NSWIn ForceAct
Mental Health Act 2007
72Nomination of designated carers
Start here
Get a plain-English read of 72
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2007.
#### 72 Nomination of designated carers
72 Nomination of designated carers
> > (1) A person may nominate up to 2 persons to be the person’s designated carers for the purposes of this Act.
>
> > (2) A person may nominate persons who are excluded from being given notice or information about the person under this Act and may revoke or vary any such nomination.
>
> > (3) A person who is over the age of 14 years and under the age of 18 years may not exclude the person’s parent by a nomination under subsection (2).
>
> > (4) A nomination, variation or revocation is to be made in writing and may be given to an authorised medical officer at a mental health facility or a director of community treatment.
>
> > (5) A nomination remains in force for the period prescribed by the regulations or until it is revoked in writing.
>
> > (6) An authorised medical officer or a director of community treatment is, in carrying out his or her functions under this Act or the regulations, to give effect to a nomination or a variation or revocation of a nomination, if notified of the nomination, variation or revocation.
>
> > (7) An authorised medical officer or a director of community treatment is not required to give effect to a nomination, or a variation or revocation of a nomination, if the officer or director reasonably believes—
> >
> > > (a) that to do so may put the patient or nominated person or any other person at risk of serious harm, or
> >
> > > (b) that the person who made the nomination, variation or revocation was incapable of making the nomination, variation or revocation.
>
> **s 72:** Am 2014 No 85, Sch 1 \[43\].