Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021 (2021-117) (NSW)

Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021

Part 1 Preliminary

1 Name of Regulation This Regulation is the Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021.

2 Commencement This Regulation commences on 27 March 2021 and is required to be published on the NSW legislation website.

3 Definitions In this Regulation— forensic community treatment order means a community treatment order made under section 99 of the Act. Justice Health and Forensic Mental Health Network means the statutory health corporation of that name constituted under the Health Services Act 1997. the Act means the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Part 2 Proceedings

Division 1 Court proceedings

4 Matters to be considered by Court—reports A person is prescribed for the purposes of sections 33(2) and 66(1) of the Act, if the person— (a) is a registered psychologist, and (b) has, in the opinion of the Court, appropriate experience or training in forensic psychology or neuro-psychology.

Division 2 Tribunal proceedings

5 Adjournments The Tribunal may be constituted by the President or a Deputy President for the purpose of adjourning a review under the Act.

6 Matters to be considered by Tribunal A person is prescribed for the purposes of section 84(1)(b) of the Act, if the person— (a) is a registered psychologist, and (b) has, in the opinion of the Tribunal, appropriate experience or training in forensic psychology or neuro-psychology.

7 Reviews by Tribunal of persons awaiting transfer to mental health facility (1) For the purposes of section 89(1) of the Act, the prescribed period is 14 days after the making of the order. (2) The Tribunal may be constituted by the President or a Deputy President for the purposes of conducting a review under section 89 of the Act.