{"id":"nsw:act-2012-013","name":"Mental Health Commission Act 2012","slug":"mental-health-commission-act-2012","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"13 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30812,"registerId":"nsw-act-2012-013-current","compilationNumber":null,"startDate":"2026-04-01","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 Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Mental Health Commission Act 2012](/view/html/inforce/current/act-2012-013).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are—\n> \n> > (a) to establish the Mental Health Commission of New South Wales for the purpose of monitoring, reviewing and improving the mental health and well-being of the people of New South Wales, and\n> \n> > (b) to promote the governing principles, and\n> \n> > (c) to require the Commission and public sector agencies that provide mental health services or are involved in supporting people who have a mental illness to work co-operatively in the exercise of their respective functions.\n> \n> **s 3:** Subst 2018 No 73, Sch 5 \\[1\\].","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Governing principles","content":"#### 3A Governing principles\n\n3A Governing principles\n\n> > (1) The following are the governing principles for the purposes of this Act—\n> > \n> > > (a) people who have a mental illness, wherever they live, should have access to the best possible mental health care and support,\n> > \n> > > (b) people who have a mental illness and their families and carers should be treated with respect and dignity,\n> > \n> > > (c) the primary objective of the mental health system should be to support people who have a mental illness to participate fully in community life and lead meaningful lives,\n> > \n> > > (d) the promotion of good mental health and the effective provision of mental health services are the shared responsibility of the government and non-government sectors,\n> > \n> > > (e) an effective mental health system requires—\n> > > \n> > > > (i) a co-ordinated and integrated approach across all levels of government and the non-government sector, including in the areas of health, housing, employment, education and justice, and\n> > > \n> > > > (ii) communication and collaboration between people who have a mental illness and their families and carers, providers of mental health services and the whole community.\n> \n> > (2) A public sector agency should have regard to the governing principles in exercising its functions.\n> \n> **s 3A:** Ins 2018 No 73, Sch 5 \\[2\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > Commission means the Mental Health Commission of New South Wales constituted by this Act.\n> > \n> > Commissioner means the Mental Health Commissioner appointed by the Governor under section 6.\n> > \n> > Deputy Commissioner means a Deputy Mental Health Commissioner appointed by the Governor under section 7.\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > governing principles—see section 3A.\n> > \n> > non-government sector includes the private sector.\n> > \n> > public sector agency means any of the following—\n> > \n> > > (a) a Public Service agency,\n> > \n> > > (b) a NSW Government agency,\n> > \n> > > (c) the NSW Police Force,\n> > \n> > > (d) the Teaching Service,\n> > \n> > > (e) a local health district or statutory health corporation (within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)),\n> > \n> > > (f) a local council or other local authority,\n> > \n> > > (g) any other person or body prescribed by the regulations.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) A reference in this Act to a public sector agency includes a reference to the person who is the chief executive officer (however described) of the agency.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 2015 No 15, Sch 3.42 \\[1\\]; 2018 No 73, Sch 5 \\[3\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Mental Health Commission","content":"# Part 2 Mental Health Commission\n\nPart 2 Mental Health Commission","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Mental Health Commission","content":"#### 5 Constitution of Mental Health Commission\n\n5 Constitution of Mental Health Commission\n\n> > (1) There is constituted by this Act a corporation with the corporate name of the Mental Health Commission of New South Wales.\n> \n> > (2) The Commission is not and does not represent the Crown.\n> \n> > (3) The Commission has the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (4) The functions of the Commission are exerciseable by the Commissioner, and any act, matter or thing done in the name of, or on behalf of, the Commission by the Commissioner, or with the authority of the Commissioner, is taken to have been done by the Commission.\n> \n> > (5) (Repealed)\n> \n> **s 5:** Am 2015 No 15, Sch 3.42 \\[2\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Mental Health Commissioner","content":"#### 6 Mental Health Commissioner\n\n6 Mental Health Commissioner\n\n> > (1) The Governor may appoint a Mental Health Commissioner.\n> \n> > (2) The Commissioner holds office for the period (not exceeding 5 years) specified in the instrument of appointment and may not be appointed for more than 2 successive terms of office.\n> \n> Note.\n> \n> Schedule 1 contains ancillary provisions relating to the Commissioner.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Deputy Mental Health Commissioners","content":"#### 7 Deputy Mental Health Commissioners\n\n7 Deputy Mental Health Commissioners\n\n> > (1) The Governor may appoint one or more Deputy Mental Health Commissioners.\n> \n> > (2) A Deputy Commissioner holds office for the period (not exceeding 3 years) specified in the instrument of appointment and may be re-appointed provided he or she does not hold office for more than 6 years in total.\n> \n> Note.\n> \n> Schedule 1 contains ancillary provisions relating to Deputy Commissioners.\n> \n> **s 7:** Am 2016 No 55, Sch 1.16.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Commissioner or Deputy Commissioner to have personal experience of mental illness","content":"#### 8 Commissioner or Deputy Commissioner to have personal experience of mental illness\n\n8 Commissioner or Deputy Commissioner to have personal experience of mental illness\n\n> The Commissioner or at least one Deputy Commissioner must be a person who has or has had a mental illness.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Ministerial control","content":"#### 9 Ministerial control\n\n9 Ministerial control\n\n> > (1) The Commission is subject to the direction and control of the Minister, except in relation to the preparation and contents of any plan or report prepared by the Commission.\n> \n> > (2) To avoid doubt, subsection (1) applies to the Commission in exercising functions under the [Suicide Prevention Act 2025](/view/html/inforce/current/act-2025-055).\n> \n> **s 9:** Am 2018 No 73, Sch 5 \\[4\\]; 2025 No 55, Sch 2\\[1\\].","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Mental Health Community Advisory Council","content":"#### 10 Mental Health Community Advisory Council\n\n10 Mental Health Community Advisory Council\n\n> > (1) There is to be a Mental Health Community Advisory Council.\n> \n> > (2) The function of the Council is to advise the Commission on any mental health issue it considers appropriate or that is referred to it by the Commission.\n> \n> > (3) The Council is to consist of the Commissioner and such persons as are appointed by the Minister (the appointed members). The Minister is to consider any recommendations made by the Commission in relation to the appointment of persons to the Council.\n> \n> > (4) The Minister must ensure that the composition of the Council reflects the diversity of the community and includes representatives of the following groups—\n> > \n> > > (a) people who have a mental illness and their families and carers,\n> > \n> > > (b) mental health service providers,\n> > \n> > > (c) people living in regional and remote New South Wales,\n> > \n> > > (d) culturally and linguistically diverse communities,\n> > \n> > > (e) Aboriginal persons.\n> \n> > (5) An appointed member is to be appointed to the Council for a period of 3 years or less.\n> \n> > (6) One of the appointed members of the Council is, by the member’s instrument of appointment or a further instrument signed by the Minister, to be appointed as the chairperson of the Council.\n> \n> > (7) The procedure for the calling of meetings of the Council and for the conduct of those meetings is to be determined by the Commissioner.\n> \n> > (8) An appointed member of the Council is entitled to be paid such fees and allowances (if any) as the Minister may from time to time determine for the member.\n> \n> > (9) The Minister may remove an appointed member from the Council at any time.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Commission","content":"# Part 3 Functions of Commission\n\nPart 3 Functions of Commission","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Commission’s work to be governed by the governing principles","content":"#### 11 Commission’s work to be governed by the governing principles\n\n11 Commission’s work to be governed by the governing principles\n\n> The governing principles are to govern the work of the Commission.\n> \n> **s 11:** Subst 2018 No 73, Sch 5 \\[5\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Functions of Commission","content":"#### 12 Functions of Commission\n\n12 Functions of Commission\n\n> > (1) The Commission has the following functions—\n> > \n> > > (a) to prepare strategic plans relating to mental health when directed to do so by the Minister,\n> > \n> > > (b) to monitor and report on the implementation of strategic plans prepared by the Commission and approved by the Minister,\n> > \n> > > (c) to review and evaluate, and report and advise on, the mental health and well-being of the people of New South Wales including conducting systemic reviews of services and programs provided to people who have a mental illness and other issues affecting people who have a mental illness,\n> > \n> > > (d) to promote and facilitate the sharing of knowledge and ideas about mental health issues,\n> > \n> > > (e) to undertake and commission research and innovation in relation to mental health issues,\n> > \n> > > (f) to advocate for and promote the general health and well-being of people who have a mental illness and their families and carers,\n> > \n> > > (g) to educate the community about mental health issues, including for the purpose of reducing the stigma associated with mental illness and discrimination against people who have a mental illness,\n> > \n> > > (h) to advocate for and promote the prevention of mental illness and early intervention strategies for mental health,\n> > \n> > > (h1) other functions given to the Commission by this Act or another Act,\n> > \n> > > (i) such other functions relating to mental health as may be prescribed by the regulations.\n> \n> > (2) In exercising its functions under this Act, the Commission is—\n> > \n> > > (a) to focus on systemic mental health issues, and\n> > \n> > > (b) to take into account co-morbid issues associated with mental illness, such as drug and alcohol use and disability, and\n> > \n> > > (c) to take into account issues related to the interaction between people who have a mental illness and the criminal justice system, and\n> > \n> > > (d) to engage and consult with and to take into account the particular views of—\n> > > \n> > > > (i) people who have a mental illness and their families and carers, and\n> > > \n> > > > (ii) the government and non-government sectors, and\n> > > \n> > > > (iii) the whole community, and\n> > \n> > > (e) to take into account the particular views and needs of different sections of the community, including Aboriginal communities, culturally and linguistically diverse communities, gay, lesbian, bisexual, transgender and intersex communities, young people and regional and remote communities.\n> \n> **s 12:** Am 2018 No 73, Sch 5 \\[6\\]–\\[10\\]; 2025 No 55, Sch 2\\[2\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Special reports","content":"#### 13 Special reports\n\n13 Special reports\n\n> > (1) The Minister may direct the Commission to prepare a special report on any significant systemic issue affecting people who have a mental illness (not being an issue that relates only to a particular specialist mental health service).\n> \n> > (2) The Commission may include in a special report a recommendation that the report be made public.\n> \n> > (3) The Minister may cause a copy of a special report to be provided to the Presiding Officer of each House of Parliament.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Other reports","content":"#### 14 Other reports\n\n14 Other reports\n\n> > (1) The Commission may, at any time, prepare a report on any of the following—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) the implementation of any strategic plan prepared by the Commission and approved by the Minister,\n> > \n> > > (c) a systemic issue relating to the mental health system or affecting people who have a mental illness,\n> > \n> > > (d) the funding of mental health services in New South Wales.\n> \n> > (2) The Commission is to notify the Minister before preparing a report on a systemic issue referred to in subsection (1) (c).\n> \n> > (3) In the course of preparing a report on a systemic issue referred to in subsection (1) (c), the Commission is to consult with any public sector agencies and non-government agencies that the Commission considers are significantly affected by the issues contained in the report, including by providing a draft report to, and considering submissions by, the agency.\n> \n> > (4) The Commission must provide the Minister with a copy of any report prepared under this section and the Minister must cause a copy of the report to be provided to the Presiding Officer of each House of Parliament as soon as practicable after receiving the report from the Commission.\n> \n> > (5) The Commission may, after a report has been prepared and provided to the Minister under this section, give a copy of the report to the head of a public sector agency and request the head, in writing, to consider either or both of the following—\n> > \n> > > (a) the report or any specified matter in the report,\n> > \n> > > (b) the steps (if any) that the agency has taken, or plans to take, in relation to a particular recommendation in the report.\n> \n> > (6) The head of a public sector agency to whom a report is given must provide a written response to the Minister within a reasonable time and no later than 6 months after the report is given.\n> \n> > (7) The response is to address any matters that the head has been requested to consider by the Commission.\n> \n> > (8) The head of a public sector agency must also provide a copy of the response to the Commission.\n> \n> > (9) The Commission is to include the response or a summary of the response in its annual report.\n> \n> **s 14:** Am 2018 No 73, Sch 5 \\[11\\]–\\[13\\].","sortOrder":17},{"sectionNumber":"14A","sectionType":"section","heading":"Staff","content":"#### 14A Staff\n\n14A Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Commission to exercise its functions under this Act or another Act.\n> \n> Note.\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Commission makes use of) may be referred to as officers or employees, or members of staff, of the Commission. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Commission from employing staff.\n> \n> **s 14A:** Ins 2015 No 15, Sch 3.42 \\[3\\]. Am 2025 No 55, Sch 2\\[3\\].","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Delegation of Commission’s functions","content":"#### 15 Delegation of Commission’s functions\n\n15 Delegation of Commission’s functions\n\n> The Commission may delegate any of its functions under this Act or another Act, other than this power of delegation, to a Deputy Commissioner or a member of staff of the Commission.\n> \n> Note.\n> \n> Section 5 (4) provides that the Commissioner acts for the Commission.\n> \n> **s 15:** Am 2025 No 55, Sch 2\\[4\\]","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Co-operation between Commission and public sector agencies","content":"#### 16 Co-operation between Commission and public sector agencies\n\n16 Co-operation between Commission and public sector agencies\n\n> > (1) It is the duty of the Commission and public sector agencies that provide mental health services or are involved in dealing with people who have a mental illness to work co-operatively in the exercise of their respective functions.\n> \n> > (2) (Repealed)\n> \n> > (3) The Commission may enter into arrangements with any public sector agency in relation to the provision by the agency of information that is required by the Commission for the exercise of its functions.\n> \n> > (4) The Commission may request a public sector agency to provide the Commission with any information held by the agency that is reasonably required by the Commission for the exercise of its functions and the agency must comply with such a request if it is reasonable to do so.\n> \n> > (5) Any dispute arising between the Commission and a public sector agency about a request for information under subsection (4) is to be resolved between the Minister administering this Act and the Minister responsible for the public sector agency.\n> \n> > (6) Information provided to the Commission under this section is not to include personal information within the meaning of the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071).\n> \n> **s 16:** Am 2018 No 73, Sch 5 \\[14\\].","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Provisions relating to reports","content":"#### 17 Provisions relating to reports\n\n17 Provisions relating to reports\n\n> > (1) A copy of a report provided to the Presiding Officer of a House of Parliament under this Act must be laid before that House within 15 sitting days of that House after it is received by the Presiding Officer.\n> \n> > (2) If a report includes a recommendation by the Commission that the report be made public immediately, the Presiding Officer of a House of Parliament may make it public whether or not that House is in session and whether or not the report has been laid before that House.\n> \n> > (3) A report that is made public by the Presiding Officer of a House of Parliament before it is laid before that House attracts the same privileges and immunities as it would if it had been laid before that House.\n> \n> > (4) A Presiding Officer need not inquire whether all or any conditions precedent have been satisfied in relation to a report purporting to have been provided to the Presiding Officer in accordance with this Act.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Personal liability","content":"#### 18 Personal liability\n\n18 Personal liability\n\n> A matter or thing done or omitted to be done by the Commission, the Commissioner, a Deputy Commissioner, a member of the Mental Health Community Advisory Council or a person acting under the direction of the Commission or a Council member does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Commissioner, the Deputy Commissioner, the member or the person so acting personally to any action, liability, claim or demand.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n19 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Review of Commission and Act","content":"#### 20 Review of Commission and Act\n\n20 Review of Commission and Act\n\n> > (1) As soon as possible after the period of 5 years from the commencement of this Act, the Minister is to undertake the following reviews—\n> > \n> > > (a) a review of the work of the Commission taking into account the functions of the Commission and the principles governing the work of the Commission,\n> > \n> > > (b) a review of this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The Minister is to undertake a further review of the work of the Commission at least once every 5 years after the first review.\n> \n> > (3) A report on the outcome of a review under this section is to be tabled in each House of Parliament within 12 months after the end of the relevant 5-year period.","sortOrder":25},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to Commissioner and Deputy Commissioners","content":"# Schedule 1 Provisions relating to Commissioner and Deputy Commissioners\n\nSchedule 1 Provisions relating to Commissioner and Deputy Commissioners\n\n**sch 1:** Am 2015 No 15, Sch 3.42 \\[4\\].","sortOrder":26},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n**sch 2:** Am 2018 No 73, Sch 5 \\[15\\].","sortOrder":33},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":36}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The text as supplied includes post-enactment amendments that expanded and specified the Commission’s governing principles and functions and added cross‑references to later legislation. Notable changes in the supplied text include insertion of explicit governing principles (s 3A) and related requirements that public sector agencies have regard to those principles (s 3A(2)), amendments to the Commission’s functions to emphasise systemic issues and particular engagement groups (s 12, amends noted), and extension of the Ministerial control provision to apply to the Commission’s functions under the Suicide Prevention Act 2025 (s 9(2)). These inserted provisions broaden the Act’s stated scope beyond the original enacting text by adding detailed guiding principles and additional legislative interactions (see ss 3A, 12, 9(2) and amendment notes)."},"complexity_factors":["Multiple decision-makers and appointing authorities (Governor appoints Commissioner/Deputies: ss 6–7; Minister appoints Council members and directs Commission: ss 9, 10).","Division of responsibilities between Ministerial control and Commission report/content independence (s 9).","Information‑sharing mechanism with a 'reasonable' compliance test and ministerial dispute resolution rather than an independent enforcement route (s 16(3)–(5)).","Interplay with other statutes limiting access to personal health information (s 16(6)) and employment/remuneration statutes for staff and offices (s 14A; Sch 1(2); Government Sector Employment Act and Statutory and Other Offices Remuneration Act references).","Procedural reporting obligations and timelines (report provision to Presiding Officers, laying requirements, publication powers—ss 13–14, 17).","Specification of eligibility and term limits for offices, and special requirement for lived experience (s 8; ss 6–7; Sch 1)."],"plain_english_summary":"### What this law does (mechanics)\n\n- Creates the Mental Health Commission of New South Wales as a statutory corporation (s 5). The Commission is not the Crown (s 5(2)).\n- Establishes a Mental Health Commissioner appointed by the Governor (terms up to 5 years, limit 2 successive terms) and one or more Deputy Commissioners (terms up to 3 years, reappointment capped at 6 years total) (ss 6–7; Sch 1). At least one of those officers must have personal experience of mental illness (s 8).\n- Sets up a Mental Health Community Advisory Council to advise the Commission; the Minister appoints members and must ensure the Council reflects community diversity (people with lived experience and carers, providers, regional and remote, culturally and linguistically diverse communities, Aboriginal people) (s 10).\n- Gives the Commission a set of functions: preparing strategic mental health plans when directed by the Minister, monitoring implementation of those plans, reviewing and reporting on systemic mental health issues, commissioning research, promoting and educating about mental health, advocating prevention and early intervention, and related regulatory functions (s 12).\n- Requires the Commission’s work to be governed by specified governing principles (access to best care; respect and dignity; enabling participation in community life; shared government/non-government responsibility; coordinated cross-sector approach and collaboration) and requires public sector agencies to have regard to those principles (ss 3, 3A, 11).\n- Puts the Commission under the Minister’s direction and control in most respects, except the Minister does not control the preparation and content of any plan or report prepared by the Commission (s 9).\n- Gives the Minister power to direct the Commission to prepare special reports and to cause such reports to be provided to Parliament; the Commission may recommend that reports be published (s 13). The Commission may also prepare other reports and must notify the Minister before preparing systemic-issue reports; heads of public sector agencies receiving reports must respond in writing to the Minister within 6 months (s 14).\n- Allows the Commission to enter arrangements with public sector agencies for information, and to request any information reasonably required from those agencies; agencies must comply if the request is reasonable. Disputes about such requests are resolved between the responsible Ministers. Personal health information as defined in the Health Records and Information Privacy Act 2002 must not be provided under these requests (s 16).\n- Allows the Commission to employ Public Service staff under the Government Sector Employment Act 2013 to help carry out its functions (s 14A), delegates most functions to Deputy Commissioners or staff (but not the delegation power itself) (s 15), and provides immunity from personal liability for people acting in good faith under the Act (s 18).\n- Provides for regulations, periodic statutory review of the Commission and the Act (first review as soon as possible after 5 years, then at least every 5 years), and parliamentary handling of reports (ss 19–20; s 17).\n\n### Who it affects and who decides\n\n- Who decides: the Governor appoints the Commissioner and Deputy Commissioners (ss 6–7); the Minister controls the Commission’s overall direction (s 9), appoints Council members and sets their fees and allowances (s 10(3), (8)), and can direct the Commission to prepare strategic plans and to order special reports (s 12(1)(a), s 13(1)). Heads of public sector agencies must respond to Commission reports to the Minister (s 14(6)). Disputes between agencies and the Commission about information requests are resolved between Ministers (s 16(5)).\n\n- Who pays: remuneration for the Commissioner and full-time Deputy Commissioners is under the Statutory and Other Offices Remuneration Act 1975 or as the Minister determines for part-time Deputy Commissioners (Sch 1(2)). The Commission may employ Public Service staff to support its functions (s 14A), implying public funding for staff and operations.\n\n- Whose behaviour changes: public sector agencies that provide or interact with mental health services must work cooperatively with the Commission (s 16(1)), have regard to the governing principles (s 3A(2)), and comply with reasonable information requests (s 16(4)). Heads of agencies must prepare written responses to reports when requested (s 14(5)–(8)). The Commission must consider the governing principles in its work (s 11) and focus on systemic issues (s 12(2)(a)).\n\n### Why it matters (claimed purpose and practical implications)\n\n- Claimed purpose: the Act establishes the Commission to monitor, review and improve mental health and well-being in NSW, to promote the governing principles, and to require cooperation between the Commission and public sector agencies that deliver or support mental health services (s 3). The Act aims to place a statutory body with planning, monitoring, review and reporting functions at the centre of system oversight (s 12).\n\n- Practical implications and trade-offs (source-based):\n  - Information and administrative burden: public sector agencies must respond to information requests and to report-driven requests for actions and to provide written responses to the Minister within 6 months (ss 16(4), 14(5)–(8)). That is an identifiable compliance cost for affected agencies and their executives.\n  - Ministerial control and Commission independence: the Minister directs the Commission generally (s 9) and appoints Council members (s 10), and may require the Commission to prepare strategic plans (s 12(1)(a)). The only explicit limitation on ministerial control is that the Minister cannot direct the preparation or content of any plan or report produced by the Commission (s 9(1)). This confers administrative discretion to the Minister over many aspects of the Commission’s work while preserving the Commission’s control over what appears in its reports and plans.\n  - Resource allocation and opportunity cost: the Commission’s operations (staff under s 14A, remuneration under Sch 1(2)) require public funding; those resources are therefore not available for other public services. The Act requires periodic reviews of the Commission and the Act itself (s 20), which creates recurring administrative cost and oversight activity.\n  - Limits on data scope: requests for information must not include personal health information as defined by the Health Records and Information Privacy Act 2002 (s 16(6)). That limits the Commission’s direct access to identifiable health records, requiring reliance on de‑identified or aggregate data where privacy law applies.\n  - Interaction with non-government sector: the governing principles explicitly include the non-government and private sectors as part of shared responsibility (s 3A(d) and definition of non‑government sector in s 4). The Commission’s functions include promoting sharing of knowledge and commissioning research (s 12(1)(d)–(e)), which permits engagement with private providers, but the Act does not itself impose regulatory controls on private businesses’ ownership or contracts.\n  - Accountability and transparency path: the Commission prepares reports and can be required to supply or publish them; Parliament receives reports via Presiding Officers and has an express laying requirement (s 17). The Commission can recommend publication of special reports (s 13(2)). That creates a formal channel for public scrutiny.\n  - Implementation and dispute risk: information-request disputes between agencies and the Commission are escalated to Ministers (s 16(5)), which introduces a political or inter‑ministerial resolution step rather than a neutral statutory mechanism (e.g., an independent assessor). That could affect timeliness and resolution outcomes.\n  - Legal risk allocation: people acting in good faith under the Act have personal immunity from civil action for acts or omissions in executing the Act (s 18). That reduces personal liability risk for decision-makers carrying out Commission work.\n\n### Immediate operational expectations from the Act\n\n- The Commission is to prepare or be directed to prepare strategic plans and monitor their implementation (s 12(1)(a)–(b)).\n- Public sector agencies should plan to respond to reasonable requests for information from the Commission and to provide written responses to report requests within 6 months (ss 16(4)–(5); 14(5)–(8)).\n- The Minister controls appointments, directions, and can initiate reviews; the Commission retains control over the content of its plans and reports (ss 6–7, 9, 12, 13, 20)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2012 Act focused on establishing the Commission and its core monitoring/review functions. However, amendments in 2018 (Sch 5) significantly expanded the scope by: (1) inserting entirely new 'governing principles' (s 3A) that now bind all public sector agencies, not just the Commission; (2) broadening the Commission's functions to explicitly include suicide prevention advocacy and expanding the groups it must consult (adding LGBTI communities); and (3) the 2025 amendments (No 55) further extended the Commission's remit by explicitly linking it to the Suicide Prevention Act 2025. The legislation has evolved from a body that monitored mental health services to one that actively shapes systemic policy across multiple government sectors with enforceable cooperation obligations."},"complexity_factors":["Straightforward structure with only 4 main Parts plus 3 Schedules","Minimal defined terms (only 7 explicit definitions in section 4, plus incorporated definitions from Interpretation Act 1987)","Simple conditional logic — mostly 'must' and 'may' obligations without nested exceptions","Some cross-referencing to other Acts (Government Sector Employment Act 2013, Health Services Act 1997, Suicide Prevention Act 2025, etc.) but these are standard administrative references rather than complex interdependencies","Clear delineation of functions in lists (sections 3A, 12) making obligations easy to trace","Amendment history visible in section notes shows evolutionary changes but doesn't complicate the operative text","No significant delegation chains or sub-delegation puzzles beyond the single delegation power in section 15"],"plain_english_summary":"This law creates the **Mental Health Commission of New South Wales** — an independent body that watches over, reviews, and tries to improve mental health services and outcomes for people across the state.\n\n**What it does:**\n- **Establishes the Commission** as a standalone corporation (not part of the government, but answerable to a Minister) with a Commissioner and Deputy Commissioners at its head.\n- **Sets guiding principles** that put people with mental illness at the centre — emphasising dignity, community participation, shared responsibility between government and non-government sectors, and coordination across health, housing, employment, education and justice.\n- **Gives the Commission specific jobs**: preparing strategic plans when asked, monitoring how those plans are implemented, reviewing mental health services, promoting research, reducing stigma, advocating for people with mental illness and their carers, and educating the community.\n- **Requires lived experience**: Unusually, the law insists that either the Commissioner or at least one Deputy Commissioner must be someone who has or has had a mental illness.\n- **Creates an advisory council** with diverse community representation — including people with mental illness, carers, Aboriginal people, culturally diverse communities, regional/remote residents, and service providers.\n- **Makes agencies cooperate**: Public sector agencies (hospitals, police, councils, etc.) must work with the Commission and share information reasonably requested, though personal health details are protected.\n- **Powers of reporting**: The Commission can prepare reports on systemic issues, and while the Minister controls the Commission's general direction, they cannot interfere with what goes into plans or reports.\n\n**Who it affects:**\n- People with mental illness and their families/carers (they get a voice in the advisory council and the Commission's work).\n- Public sector agencies providing mental health or related services (they must cooperate and respond to reports).\n- The broader community (through education and stigma-reduction efforts).\n\n**Why it matters:**\nThis law tries to fix a common problem in mental health care — fragmented services that don't talk to each other. By creating an independent watchdog with teeth (information powers, reporting to Parliament, mandatory agency responses) and requiring lived experience at the top, it aims to keep the system accountable and focused on what actually helps people live well in the community."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to have remained focused on its original purpose of establishing and governing the NSW Mental Health Commission. The multiple amendments over time reflect refinements and updates to the Commission's functions and governance rather than any fundamental shift in scope. The core intent — creating an independent body to oversee mental health services and advocate for people with mental illness in NSW — appears consistent throughout its history."},"complexity_factors":["Governance structure involving multiple responsible Ministers across different portfolios adds administrative complexity","The Commission's role spans multiple government sectors (health, housing, justice etc.), creating cross-portfolio interdependencies","The Act has been amended multiple times since 2012 (six versions), suggesting evolving obligations and functions that require tracking across versions","Interaction with other Acts (e.g., Interpretation Act 1987) requires cross-referencing to fully understand legal obligations","Oversight and accountability mechanisms typical of commission-establishing legislation can involve nuanced independence provisions"],"plain_english_summary":"## Mental Health Commission Act 2012 (NSW)\n\n**What this law does:**\nThis Act establishes the NSW Mental Health Commission — an independent body created to oversee and improve mental health and wellbeing services across New South Wales.\n\n**Who it affects:**\n- People living with mental illness or mental health challenges in NSW\n- Their families and carers\n- Mental health service providers (hospitals, community services, GPs)\n- Government agencies responsible for mental health policy\n- The general NSW public, since mental health policy affects the whole community\n\n**Why it matters:**\nBefore this law, there was no dedicated independent watchdog for mental health in NSW. The Commission's job is to:\n- **Monitor and report** on how well mental health services are working\n- **Advocate** (speak up) for people with mental illness and their families\n- **Review** the mental health system and recommend improvements\n- **Promote** a whole-of-government approach, meaning mental health isn't just a health issue — it connects to housing, employment, justice, and more\n\nThe Commission acts as a check on the government and health system, making sure people with mental illness get fair treatment and quality care. It reports to three Ministers: the Minister for Health, the Minister for Regional Health, and the Minister for Mental Health.\n\n**In plain terms:** Think of it as a watchdog and advocate rolled into one — it keeps an eye on NSW's mental health system and pushes for better outcomes for some of the most vulnerable people in the community."}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-commission-act-2012","history":"/api/acts/mental-health-commission-act-2012/history","analysis":"/api/acts/mental-health-commission-act-2012/analysis","conflicts":"/api/acts/mental-health-commission-act-2012/conflicts","importantCases":"/api/acts/mental-health-commission-act-2012/important-cases","documents":"/api/acts/mental-health-commission-act-2012/documents"}}