require advice regarding obtaining supervised visitation with your child, contact our team of  family lawyers in Parramatta . We can provide you with a free 15 minute phone consultation to understand your specific situation and provide you with family law advice.

Lyons Law Group is a boutique firm of expert criminal solicitors and barristers. Lyons Law Group is dedicated to strong advocacy when representing its clients with an approach that is tailored to every client’s specific needs.

Lyons Law Group

Useful links.

• Legal Aid NSW
• Traffic Law
• Criminal Law
• Your Rights
• Privacy Policy

Main Office: Level 3, 302/58 Kitchener Parade Bankstown NSW 2200

Sydney Office: Level 1, 60 Martin Place Sydney NSW 2000 (By Appointment Only)

Parramatta Office: Level 49, 8 Parramatta Square, Parramatta NSW 2150 (By Appointment Only)

• Mental Health Rights Manual Home
• search-1 Search
• font-size-up Increase
• font-size-down Decrease
• grayscale Greyscale
• images Remove Images

• Terminology and focus
• Help using this online resource
• Acknowledgements
• Publication information
• Copyright information
• Disclaimer and currency
• 1A: About this Manual: what the Manual seeks to do and what it is not
• 1B: How to use this Manual
• 1C: Policy, organisational frameworks and practice approaches in the mental health service system
• 2A: The Legal Framework
• 2B: NSW laws, standards and guidelines
• 2C: Australian National Laws and Standards
• 2D: International laws and guidelines
• 3A: Overview: everyone's health care rights
• 3B: Specific rights in relation to medical treatment
• 3C: Rights in public hospitals
• 3D: Rights in private hospitals
• 3E: Access to health care
• 3F: Standards of care
• 3G: Confidentiality and privacy
• 3H: Access to health records
• 3I: Fee charge arrangements in psychiatric hospitals
• 4A: Overview and objectives of the Mental Health Act 2007
• 4B: Initial detention and transport
• 4C: Admission to hospital
• 4D: Voluntary patients
• 4E: Legal proceedings
• 4F: Compulsory treatment in hospital
• 4G: The role and rights of the Designated Carer and Principal Care Provider
• 4H: Discharge and leave
• 4I: Compulsory treatment in the community
• 4J: Right of involuntary patients to maintain physical health
• 4K: Complaints and advocacy services for involuntary patients
• 5A: Substitute Decision Making
• 5B: Guardianship
• 5C: Financial Management and Power of Attorney
• 5D: The Guardianship Division of the NSW Civil and Administrative Tribunal
• 5E: Substitute consent to medical treatment
• 5F: Advance Care Directives
• 5G: Powers of a Guardian and voluntary patients
• 6A: Mental Illness and the Criminal Justice System
• 6B: Role and powers of the police
• 6D: Courts, crime and mental illness
• 6E : Mental Illness, prisons and forensic facilities
• 6F: Victims of Crime
• 7A: Rights in the Community
• 7B: The right to equality
• 7C: Employment and work
• 7D: Education and training
• 7E: Housing and accommodation
• 7F: Social security
• 7G: Family law and caring for your children
• 7H: Consumer Law
• 7I: Equal Access to Democracy for people living with mental health conditions and other disabilities
• 8A: Individual Consumers and their needs
• 8B: Aboriginal People in NSW living with mental health conditions
• 8C: Cultural and linguistic diversity and mental health conditions
• 8D: People with mental health conditions and child protection
• 8E: Children and young people with mental health conditions
• 8F: People with mental health conditions who have alcohol and other drug issues
• 8G: People with mental health conditions and other disabilities
• 8H: Ageing and mental health conditions
• 8I: LGBTIQ+ people and mental health conditions
• 9A: Carers of people with mental health conditions - Overview
• 9B: Supporting your family member or friend in the mental health system
• 9C : Trusts and special disability trusts
• 9D: Rights of carers to equality
• 9E: Getting carer support
• 10A: Complaints, legal and non-legal advocacy
• 10B: Making a complaint or taking legal action
• 10C: How to effectively make a formal complaint
• 10D: Complaints organisations
• 10E : Non-legal advocacy
• 10F: Finding legal help
• 10G: Alternative Dispute Resolution
• 11A: Support in the community for people living with mental health conditions
• 11B: Key Rights Organisations
• 12A: The National Disability Insurance Scheme (NDIS)
• 12B: The NDIS Legal Framework
• 12C: Accessing the NDIS
• 12D: Receiving an NDIS plan
• 12E: Services and Supports
• 12F: Decision-making and the NDIS
• Chapter 12 Section G: Receiving Quality Services, Complaints, Reviews and Appeals
• Chapter 12 Section H: NDIS Related Services and other Resources
• Common acronyms
• NSW Mental Health Review Tribunal: Information, Guidelines, Forms and Templates

Download your Mental Health Rights Manual poster here

print-text Print this section

Chapter 4 Section C: Admission to hospital under the Mental Health Act 2007 (NSW)

This section outlines the requirements for admission under the  Mental Health Act 2007  (NSW).

The following questions are answered:

• What is the legal definition of mental illness
• What is the legal definition of mental disorder?
• What is not regarded as mental illness or mental disorder?
• What are the steps to being assessed as mentally ill or mentally disordered?
• What happens after being detained as a mentally ill or mentally disordered person?

4C.1: What is the legal definition of mental illness?

The legal definition of mental illness under the Mental Health Act 2007 (NSW) is different from a medical diagnosis of mental illness such as schizophrenia or bipolar disorder, as described in the Diagnostic and Statistical Manual of Disorders (DSMV). A formal medical or clinical diagnosis is based on the symptoms of a particular mental illness.

The legal definition exists mainly for the purpose of deciding whether you have a mental illness or disorder that will require treatment under the Mental Health Act 2007 (NSW) without your consent Agreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More .

To be found mentally ill under the Mental Health Act 2007 (NSW), you have to:

• have a condition that seriously impairs, either temporarily or permanently, your mental function, which is shown by you exhibiting particular symptoms ;
• be at risk of harming yourself or other people ; or
• have a continuing condition .

You can have a clinical diagnosis and not be considered by the law to be a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More . You might, for example, be receiving treatment for schizophrenia and your symptoms may be resolved so that they no longer affect your mental functioning or behaviour. In this case, you have a mental illness but would not be considered a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More under the Mental Health Act 2007 (NSW).

However, if you have a continuing condition of schizophrenia and there is likelihood of deterioration in your mental state with harmful effects if not treated, you may be considered a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More under the Mental Health Act 2007 , even if your condition is presently stabilised.

4C.1.1: A condition that seriously impairs, either temporarily or permanently, your mental function

• For you to be considered mental ill under the Mental Health Act 2007 (NSW), you need to be showing one of the following symptoms: delusions (for example, false beliefs despite evidence to the contrary);
• hallucinations (for example, hearing voices, or seeing things that no one else can hear or see);
• serious disorder of thought (for example, your thoughts do not have a clear logic);
• severe disturbance of mood (for example, an ongoing, extreme change in mood that impacts your functioning); or
• sustained or repeated irrational behaviour, indicating the presence of delusions, hallucinations, serious disorder of thought or severe disturbance of mood (for example, you are behaving in a way that reasonably makes other people very concerned).

The definition in the Mental Health Act 2007 (NSW) is based on the symptoms you are experiencing rather than the diagnosis you have been given.

4C.1.2: Risk of harming yourself or someone else

The Mental Health Act 2007 (NSW) requires that any risk of harm to yourself or others that may be associated with your symptoms of mental illness must be ‘serious’ before you can be considered a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More . However, the concept of ‘serious harm’ is not defined in the Act.

A broad concept of ‘serious harm’ is applied by the Mental Health Review Tribunal .

The risk of ‘serious harm’ to yourself could include risk of:

• self-harm Self-harm refers to any behaviour which involves the deliberate causing of pain or injury to oneself. This behaviour is generally used by people as an extreme coping strategy to manage distressing or painful emotions and feelings. Whilst the behaviour may be deliberate, it can be driven by a strong impulse that is uncontrollable. More or suicide;
• harm to your reputation or relationships with people who are close to you, such as family;
• harm to your financial position, including vulnerability to financial exploitation; or
• the potential for misadventure (for example, not being able to care for yourself).

For example, a risk of serious harm to yourself may be found if you are experiencing a period of mania (a severe disturbance of mood) that is causing you to spend money excessively and/or inappropriately. A risk of serious harm to yourself may also include sexually disinhibited behaviour, that is out of character that puts your reputation at risk.

The risk of ‘serious harm’ to others might involve risk of:

• physical harm;
• emotional/psychological harm;
• violence and aggression, including sexual assault or abuse;
• stalking or predatory intent; or
• neglect (including of children).

For example, a risk of serious harm might be found if you are hearing voices that other people cannot hear (auditory hallucinations) and these voices are telling you to harm another person. It might also be found to exist if you are experiencing a severe disturbance of mood and are driving a car dangerously in traffic as a result.

4C.1.3: Concept of a ‘continuing condition’

The definition of mental illness in Mental Health Act 2007 (NSW) not only looks at your symptoms at the time of an examination, but also:

• your clinical history, including your ability to understand your mental health issues and ability or willingness to follow a voluntary treatment plan;
• the likely impact on your prospects for improvement or recovery Individual or personal recovery is defined as being able to create and live a meaningful and contributing life within a community of choice, with or without the presence of mental health difficulties. ‘Recovery’ can mean different things to different people; but in general, it means: gaining and retaining hope; understanding of one’s abilities and difficulties; engagement in an active life; personal autonomy; social identity; meaning and purpose in life, and a positive sense of self. More if you do not comply with a treatment plan; and
• the possible serious harm that may occur to yourself or others, if you are not able to be engaged in examination and treatment.

4C.2: What is the legal definition of mental disorder?

You would be considered to be a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More under the Mental Health Act 2007 (NSW) if you did not have a mental illness but behaved in such an irrational way that you were at risk of harming yourself or another person and this means your temporary care and treatment is necessary. For example, if a major crisis in your life has made you attempt suicide, then you may be considered a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More . In this situation, even if you don’t have a mental illness, you may considered to be mentally disordered. As a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More , you can only be kept in hospital for up to three (3) working days, and a doctor must reassess you every twenty four (24) hours. You cannot be admitted to hospital as a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More more than three (3) times each month.

4C.3: What is not regarded as a mental illness or mental disorder?

The definition of ‘mental illness’ and ‘mental disorder’ may be broad, but the Mental Health Act 2007 (NSW) also recognises many characteristics or actions of a person that do not automatically mean that that person has a mental illness or disorder. Having any of the following characteristics or engaging in the following behaviour does not mean you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More . They are not enough, on their own, to be the basis of you being admitted to hospital against your will:

• having strong political opinion or beliefs or engaging in a particular political activity;
• having particular religious opinions or beliefs or engaging in a particular religious activity;
• having a particular philosophy of life;
• having a particular sexual preference or orientation;
• engaging in a particular sexual activity or sexual promiscuity;
• engaging in immoral conduct;
• engaging in illegal conduct;
• having an intellectual disability Disability 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 or developmental disability Disability 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 ;
• consuming alcohol or any other drug/s;
• engaging in anti-social behaviour; or
• having a particular economic or social status or is a member of a particular cultural or racial group.

Note that the reference to taking alcohol or drugs does not prevent the consideration of the serious physiological, biochemical or psychological effects from the use of a substance or substances when considering the definition of a mentally disordered or mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More .

The list above, however, does not mean that persons who have those characteristics or engage in these behaviours cannot also be mentally ill or mentally disordered. They are simply not mentally ill or mentally disordered because of the characteristic or this conduct alone.

4C.4: What are the steps to being assessed as mentally ill or mentally disordered?

After you are taken to a public mental health facility, there are several examinations (assessments) that need to be completed before you can be made an involuntary patient on the basis that you are mentally ill or mentally disordered under the Mental Health Act 2007 (NSW). These examinations all involve the completion of a ‘Form 1’ document.

Throughout the process explained below, you can become a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More at any time if the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More has the view that you are likely to benefit from care or treatment as a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More .

4C.4.1: Step 1: First examination by an Authorised Medical Officer

You must be examined by a doctor who is an Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More as soon as practicable (it must be within twelve hours) after you arrive at the public mental health facility or after you are detained as a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More . If the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More forms the view that you are a mentally ill or mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More , then you will be detained for a second examination undertaken by another medical practitioner.

If the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More does not think that you are either mentally ill or mentally disordered, you must be allowed to leave the facility. In this situation, you could agree to stay in hospital as a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More if the hospital thinks this is appropriate.

If you are allowed to leave, there is no legal obligation for the police, ambulance or the hospital to take you home. However, the hospital does owe you are general duty of care not to put you in a situation of danger. For example, NSW Health has a policy not to discharge people from hospital into homelessness.

If you have been admitted on an order for examination by a Magistrate or Bail Officer, and are not assessed as mentally ill or mentally disordered, you are likely to be discharged back into police custody.

If it is not reasonably practicable for you to be examined in person, the examination can happen in one of the following ways:

• a medical practitioner person may examine or observe you through videoconferencing if they are sure they can still do this with sufficient care or skill to decide whether you are mentally ill or disordered; or
• you are examined in person by an accredited person authorised by the medical superintendent of the public mental health facility.

4C.4.2: Step 2: Second examination

As soon as practicable after you see the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More for the first examination and are found to be mentally ill or mentally disordered, you must have a second examination. One of the two examinations must be conducted by a psychiatrist. For example, if the first examination was conducted by a psychiatrist, the second examination may be conducted by a medical practitioner or accredited person. If the first examination was not conducted by a psychiatrist, the second examination must be conducted by a psychiatrist.

If either of the first two examinations find that you are mentally ill, this is enough to require you to stay in hospital on an involuntary basis as an ‘assessable person’ until a Mental Health Inquiry is held by the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. . However, the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More or delegate can decide to discharge you if you are no longer mentally ill, or if care of a less restrictive kind becomes available.

If both examiners agree that you are mentally disordered, you can be detained for up to three (3) days (not including weekends or public holidays).

If the second doctor does not find that you are mentally ill or mentally disordered, you are likely to be kept in hospital for a third examination.

4C.4.3 Step 3: Third examination

If a third examination is needed, the third doctor who does the examination must be a psychiatrist. If that third doctor does not think you are mentally ill or mentally disordered, then you must be allowed to leave.

If the third doctor forms the view that you are mentally ill or mentally disordered and therefore disagrees with the second doctor, then you may be required to remain in hospital on an involuntary basis as an assessable person An assessable person is a person detained on an involuntary basis under the Mental Health Act 2007 (NSW) in a public mental health facility who has not been reviewed by the Mental Health Review Tribunal (MHRT). The Authorised Mental Officer of a public mental health facility must present an assessable person to the MHRT for a Mental Health Inquiry as soon as practicable after the person’s detention in hospital. More until a Mental Health Inquiry is held by the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. . This situation does not happen very often.

While you are waiting for a third examination, the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More or delegate can decide to discharge you if you are no longer mentally ill, or if care of a less restrictive kind becomes available.

4C.4.4: Physical health conditions during examination

The Mental Health Act 2007 (NSW) permits the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to delay any of the steps above if you have another serious condition or illness, other than a mental illness or mental condition, that must be treated first. For example, if you have attempted suicide resulting in serious physical injury, the Act permits you to be admitted to a general hospital for treatment of these injuries prior a mental health examination.

Once you have recovered enough to communicated and to be assessed, you can be examined. This can also take place while you are in the general hospital.

4C.5: What happens after being detained as a mentally ill or mentally disordered person

4c.5.1: detention as a mentally disordered person.

If you are detained as a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More , you can be detained for up to three (3) days, not including weekends and public holidays. You can be given treatment without your consent Agreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More . If you are in this situation:

• you must be examined at least every twenty-four (24) hours by an Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More ;
• you must be released if an Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More decides you are no longer mentally disordered, or that care of a less restrictive kind of appropriate and reasonably available;
• you have the right to see an official visitor ; and
• you can request discharge at any time, and to appeal to the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. against any refusal to be discharged.

4C.5.2: Detention as a mentally ill person

If you are detained as a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More :

• you must be reviewed by the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. as soon as practicable;
• you can be administered medication against your wishes;
• you can ask to see an official visitor ;
• you can request discharge at any time and appeal to the Tribunal if this discharge is refused;
• you must be discharged if you are no longer considered to be mentally ill or if less restrictive care is available;
• your Designated Carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More and Principal Care Provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More should be notified no later than twenty-four (24) hours after detention; and
• you may be made a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More .

4C.5.3 The information you must be given on admission under the Mental Health Act 2007 (NSW)

As soon as possible after you have been detained in hospital under the Mental Health Act 2007 (NSW), you must be given an oral explanation and written Statement of your rights (found in Schedule 3 of the Act ). The statement of rights explains the procedures that must be followed after you are detained, and your rights throughout the process of involuntary detention.

You have a right to have the rights explained to you in a language that you can understand.

If the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More thinks that you cannot understand the explanation or Statement of Rights when it is given to you, they should provide this information again twenty-four (24) hours before a Mental Health Inquiry is held about you.

Please see below a copy of the Statement of rights for mentally ill and mentally disordered persons below

Your rights

You should read the questions and answers below to find out your rights and what may happen to you after you are brought to a mental health facility.

What happens after I arrive at a mental health facility? You must be seen by a facility doctor not later than 12 hours after you arrive at the mental health facility.

If you are a person who is already in a mental health facility as a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More , and you have been told you are now to be kept in the facility against your will, you must be seen by a facility doctor not later than 12 hours after it is decided to keep you in the facility.

When can I be kept in a mental health facility against my will? You can be kept in a mental health facility against your will if you are certified by the facility doctor as a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More . The doctor will decide whether or not you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More .

A mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More is someone who has a mental illness and who needs to be kept in a mental health facility for his or her own protection or to protect other people. A mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More is someone whose behaviour shows that he or she needs to be kept in a mental health facility for a short time for his or her own protection or to protect other people.

The facility cannot continue to keep you against your will unless at least one other doctor also finds that you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More . At least one of the doctors who sees you must be a psychiatrist.

How long can I be kept in a mental health facility against my will? If you are found to be a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More , you can only be kept in a mental health facility for up to 3 days (weekends and public holidays are not counted in this time). During this time you must be seen by a doctor at least once every 24 hours. You cannot be detained as a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More more than 3 times in any month.

If you are found to be a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More , you will be kept in the mental health facility until you see the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. who will hold a mental health inquiry to decide what will happen to you.

How can I get out of a mental health facility? You, or a friend or relative, may at any time ask the medical superintendent or another authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to let you out. You must be let out if you are not a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More or if the medical superintendent or another authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More thinks that there is other appropriate care reasonably available to you.

You or a person who asks for you to be let out may appeal to the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. against a refusal by the medical superintendent or another authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to let you out.

Can I be treated against my will? The facility staff may give you appropriate medical treatment, even if you do not want it, for your mental condition or in an emergency to save your life or prevent serious damage to your health. The facility staff must tell you what your medical treatment is if you ask. You must not be given excessive or inappropriate medication.

You may be operated on if a person who is your designated carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More and the Secretary of the Ministry of Health agree if you do not consent Agreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to the operation, but only if it is in your interests to have the operation.

Can I be given electro convulsive therapy (ECT) against my will? Yes, but only if the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. determines at a hearing that it is necessary or desirable for your safety or welfare. You have a right to attend that hearing.

More information

You should read the questions and answers below to find out about mental health inquiries and when you may be kept in a mental health facility against your will after an inquiry.

When is a mental health inquiry held? A mental health inquiry must be held as soon as practicable after it is decided to keep you in a mental health facility against your will because you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More .

What happens at a mental health inquiry? Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will decide whether or not you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More .

If Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. decides that you are not a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More , you must be let out of the mental health facility.

If Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. decides that you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More , Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will then decide what will happen to you. Consideration must be given to the least restrictive environment in which care and treatment can be effectively given. Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. may order that you be kept in a mental health facility as an Involuntary Patient for a set time (not more than 3 months) or Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. may order that you be let out of the mental health facility. If you are let out, Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. may make a community treatment order A Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More requiring you to have certain treatment after you are let out.

Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. may adjourn the inquiry for up to 14 days where it considers that it is in your best interests.

If Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. makes an order that you are to remain in a mental health facility as an involuntary patient, Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. must also consider whether you are capable of managing your financial affairs. If Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. is not satisfied that you are capable, an order must be made for the management of your affairs under the NSW Trustee and Guardian In 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.

What rights do I have at a mental health inquiry? You can tell Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. what you want or have your lawyer tell Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. what you want. You can wear street clothes, be helped by an interpreter and have a designated carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More or any other person who is your principal care provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More , relatives and friends told about the inquiry. You can apply to see your medical records.

What are my rights of appeal if I have been made an involuntary patient? You (or a carer or friend or relative) may at any time ask the medical superintendent or another authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to discharge you. If the medical superintendent or authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More refuses or does not respond to your request within 3 working days you (or a carer or friend or relative) may lodge an appeal with the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. .

You will be given a notice setting out your appeal rights.

What happens when the time set by an order making me an involuntary patient has nearly ended? The facility medical staff will review your condition before the end of the order and the mental health facility may either discharge you or apply to the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. for a further order.

The Tribunal must let you out of the mental health facility if it decides that you are not a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”.  Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or if it feels that other care is more appropriate and reasonably available.

Who can I ask for help? You may ask any facility staff member, social worker, doctor, official visitor An ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More , chaplain, your own lawyer or the Mental Health Advocacy Service for help. The Mental Health Advocacy Service telephone number is 9745 4277.

Can I see an official visitor An ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More ? You may ask any facility staff member if you can see an official visitor An ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More . Staff will arrange for a visit by an official visitor An ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More .

Can I ask a friend or relative to act for me? You may nominate up to 2 people to be your designated carers, including a person who is also your principal care provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More , while you are in a mental health facility. A designated carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More or any other person who is your principal care provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More may ask for information on your behalf and will be informed if you are kept in a mental health facility, subject to a mental health inquiry, transferred or discharged and of proposed special mental health treatments or surgical operations. You and a designated carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More or any other person who is your principal care provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More also have the right to be given information about follow-up care if you are discharged.

Updated March 13, 2020

navigation-left-2   Previous Page

Next Page   navigation-right-2

• Media Releases
• For Councils

• About Councils
• Dogs & Cats
• Council Complaint Statistics
• Find Your Local Council
• Local Government Directory
• Council Finances
• Infrastructure and Services
• Land Management
• Misconduct and Intervention
• Integrated Planning and Reporting
• Policy and Legislation
• Councillors
• Pet Ownership
• 02 4428 4100

What are Promoting Better Practice reviews?

Promoting Better Practice Reviews of individual councils aim to assist in strengthening the local government sector by assessing performance and promoting continuous improvement. The reviews are designed to act as a ‘health check’ which examines the extent to which there are appropriate strategies, policies, systems and procedures in place in the following areas:

The reviews are normally conducted by a team from the Office of Local Government, and the resulting report reflects the findings of the review at the time of the review: it is a ‘snapshot’ in time. A risk-based approach is taken, targeting resources to areas identified as core matters for examination, and those matters considered to be important having regard to the local circumstances of an individual council. In other words, a review does not examine every aspect of a council’s operations.

Reviews are also informed by the  Principles for Service Reviews  proposed by the Local Government Independent Review Panel.

Important Information

The Office of Local Government continuously improves the promoting better practice review process. The review process has been improved to assist councils to undertake a self-assessment in relation to key areas contributing to the council’s strategic capacity and sustainability. With this in mind, reviewers will be also be mindful of the Principles for Service Reviews proposed by the Local Government Review Panel in carrying out reviews:

• A council must achieve continuous improvement in the provision of services and seek to ensure that its services are equivalent to ‘best on offer’ in its region.
• All services provided by a council must meet defined performance outcomes and quality and cost standards developed by the council in consultation with local communities and key stakeholders.
• As part of service reviews, a council must explore the potential for partnerships with adjoining or nearby councils, as well as other public or private service providers.
• Service reviews must take into account the importance of maintaining and where possible increasing local employment opportunities.
• Each service provided by a council must be accessible to those members of the community for whom the service is intended.
• A council must report regularly to its community on its achievements to these principles.

Councils are also encouraged to consider these principles in their quest for continuous improvement.

To support a culture of self-assessment and continuous improvement, a range of tools and checklists is available to councils to support their self-assessment of their operations and performance. These tools complement Practice Notes, Guidelines and other resources available from the Office of Local Government and other organisations.

• Promoting better practice self-assessment checklist
• Key documents checklist
• Collaborative arrangements checklist
• Integrated Planning & Reporting checklist
• Annual Report checklist
• Councillor survey – used to get councillor feedback about council processes and performance

The Office of Local Government is committed to conducting a Promoting Better Practice review in all councils in NSW. Following each review, a report is prepared which provides a snapshot in time of the performance of that council in relation to key functions and responsibilities.

• Promoting Better Practice review reports

Modal Popup

Please complete the form below for more information.

Search our website

Please enter a search term below and we will do our best to help you find the information you are after.

© 2024 | All Rights Reserved | Office of Local Government

Common questions about an Internal Review

How we respond to requests and conduct Internal Reviews, and what to do if you are not satisfied with the outcome.  

How we will respond

After you have submitted a request for an Internal Review , we will contact you by phone to:

• confirm that we have received your request
• ask if you have further information or evidence to be considered.

Following this, we will commence an Internal Review. We will notify you of the outcome within 28 calendar days from the date we confirm receipt of your request for an Internal Review. If we need clarification or more information we will contact you within this period.

What an Internal Review means

An Internal Review is a review of a decision made on your application for a grant, rebate, or voucher, also known as an Administrative Decision. 

The Internal Review is a 'merit review' process. This means a review of the facts of your application by a team separate to the initial decision maker.

Internal Review process

When we receive an Internal Review request we will:

• review the information and evidence in your initial application 
• consider any new and additional information or evidence you provide to us.  

Who will conduct the Internal Review

Internal Reviews will be conducted by the Customer Payments Support Team – Internal Reviews.

This team is separate from the team that made the original decision on your application. 

Principles of Procedural Fairness

Service NSW is committed to ensuring our decisions are made in a fair and transparent manner on all applications.

We have Principles of Procedural Fairness that help us do this, these are:

• Customers are given the opportunity to respond to an administrative decision and request an internal review of that decision.
• Customers are given the opportunity to provide any further information or documents to be considered as part of the review of the administrative decision.
• The decision following the internal review is evidence-based and free of bias.
• The reasons for the decision – including the evidence on which the decision is based – are provided to the customer in simple and clear communication.
• Communication with customers is clear and in a form that the customer can best understand.

If you are not satisfied

The outcome of your dispute is final and there is no further avenue for review of the administrative decision by Service NSW.

If you are not satisfied with how your dispute was handled, you can make a complaint.

How to make a complaint

Service NSW is committed to providing excellent customer service and every attempt is made to deal with complaints relating to our service and/or products on the spot however, if you would like to submit a complaint about the way your dispute was handled, we would like to assure you that we will act in an open and honest manner, and within clear timeframes. 

You may submit a complaint about the way in which your dispute was handled, but the decision made following the Internal Review is final and no further avenue of review is available.  

Our priority is to respond to complaints within 20 business days unless it involves a complex matter or requires specialist investigation. In these instances, you will be kept updated on the progress of your complaint. We will endeavour to respond to queries at the point of escalation and preferably within 72 hours.

To ensure Service NSW handles complaints fairly, efficiently and effectively, we adhere to the  Service NSW Complaints Handling Policy . This policy applies to all Service NSW employees receiving or managing complaints from the public made to or about us, regarding our services, employees, and complaint handling.

To submit a complaint to Service NSW: 

• use our   online feedback form  
• call us on   13 77 88  
• visit a   Service NSW service centre 
• write to: Customer Resolution Coordinator, GPO Box 7057, Sydney NSW 2001.

You may also contact the NSW Ombudsman . The NSW Ombudsman generally expects complainants to try to resolve their concerns directly with the agency before they will consider becoming involved. To contact the NSW Ombudsman you can:

• visit in person at Level 24, 580 George Street Sydney NSW 2000
• call toll free  1800 451 524  (Australia wide) or  (02) 9286 1000
• submit a complaint online .

The way we collect, store, and use any of your personal information is regulated by law and detailed in our  Privacy statement . 

There are some key terms that relate to requesting an Internal Review of your application:

• Dispute: a dispute is your disagreement with the decision on an application.
• Administrative Decision: this is the actual decision made on your application that you are disputing.
• Appeal: this is the formal request for the review of the Administrative Decision on your application.
• Internal Review: this is the review conducted on your application upon receipt of your appeal. The review will be conducted by an assessor separate to the assessor who made the initial Administrative Decision on your application.

Related information

• Request an internal Review of a decision about a grant application