Table of contents

Updates and background for this project (Digest)

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Terms of Reference
Participants

SUBMISSIONS
ABBREVIATIONS
ISSUES

THE COMMISSION’S APPROACH
A series of consultation papers
Structure of this Paper
Preliminary consultations
Submissions and further consultation

HISTORICAL PERSPECTIVE
BACKGROUND TO THE REFERENCE
Terms of reference
Relationship to previous reviews by this Commission
Recent developments
THE REVIEW IN CONTEXT
What do we mean by cognitive and mental health impairments?
Incidence of cognitive impairments and mental illness
Human rights obligations
National mental health policy
Past reviews

INTRODUCTION
MENTAL HEALTH ACT 2007 (NSW)
Scope
Principles and objectives
Voluntary admission of civil patients
Involuntary admission to a mental health facility or treatment in the community
MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 (NSW)
Forensic patient
Correctional patient
Objects

OVERVIEW
FIRST POINT OF CONTACT – THE POLICE
THE COURTS
Fitness proceedings - District and Supreme courts
Local Court diversion
Defence of mental illness
Partial defence of substantial impairment
Infanticide
Sentencing issues
THE MENTAL HEALTH REVIEW TRIBUNAL
JUSTICE HEALTH

TERMINOLOGY
THE MENTAL HEALTH ACT
“Mental illness”
THE MENTAL HEALTH (FORENSIC PROVISIONS) ACT
“Mental illness” and “mentally ill persons”
“Mental condition”
“Developmental disability”
THE CRIMES ACT 1900 (NSW)
Substantial impairment
Infanticide
MODEL CRIMINAL CODE
ISSUES FOR DISCUSSION
An overarching definition?
Clarifying and updating existing definitions

INTRODUCTION
EXISTING MECHANISMS
Other jurisdictions
A GENERAL POWER TO ORDER ASSESSMENTS
Issues to consider