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.

Amendments to the Mental Health Act 2007

Section 201 of the Mental Health Act 2007 required the Minister to review the Act 'to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives'. A report on the outcome of the review was tabled in Parliament on 30 May 2013.

Extensive consultations with the community and key stakeholders were conducted over a period of 18 months, and draft amendments were tested through an Expert Reference Group. Significant amendments to the Mental Health Act2007 were passed by the NSW Parliament on 18 November 2014 and commenced on 31 August 2015.

Mental Health Act 2007 Legislation

To access the Mental Health Act 2007 legislation, please visit the following link: http://www.legislation.nsw.gov.au/#/view/act/2007/8

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This website has been developed to assist those who are interested in the Mental Health Act 2007. This website and associated resources were originally produced by the NSW Institute of Psychiatry (NSWIOP) on behalf of NSW Health. As of January 2017 NSWIOP transitioned to become the Mental Health Portfolio of HETI.

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