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Legislation
Legislation
Mental Health Act 2007
The Mental Health Act 2007 came into effect on 16 November 2007, when the Mental Health Act 1990 ceased to have effect. The objects of the 2007 Act are to make provisions with respect to the care, treatment and control of mentally ill persons and mentally disordered persons and other matters relating to mental health. The new Act resulted from a review of the legislation initiated by the Government and involved extensive consultations with consumers, carers and service providers. It retains many of the significant principles of the Mental Health Act 1990, builds on patient and carer rights and protections; and provides for modern models of service provision. For more information go to:
Mental Health Act 2007 forms
Mental Health (Forensic Provisions) Act 1990
The Mental Health Legislation Amendment (Forensic Provisions) Act 2008 renamed and amended the Mental Health (Criminal Procedure) Act 1990 as the Mental Health (Forensic Provisions) Act 1990. It also amended the Mental Health Act 2007. The Mental Health (Forensic Provisions) Act deals with the care, treatment, control and release of forensic patients and patients transferred from correctional centres; and with the functions of the Mental Health Review Tribunal. The main change to the Act is the transfer to the Tribunal of decision making responsibility over forensic patients. The Tribunal will now be able to make orders for the detention, care and treatment of forensic patients, including orders for release. For more information go to:
Guardianship Act 1987
The Guardianship Act 1987 was created to protect the legal rights of people over the age of 16 years, who have a disability which affects their capacity to make decisions. The Guardianship Act is the governing legislation for the appointment of guardians and for guardianship practice in NSW. In 1989, the Guardianship Act created the NSW Guardianship Tribunal and the Office of the Public Guardian. In 1998, the Act was amended to allow for the appointment of enduring guardians. In 2004, the Act was again amended to enable the NSW Administrative Decisions Tribunal to hear appeals against decisions made by the Guardianship Tribunal and to review decisions of the Office of the Public Guardian.
For more information go to:
Drug and Alcohol Treatment Act 2007
The Drug and Alcohol Treatment Act 2007 was created to provide the legal basis for a two-year trial of short-term involuntary care and treatment during which this group of persons with severe substance dependence would undergo detoxification to rebuild their health and be linked in a planned and considered way to longer-term rehabilitation and support.
Drug Court Act 1998
The Drug Court Act 1998 provides for the establishment of the Drug Court of New South Wales, for the referral of drug offenders to the Drug Court, and for the supervision of drug programs by the Drug Court; and for other purposes.
Drugs Misuse and Trafficking Goods Act 1985
The Drugs Misuse and Trafficking Goods Act 1985 was created to prohibit the manufacture, supply, possession and use of certain drugs and for related purposes.
Inebriates Act 1912
The Inebriates Act 1912 was created to provide for the care, control and treatment of people who habitually use intoxicating liquor or intoxicating or narcotic drugs to excess.
The purpose of the Act is the regulation, control and prohibition of the supply and use of poisons, restricted substances, drugs of addiction, certain dangerous drugs and certain therapeutic drugs. The Pharmacotherapy Credentialling Sub-Committee (PCS) operates within sections 27 to 30 of this Act and these sections relate to the authorisation of prescribers under the NSW Opioid Treatment Program. The primary role of the PCS is to make recommendations to the Director-General, through the Chairperson of the Sub-Committee, on the approval of medical practitioners as prescribers of drugs of addiction under the NSW Opioid Treatment Program.
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