NSWIn ForceAct
Mental Health Act 2007
71Designated carers
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#### 71 Designated carers
71 Designated carers
> > (1) The designated carer of a person (the patient) for the purposes of this Act is—
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> > > (a) the guardian of the patient, or
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> > > (b) the parent of a patient who is a child (subject to any nomination by a patient referred to in paragraph (c)), or
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> > > (c) if the patient is over the age of 14 years and is not a person under guardianship, a person nominated by the patient as a designated carer under this Part under a nomination that is in force, or
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> > > (d) if the patient is not a patient referred to in paragraph (a) or (b) or there is no nomination in force as referred to in paragraph (c)—
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> > > > (i) the spouse of the patient, if any, if the relationship between the patient and the spouse is close and continuing, or
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> > > > (ii) any individual who is primarily responsible for providing support or care to the patient (other than wholly or substantially on a commercial basis), or
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> > > > (iii) a close friend or relative of the patient.
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> > (2) In this section—
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> > close friend or relative of a patient means a friend or relative of the patient who maintains both a close personal relationship with the patient through frequent personal contact and a personal interest in the patient’s welfare and who does not provide support to the patient wholly or substantially on a commercial basis.
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> > relative of a patient who is an Aboriginal person or a Torres Strait Islander includes a person who is part of the extended family or kin of the patient according to the indigenous kinship system of the patient’s culture.
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> **s 71:** Am 2014 No 85, Sch 1 \[39\]–\[42\].