{"id":"nsw:sl-2021-0117","name":"Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021","slug":"mental-health-and-cognitive-impairment-forensic-provisions-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"117 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176248,"registerId":"nsw-nsw:sl-2021-0117-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021](/view/html/inforce/current/sl-2021-0117).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 27 March 2021 and is required to be published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> forensic community treatment order means a community treatment order made under section 99 of the Act.\n> \n> Justice Health and Forensic Mental Health Network means the statutory health corporation of that name constituted under the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> \n> the Act means the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012).\n> \n> Note.\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Proceedings","content":"# Part 2 Proceedings\n\nPart 2 Proceedings","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Court proceedings","content":"## Division 1 Court proceedings\n\nDivision 1 Court proceedings","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Matters to be considered by Court—reports","content":"#### 4 Matters to be considered by Court—reports\n\n4 Matters to be considered by Court—reports\n\n> A person is prescribed for the purposes of sections 33(2) and 66(1) of the Act, if the person—\n> \n> > (a) is a registered psychologist, and\n> \n> > (b) has, in the opinion of the Court, appropriate experience or training in forensic psychology or neuro-psychology.","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Tribunal proceedings","content":"## Division 2 Tribunal proceedings\n\nDivision 2 Tribunal proceedings","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Adjournments","content":"#### 5 Adjournments\n\n5 Adjournments\n\n> The Tribunal may be constituted by the President or a Deputy President for the purpose of adjourning a review under the Act.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Matters to be considered by Tribunal","content":"#### 6 Matters to be considered by Tribunal\n\n6 Matters to be considered by Tribunal\n\n> A person is prescribed for the purposes of section 84(1)(b) of the Act, if the person—\n> \n> > (a) is a registered psychologist, and\n> \n> > (b) has, in the opinion of the Tribunal, appropriate experience or training in forensic psychology or neuro-psychology.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Reviews by Tribunal of persons awaiting transfer to mental health facility","content":"#### 7 Reviews by Tribunal of persons awaiting transfer to mental health facility\n\n7 Reviews by Tribunal of persons awaiting transfer to mental health facility\n\n> > (1) For the purposes of section 89(1) of the Act, the prescribed period is 14 days after the making of the order.\n> \n> > (2) The Tribunal may be constituted by the President or a Deputy President for the purposes of conducting a review under section 89 of the Act.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Appeals against decisions of Secretary about leave of absence","content":"#### 8 Appeals against decisions of Secretary about leave of absence\n\n8 Appeals against decisions of Secretary about leave of absence\n\n> > (1) An appeal in writing under section 97 of the Act is to be made by giving a notice of appeal, in the form approved by the Secretary, to the medical superintendent of the mental health facility in which the forensic patient or correctional patient making the appeal is being detained.\n> \n> > (2) The medical superintendent must forward the notice of appeal to the Tribunal within 2 business days after receiving it and must notify the Secretary of the appeal within that period.\n> \n> > (3) An oral appeal under section 97 of the Act is to be made by telling the medical superintendent of the wish to make an appeal.\n> \n> > (4) The medical superintendent must provide written notice of an oral appeal to the Tribunal within 2 business days after the appeal is made and must notify the Secretary of the appeal within that period.\n> \n> > (5) A copy of the written notice is to be given to the forensic patient or correctional patient making the appeal and a copy is to be kept by the medical superintendent as a record of the appeal.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Reviews of persons in custody who are subject to forensic community treatment orders","content":"#### 9 Reviews of persons in custody who are subject to forensic community treatment orders\n\n9 Reviews of persons in custody who are subject to forensic community treatment orders\n\n> The Tribunal may be constituted by the President or a Deputy President for the purposes of conducting a review under section 100 of the Act.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Tribunal to disclose the whole or part of a submission","content":"#### 10 Tribunal to disclose the whole or part of a submission\n\n10 Tribunal to disclose the whole or part of a submission\n\n> A request made by the victim not to disclose the whole or part of a submission under section 145 of the Act may be determined by the President or Deputy President of the Tribunal sitting alone.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Submissions to Tribunal by victims","content":"#### 11 Submissions to Tribunal by victims\n\n11 Submissions to Tribunal by victims\n\n> > (1) For the purposes of section 145(6)(a) of the Act, a victim may make a submission about the following—\n> > \n> > > (a) the forensic patient’s behaviour and the impact of the behaviour on the victim or the victim’s family,\n> > \n> > > (b) the risk posed by the forensic patient to the victim, the victim’s family or any other person,\n> > \n> > > (c) the impact on the victim and the victim’s family if the forensic patient is released or granted a leave of absence, whether unconditionally or subject to proposed conditions,\n> > \n> > > (d) the conditions that should be imposed on the release of or grant of leave of absence to forensic patients, including non-association conditions and place restriction conditions under section 146 of the Act.\n> \n> > (2) A submission may be made in writing or orally.\n> \n> > (3) The Tribunal must acknowledge the receipt of a submission.\n> \n> > (4) A victim who makes a submission to the Tribunal may, with the leave of the Tribunal, raise questions that the Tribunal considers to be appropriate for discussion during the proceedings.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Disclosure of victims’ submissions by Tribunal","content":"#### 12 Disclosure of victims’ submissions by Tribunal\n\n12 Disclosure of victims’ submissions by Tribunal\n\n> > (1) The Tribunal may disclose an edited version of a submission by a victim to the legal representative of a forensic patient if—\n> > \n> > > (a) the Tribunal determines under section 145 of the Act that a submission is not to be disclosed to a forensic patient, and\n> > \n> > > (b) the Tribunal is of the opinion that information contained in the submission should be provided to the legal representative of the patient for reasons of procedural fairness, and\n> > \n> > > (c) the legal representative has agreed to the non-disclosure conditions in subclause (2).\n> \n> > (2) The non-disclosure conditions are as follows—\n> > \n> > > (a) the edited submission must not be disclosed to the forensic patient without the consent of the Tribunal,\n> > \n> > > (b) the following information may be disclosed, but not information identifying the location of the residence or place of work of the victim or the victim’s family or friends or of other places frequented by the victim—\n> > > \n> > > > (i) information about proposed place restrictions,\n> > > \n> > > > (ii) general information about the areas the proposed restrictions apply,\n> > > \n> > > > (iii) the reasons for the victim’s proposal,\n> > \n> > > (c) the legal representative must only disclose to the forensic patient general information about the submission of a kind specified by the Tribunal.\n> \n> > (3) The edited version of the submission may be created by the victim or the Tribunal.\n> \n> > (4) Before disclosing an edited version of a submission, the Tribunal must—\n> > \n> > > (a) inform the victim of the proposed disclosure, and\n> > \n> > > (b) give the victim an opportunity to withdraw or amend the submission, and\n> > \n> > > (c) if the edited version is created by the Tribunal—provide the victim with a copy of the edited version and give the victim an opportunity to request amendments to the edited version, and\n> > \n> > > (d) if the edited version is created by the victim—give the victim an opportunity to amend the edited version.\n> \n> > (5) If the forensic patient is not represented by a legal representative, the Tribunal may appoint an Australian legal practitioner to act on behalf of the forensic patient for the purposes of this clause.\n> \n> > (6) In this clause—\n> > \n> > the Tribunal includes the President or Deputy President of the Tribunal sitting alone.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Representation of victims","content":"#### 13 Representation of victims\n\n13 Representation of victims\n\n> > (1) A representative may be nominated by a victim to represent the victim at a hearing of the Tribunal at which the victim is entitled to make a submission.\n> \n> > (2) The representative is not eligible to represent a victim at a hearing unless—\n> > \n> > > (a) the representative has completed and lodged with the Tribunal a statutory declaration, in the form approved by the Secretary, as to confidentiality, and\n> > \n> > > (b) the representative has the victim’s written authority to attend the hearing and represent the victim, and\n> > \n> > > (c) if the representative is the legal representative of the victim—leave is granted by the Tribunal or President or Deputy President sitting alone.\n> \n> > (3) The representative may do anything at the hearing that the victim may do.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Disclosure by Tribunal to treatment team","content":"#### 14 Disclosure by Tribunal to treatment team\n\n14 Disclosure by Tribunal to treatment team\n\n> > (1) The Tribunal may disclose all or part of, or a summary of, a submission received from a victim of a forensic patient to a person who is treating the forensic patient or a delegate of the person.\n> \n> > (2) The submission must be disclosed on the condition that the person to whom the information is disclosed does not disclose the information to the forensic patient.\n> \n> > (3) In this clause—\n> > \n> > the Tribunal includes the President or Deputy President of the Tribunal sitting alone.","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Forensic community treatment orders","content":"# Part 3 Forensic community treatment orders\n\nPart 3 Forensic community treatment orders","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Modification of provisions of Mental Health Act 2007","content":"#### 15 Modification of provisions of Mental Health Act 2007\n\n15 Modification of provisions of [Mental Health Act 2007](/view/html/inforce/current/act-2007-008)\n\n> For the purposes of section 99(2) of the Act, Chapter 3, Part 3 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) is modified as set out in this Part for the purposes of the making of a forensic community treatment order.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Applications for forensic community treatment orders","content":"#### 16 Applications for forensic community treatment orders\n\n16 Applications for forensic community treatment orders\n\n> > (1) An application under section 51 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) for a forensic community treatment order may also be made by a medical officer authorised by the Chief Executive of Justice Health and Forensic Mental Health Network.\n> \n> > (2) Sections 52(3) and 53(3)(c) of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) do not apply to an application for a forensic community treatment order.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Treatment plans","content":"#### 17 Treatment plans\n\n17 Treatment plans\n\n> A reference in section 53 or 56 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) to a declared mental health facility is taken to also include a reference to Justice Health and Forensic Mental Health Network if the reference relates to a community treatment order.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Implementation of forensic community treatment orders","content":"#### 18 Implementation of forensic community treatment orders\n\n18 Implementation of forensic community treatment orders\n\n> > (1) A medical officer authorised by Justice Health and Forensic Mental Health Network may exercise functions under section 57(2) and (4) of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) in relation to a forensic community treatment order in the same way as the director of community treatment of a declared mental health facility.\n> \n> > (2) Section 57(5) of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) does not apply to a forensic community treatment order.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Breaches of forensic community treatment orders","content":"#### 19 Breaches of forensic community treatment orders\n\n19 Breaches of forensic community treatment orders\n\n> > (1) This clause applies to the following persons who are subject to forensic community treatment orders (an affected person)—\n> > \n> > > (a) a forensic patient, correctional patient or other person who is detained in a correctional centre,\n> > \n> > > (b) a person who is subject to an order for transfer from a correctional centre but who has not been transferred.\n> \n> > (2) Sections 58–64 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) do not apply to an affected person and are replaced by subclauses (3)–(5).\n> \n> > (3) A medical officer authorised by Justice Health and Forensic Mental Health Network must take the steps set out in subclauses (4) and (5) if an affected person refuses or fails to comply with the forensic community treatment order and the officer is of the opinion that—\n> > \n> > > (a) Justice Health and Forensic Mental Health Network has taken all reasonable steps to implement the order, and\n> > \n> > > (b) there is a significant risk of deterioration in the mental or physical condition of the affected person.\n> \n> > (4) The officer must cause the affected person to be informed that further refusal or failure to comply with the order may result in the person being given treatment in accordance with the forensic community treatment order.\n> \n> > (5) If there is a further refusal or failure to comply with the order—\n> > \n> > > (a) the officer must cause the affected person to be assessed for the purpose of issuing certificates for the purpose of a transfer of the person under section 86 of the Act to a mental health facility, and\n> > \n> > > (b) the officer may cause the affected person to be given treatment in accordance with the forensic community treatment order, if the officer thinks it appropriate for clinical reasons to do so, and must notify the Tribunal within 2 business days after the treatment is given.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Variation or revocation of forensic community treatment orders","content":"#### 20 Variation or revocation of forensic community treatment orders\n\n20 Variation or revocation of forensic community treatment orders\n\n> > (1) A person authorised by Justice Health and Forensic Mental Health Network may also apply to vary or revoke a forensic community treatment order under section 65(2) of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008).\n> \n> > (2) An application to vary or revoke a forensic community treatment order may also be made under section 65(3) of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) on the grounds the person subject to the order is released, or proposed to be released, from a correctional centre.\n> \n> > (3) A medical officer authorised by Justice Health and Forensic Mental Health Network may also revoke an order under section 66 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008).\n> \n> > (4) A person who revokes a forensic community treatment order under this clause or section 66 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), must notify the Tribunal in writing of the revocation within 7 days after the revocation.","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"Victims Register","content":"# Part 4 Victims Register\n\nPart 4 Victims Register","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Definition","content":"#### 21 Definition\n\n21 Definition\n\n> In this Part—\n> \n> registered victim means a victim whose name is included in the Victims Register.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Information to be in Victims Register","content":"#### 22 Information to be in Victims Register\n\n22 Information to be in Victims Register\n\n> For the purposes of section 156(2)(b) of the Act, the following matters are to be included in the Victims Register in relation to each registered victim of a forensic patient—\n> \n> > (a) particulars of the information used to verify the identity of the victim,\n> \n> > (b) the name of the forensic patient,\n> \n> > (c) whether the victim has obtained, or is the subject of, or is seeking to obtain, a non-association condition or place restriction condition under section 146 of the Act,\n> \n> > (d) whether or not the victim made a victim impact statement to a court in proceedings against the forensic patient,\n> \n> > (e) dates relating to the events the subject of court proceedings against the forensic patient or a victim of the forensic patient that may cause distress to a victim if Tribunal hearings were held on those dates,\n> \n> > (f) the name and contact details of an emergency contact for the victim if the victim is unavailable when notice is given under clause 25(1)(d) or (2).","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Verification of identity and status before registration","content":"#### 23 Verification of identity and status before registration\n\n23 Verification of identity and status before registration\n\n> > (1) A person must not be registered on the Victims Register unless the Commissioner of Victims Rights is satisfied as to the person’s identity and that the person is a primary victim or a family victim of an act of violence committed by a forensic patient.\n> \n> > (2) A person requesting registration on the Victims Register as a victim of a forensic patient must provide the following to the Commissioner—\n> > \n> > > (a) at least 1 of the person’s current Australian driver licence, current passport or birth certificate,\n> > \n> > > (b) the name of the forensic patient,\n> > \n> > > (c) if available, at least 1 of the following documents, to enable verification that the person is a victim—\n> > > \n> > > > (i) the case number of the Director of Public Prosecutions for each offence committed by the forensic patient that is relevant to the victim,\n> > > \n> > > > (ii) the hearing number for the Tribunal,\n> > > \n> > > > (iii) the police event number for each offence committed by the forensic patient that is relevant to the victim,\n> > > \n> > > > (iv) the claim number for assistance claimed by the person under the [Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037).\n> \n> > (3) The Commissioner may require a person who applies to be registered on the Victims Register, or any other person, to execute undertakings or other documents relating to disclosure or publication of information contained in the Register.\n> \n> > (4) The Commissioner may request a victim to provide further information for the purposes of the Victims Register.\n> \n> > (5) A failure by the victim to provide information under subclause (2) or further information under subclause (4) does not prevent the registration of the victim on the Victims Register.\n> \n> > (6) The Commissioner must notify a registered victim in writing when the victim is registered on the Victims Register.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Administration of Victims Register","content":"#### 24 Administration of Victims Register\n\n24 Administration of Victims Register\n\n> > (1) The Commissioner of Victims Rights may remove the name of a victim from the Victims Register if—\n> > \n> > > (a) the forensic patient ceases to be a forensic patient or is no longer a forensic patient for reasons related to acts committed by the forensic patient that are relevant to the victim, or\n> > \n> > > (b) all limiting terms imposed on the forensic patient for acts committed by the forensic patient that are relevant to the victim have expired, or\n> > \n> > > (c) an extension order or interim extension order is in force in respect of the forensic patient.\n> \n> > (2) The Commissioner of Victims Rights must give written notice to a person whose name is removed from the Victims Register about the removal.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Notifications by Commissioner of Victims Rights","content":"#### 25 Notifications by Commissioner of Victims Rights\n\n25 Notifications by Commissioner of Victims Rights\n\n> > (1) The Commissioner of Victims Rights must give notice in writing of the following to a registered victim of a forensic patient—\n> > \n> > > (a) particulars of proposed orders to be sought in relation to the forensic patient at a hearing of the Tribunal and the location of that hearing,\n> > \n> > > (b) particulars of the reasons for a decision by the Tribunal about an application for a grant of leave to, or the release of, the forensic patient,\n> > \n> > > (c) if there is an application for an extension order or interim extension order or an extension order or interim extension order is made in relation to the forensic patient,\n> > \n> > > (d) safety concerns relating to the victim known to the Commissioner in relation to a hearing before the Tribunal or arising out of a breach of an order relating to the forensic patient,\n> > \n> > > (e) if the forensic patient is reclassified as an involuntary patient.\n> \n> > (2) Despite subclause (1), notice may be given by telephone if the Commissioner is of the opinion that there is a risk of immediate harm to the victim or another person.\n> \n> > (3) The Commissioner must give notice in writing to the victim of a matter within 1 business day after notice is given of the matter to the victim by telephone.\n> \n> > (4) Notice under this clause must be given in a timely manner.\n> > \n> > Note.\n> > \n> > Section 6A of the [Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037) applies the Charter of rights of victims of crime to victims of forensic patients making submissions to the Tribunal. In particular, that section requires victims to be notified in a timely way of the release of or granting of leave to a forensic patient.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Disclosure of information to Tribunal","content":"#### 26 Disclosure of information to Tribunal\n\n26 Disclosure of information to Tribunal\n\n> The Commissioner of Victims Rights may, with the consent of the victim, disclose to the Tribunal information contained in the Victims Register and other information relating to the victim.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Publication of information in Victims Register","content":"#### 27 Publication of information in Victims Register\n\n27 Publication of information in Victims Register\n\n> > (1) A registered victim or any other person must not publish information contained in the Victims Register.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) This clause does not apply if the Tribunal or a court consents to or orders the publication or the information is publicly available.\n> \n> > (3) In this clause, publish means disseminate or provide access to 1 or more persons by means of the internet, radio, television or other media.","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Giving notice","content":"#### 28 Giving notice\n\n28 Giving notice\n\n> A notice in writing under this Part may be given to a victim by any of the following methods—\n> \n> > (a) by personal delivery to the victim,\n> \n> > (b) by post to the address specified by the victim for the service of documents of that kind,\n> \n> > (c) in the case of a victim who has not specified an address for service—by post to the residential or business address of the person last known to the person serving the document,\n> \n> > (d) by email to an email address specified by the victim for the service of documents of that kind.","sortOrder":33},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Transport of defendants in Local Court proceedings","content":"#### 29 Transport of defendants in Local Court proceedings\n\n29 Transport of defendants in Local Court proceedings\n\n> For the purposes of section 22(1)(b) of the Act, the following persons are prescribed as persons who may take a defendant to or from a place—\n> \n> > (a) if the defendant is on remand or serving a sentence of imprisonment, other than a defendant detained in a detention centre—a correctional officer or a police officer,\n> \n> > (b) otherwise—a member of the NSW Health Service, a police officer, a correctional officer, a juvenile justice officer or a person who provides a transport service approved for that purpose by the Secretary.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Forensic patients","content":"#### 30 Forensic patients\n\n30 Forensic patients\n\n> For the purposes of section 72(1)(d) of the Act, a person is prescribed if the person, whether before or after the commencement of this clause—\n> \n> > (a) is found not guilty of an offence under the law of Norfolk Island by reason of mental illness or mental impairment, and\n> \n> > (b) is transferred to and being held in the custody of this State—\n> > \n> > > (i) under a law of this State that provides for the person to be held in custody, and\n> > \n> > > (ii) under an order made or warrant issued following the finding.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Exchange of information","content":"#### 31 Exchange of information\n\n31 Exchange of information\n\n> For the purposes of section 161(2)(b) of the Act, the following information is prescribed as information to which an information sharing protocol may relate—\n> \n> > (a) information concerning former forensic patients or correctional patients transferred, or proposed to be transferred, to correctional centres,\n> \n> > (b) information concerning persons, other than forensic patients or correctional patients, who are, or may be, subject to forensic community treatment orders,\n> \n> > (c) information concerning persons, other than forensic patients or correctional patients, who were formerly subject to forensic community treatment orders and who have been released from a correctional centre and are subject to community treatment orders,\n> \n> > (d) information concerning visitors to forensic patients or correctional patients who are reasonably believed to pose a security risk to the good management and order of a correctional centre or mental health facility.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Savings","content":"#### 32 Savings\n\n32 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the [Mental Health (Forensic Provisions) Regulation 2017](/view/html/repealed/current/sl-2017-0480), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":38}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose as subsidiary legislation supporting the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. It operationalises the Act without significant expansion beyond the established framework of forensic mental health procedures, victim participation, and community treatment orders."},"complexity_factors":["Moderate cross-referencing to the Mental Health Act 2007 (modifying 8+ sections of that Act in Part 3)","Nested conditional logic in victim disclosure provisions (clause 12 has multiple sub-conditions for edited submissions)","32 clauses across 5 Parts but many are procedural and straightforward","Only 4 defined terms in the interpretation section (section 3), though 'the Act' and 'the Tribunal' expand definitions contextually throughout","Multiple procedural pathways for appeals (written vs oral in section 8) and victim notifications (written vs telephone in section 25)","Specific document requirements for victim registration (section 23) with alternative verification pathways"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the detailed rules for how the *Mental Health and Cognitive Impairment Forensic Provisions Act 2020* (NSW) actually works in practice. It covers how courts and the Mental Health Review Tribunal handle people with mental illness or cognitive impairment who have been involved in serious crimes.\n\n**Who it affects:**\n\n- **Forensic patients** — people found not guilty of crimes due to mental illness or cognitive impairment\n- **Correctional patients** — prisoners who need transfer to mental health facilities\n- **Victims of crime** — giving them rights to be informed and make submissions about the patient's status\n- **Health professionals** — particularly those working for Justice Health and Forensic Mental Health Network\n- **The Mental Health Review Tribunal** — which decides on treatment, leave, and release\n\n**Key things it covers:**\n\n- **Who can write reports for courts** — registered psychologists with forensic or neuro-psychology experience (sections 4, 6)\n- **How victims can participate** — they can make submissions about safety risks and conditions for release, and can have representatives (sections 11-14)\n- **Victims Register** — a confidential database keeping victims informed about hearings, release dates, and safety concerns (Part 4)\n- **Community treatment orders** — special rules for patients receiving treatment while in custody or after release (Part 3)\n- **Appeals and reviews** — procedures for patients to challenge decisions about leave and treatment (sections 5, 7-10)\n\n**Why it matters:**\n\nThis Regulation balances community safety with treatment rights. It ensures victims aren't left in the dark about people who harmed them, while creating clear pathways for patients to receive mental health care rather than just punishment. The detailed rules about information sharing protect victim privacy while ensuring procedural fairness for patients."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This regulation implements the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and does not extend beyond the scope authorized by that Act. It prescribes procedural and administrative details consistent with the Act's provisions."},"complexity_factors":["Cross-references to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and the Mental Health Act 2007","Defined terms in clause 3 and within parts (e.g., 'forensic community treatment order', 'registered victim')","Multiple parts with subdivisions (e.g., Part 2 has Divisions 1 and 2)","Conditional provisions with multiple subclauses (e.g., clause 12 on disclosure of victim submissions has 6 subclauses)","Modifications to another Act (Part 3 modifies provisions of the Mental Health Act 2007)","Specific procedural requirements for appeals, notices, and breaches"],"plain_english_summary":"This regulation sets out detailed procedures for the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 in New South Wales. It covers how courts and the Mental Health Review Tribunal handle cases involving people with mental health conditions or cognitive impairments who have been charged with or found not guilty of crimes. Key parts include: who can provide reports to the court (registered psychologists with forensic experience); how the Tribunal reviews cases; rules for victim submissions and disclosure; how forensic community treatment orders (court-ordered treatment in the community) are made, implemented, and enforced for people in custody; and the Victims Register, which records information about victims of forensic patients and allows them to receive notifications and make submissions. The regulation also prescribes who can transport defendants and exchange information between agencies. Overall, it provides the operational details to make the main Act work in practice."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulation appears to remain within its original intended scope as a procedural and administrative instrument supporting the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. No amendments have commenced since it was made on 19 March 2021, and it has remained in its original form. The pending Victims Rights amendment has not yet commenced and therefore has not altered scope."},"complexity_factors":["Operates as subordinate legislation under a parent Act, requiring understanding of both instruments together","Subject matter sits at the intersection of mental health law, disability law, and criminal law — three complex fields","Applies to specialist bodies (Mental Health Review Tribunal) with their own procedural rules","Pending amendment by the Victims Rights and Victims of Crime Commissioner Act 2025 (not yet commenced) creates uncertainty about current scope","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer","Limited legislative text is available in this extract, making full assessment of technical provisions difficult","Affects vulnerable people in high-stakes legal proceedings where procedural errors can have serious consequences"],"plain_english_summary":"## Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021 (NSW)\n\n### What is this?\nThis is a **NSW regulation** (a set of detailed rules made under a parent Act) that supports the *Mental Health and Cognitive Impairment Forensic Provisions Act 2020*. That Act governs what happens when people who have a **mental health condition or cognitive impairment** (such as an intellectual disability or acquired brain injury) come into contact with the criminal justice system — for example, when someone cannot be held fully criminally responsible for their actions because of their mental state.\n\n### Who does this affect?\n- People with mental illness or cognitive impairment who are charged with or accused of criminal offences in NSW\n- Their families and carers\n- Mental health professionals, forensic psychiatrists and psychologists\n- NSW courts (especially the Local Court and District Court)\n- The Mental Health Review Tribunal (a specialist body that reviews the care and detention of people with mental illness)\n- NSW Police and correctional staff\n\n### What does it do?\nThis regulation fills in the practical, operational details that the parent Act left to be specified separately — things like:\n- **Forms and procedures** courts and tribunals must follow\n- **Timeframes** for reviews, reports, and hearings\n- **Administrative requirements** for health authorities and government agencies\n\n### Why does it matter?\nIf you or someone you know is caught up in the criminal justice system due to a mental health condition or cognitive impairment, this regulation determines *how* the system processes that situation — how quickly reviews happen, what paperwork is required, and what procedural rights apply.\n\n### Important note\nThis regulation is **due to be automatically repealed (cancelled) on 1 September 2026** under NSW's standard process of reviewing regulations every five years. It will need to be remade or replaced before then if the rules are to continue."}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-and-cognitive-impairment-forensic-provisions-regulation-2021","history":"/api/acts/mental-health-and-cognitive-impairment-forensic-provisions-regulation-2021/history","analysis":"/api/acts/mental-health-and-cognitive-impairment-forensic-provisions-regulation-2021/analysis","conflicts":"/api/acts/mental-health-and-cognitive-impairment-forensic-provisions-regulation-2021/conflicts","importantCases":"/api/acts/mental-health-and-cognitive-impairment-forensic-provisions-regulation-2021/important-cases","documents":"/api/acts/mental-health-and-cognitive-impairment-forensic-provisions-regulation-2021/documents"}}