Mental Health Rights Manual
An online guide to help explain your legal and human rights in the mental health and human services systems in New South Wales.
Read moreRecovery Oriented Language Guide
Words are important. The language we use and the stories we tell have great significance to all involved.
See the guide
The Regulation includes a range of provisions that support the NSW Mental Health Act. MHCC were asked to review the draft amendments to the Regulations to be appealed in September 2019. Whilst substantially the same MHCC commented on a few changes that we believed could be further clarified.
June 2019
MHCC urged the Department of Justice to maintain a number of features to NSW Guardianship hearings which other jurisdictions in Australia have dropped. We believe these elements are critical to better enabling people with complex conditions, their families and support persons to participate in hearings; supported by tribunal members who have the skills to make appropriate guardianship and administrative orders.
June 2019
After consulting members, our submission focused on community-managed mental health sector delivery of psychosocial support services in NSW. It also commented on broader issues concerning the interface between sectors and the NDIS, NDIS workforce and service gaps. The submission argues the mental health system needs more resources and a shift in emphasis from hospital treatment towards prevention, early intervention and community based support. It makes 11 recommendations, including that funding and policy ensures a skilled and community based mental health workforce.
April 2019
MHCC provided comment to NSW Department of Justice on defining Mental Health Impairment and Cognitive Impairment, agreeing with the position that amendments to the Mental Health (Forensic Provisions) Act 1990 should not specifically refer to personality disorders as either in or out, to avoid excluding people from genuinely needed opportunities to be diverted or to receive a NGMI finding.
March 2019
The Special Commission of Inquiry will inquire into, and report on the nature, prevalence and impact of ice in NSW; the adequacy of existing measures to tackle ice in NSW; and options to strengthen NSW’s response to ice, including law enforcement, education and treatment/rehabilitation responses. MHCC provided feedback on the draft Terms of Reference consultation process.
December 2018
In general MHCC supported draft Guidelines that aim to maximise participation of the represented person in Australian Tribunals. Whilst the Guidelines are written for Tribunal Members, they also need to be clear to participants and their support persons. Tribunal Members need to know who can provide support to the participant prior to a hearing and whose role it is to ensure this is offered.
December 2018
In relation to the proposed use of the term ‘unlawful act’ instead of ‘index event’ MHCC recommends other alternatives that from a forensic human rights perspective do no imply criminal responsibility; whilst still acknowledging the gravity and impact of the offence from a victim’s perspective.
October 2018
MHCC commented on draft regulations that underpin the Specialist Victims Register and victim impact statements. Changes allow victims to be notified and heard more effectively in Tribunal hearings.
October 2018
MHCC responded to review of section 12 of the Disability Inclusion Act which requires public authorities to develop a Disability Inclusion Action Plan, to ensure people with disability have access to Department of Justice services and full participation in the community. MHCC supports the rights of people with disability to participate in society, access information, live free from violence and to have diverse needs respected.
September 2018
The principle concern raised in MHCC’s submission is that the Bill provides for a broader power for victims of forensic patients beyond what are the equivalent rights for victims of sentenced prisoners. We also provided some recommendations concerning language to be amended in line with contemporary ‘recovery’ terminology.
September 2018
The submission focused on planning challenges and the significant impacts of low pricing for working with people with complex needs. We call for more outreach to people with mental health conditions eligible for the NDIS, to take pressure off acute mental health services.
August 2018
MHCC commented that the language of the draft is not recovery-oriented, yet we support identification of people living with mental health conditions and people with cognitive impairments as two distinct groups, so that defendants receive appropriate support.
August 2018
