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Mental Health

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020

If the police charge you with a crime, you might go to court.

At court, the magistrate can make an order called a Section 14. The law is called the Mental Health

and Cognitive Impairment Forensic Procedure Act 2020

A magistrate is a type of judge.

A Section 14 means you won’t have to:

pay a fine
go to jail.

But if you get a Section 14, you must agree to get some help.

You can say what help you want.

You will get a support plan.

A support plan is sometimes called a treatment plan.

Your support plan talks about:

what support you need
how you will get that support.

You must agree to follow what your support plan says.

If you follow your Section 14 for a year, you won’t have to go back to court.
If you don’t follow your Section 14, you might have to go back to court.

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Don't Delay. Help Is At Hand.

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Section 14 Diversion or mental health review tribunal? call us now

Support Plans / Treatment Plans

We will help to get all the material the Court will need

To help the Court dismiss your criminal charges we will speak with your Doctor and help you to get support or treatment for your mental health.

We will help with preparing a treatment or support plan. We can get medical reports from Counsellors, Psychologists, Psychiatrists and Doctors and help you find support.

The treatment or support plan should include conditions that fit the particular circumstance of the individual and should comply with the specific requirements of the Mental Health Act 2007.

The treatment or support plan should clearly outline the obligations of both the patient and the treating team. The implementation of this plan is usually the responsibility of the case manager or key support provider.

The Court may require the name of a 'responsible person' but the legislation does not define the phrase.

The Court must be persuaded that it is more appropriate that the charges be diverted away from criminal proceedings.

We have achieved with Section 14 diversions in the following Courts:

Burwood Local Court

Downing Centre Local Court

Hornsby Local Court

Liverpool Local Court

Manly Local Court

Newtown Local Court

Waverley Local Court

We will go to any Court to represent you.

Speak to an expert

We have conducted many successful section 14 applications in Sydney.

Our principal, Metin Ozmen, has worked with Intellectual Disability Rights Services (IDRS) and, the Ability Rights Centre (ARC).

Intellectual Disability Rights Services (IDRS) is a free service for people with intellectual or other cognitive impairment.

They can help people living in NSW. You do not need an NDIS package to get help from IDRS services. IDRS work alongside people with cognitive impairment to promote and protect their rights.

The Ability Rights Centre (ARC) is a community legal centre and disability advocacy service. It is a free service for people with cognitive impairment living in NSW.

The Ability Rights Centre provide legal help, NDIS appeals and Disability Royal Commission advocacy, help for parents with disability and rights education’.

Call 02 9265 6350 for any of these ARC services or for information.

Speak to an expert in section 14 diversion applications now.

Support AT COURT - Justice Advocacy Service (JAS)

We will help to get all the support you need

The Justice Advocacy Service (JAS) supports young people and adults with cognitive impairment in contact with the NSW criminal justice system, including as victims, witnesses and suspects/defendants to exercise their rights and fully participate in the process.

JAS is available across NSW including in rural, regional and remote areas, and concentrated in NSW Police Area Commands, Police Districts and around central court locations.

We use an individual advocacy approach by arranging a support person to be with victims, witnesses and suspects/defendants when they are in contact with police, courts and legal representatives.

Eligibility

JAS is available to victims, witnesses and suspects/defendants in contact with the NSW criminal justice system who may have a cognitive impairment. A potential client does not need to provide evidence of cognitive impairment to access the service. If police, court, legal representatives, correctional officers or other stakeholder believes the person may have a cognitive impairment, a referral can be made by calling JAS on 1300 665 908.

IDRS was successful in securing NSW Government funding for statewide Justice Advocacy Service (JAS) and a new nation-leading court-based diversion program. IDRS already delivers the JAS, from July 2022 JAS will expand its functions to include a court-based diversion service in the following six NSW local courts:

Blacktown Local Court,

Downing Centre Local Court,

Gosford Local Court

Lismore Local Court,

Parramatta Local Court,

Penrith Local Court.

Here at Ozlaw, we have achieved success with Section 14 diversions in the following Courts:

Burwood Local Court

Downing Centre Local Court

Hornsby Local Court

Liverpool Local Court

Manly Local Court

Newtown Local Court

Waverley Local Court

We will go to any Court to represent you.

Speak to an expert

We have conducted many successful section 14 applications in Sydney and have helped by Justice Advocacy Support staff (JAS).

If you need a support person at Court JAS may be able to help.

Call 02 9265 6350 for JAS any of the ARC services or for information.

Speak to an expert in section 14 diversion applications now.

Mental health review tribunal (MHRT)

What is the Mental Health Review Tribunal?

The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness.

Community Treatment Orders (CTOs) can be made by the Tribunal for a person who is a patient in a mental health facility or is in the community or in prison provided certain criteria are met.

What is a Community Treatment Order (CTO)?

A Community Treatment Order (CTO) is a legal order made by either the Mental Health Review Tribunal or, in very limited circumstances by a Magistrate.

A Community Treatment Orders require the client to accept care and treatment from a community mental health facility whilst living in the community. If the client fails to do this he or she can be returned to a mental health facility for inpatient care. CTOs can be made for a maximum of 12 months, however there is no limit on the number of orders that can be made.

Under a CTO a client may be ordered to accept treatment, care and management to be provided in the community by a nominated mental health facility. CTOs are intended to allow people, who might otherwise be detained in a mental health facility, to live in the community and get the treatment, care and support they need in a less restrictive setting.

What is a Treatment Plan?

This is a plan which sets out how a person will be managed while on the CTO. This plan is usually prepared by the psychiatric case manager and must be presented to the Tribunal for approval when a CTO is being applied for or to a Magistrate if a CTO is being considered as part of a Court hearing.

The treatment plan should be personalised and adapted to include conditions that fit the particular circumstance of the individual and should comply with the specific requirements of the Mental Health Act 2007.

The treatment plan should clearly outline the obligations of both the client and the treating team. The implementation of this plan is the responsibility of the case manager and the client.

Appealing against a Community Treatment Order

If the CTO was made by the Tribunal you may appeal to the Supreme Court on any question of law or fact arising from the order or against the duration of the order if it is more than six months, or if no expiry date was set.

If the CTO was made by a Magistrate then an appeal can be made to the Tribunal. Clients wishing to appeal to the Tribunal should write to the Tribunal and explain the reasons for their appeal.

We will go to any Court to represent you.

Mental Health

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020

Don't Delay. Help Is At Hand.

Support Plans / Treatment Plans

We will help to get all the material the Court will need

Speak to an expert

Support AT COURT - Justice Advocacy Service (JAS)

We will help to get all the support you need

Speak to an expert

Mental health review tribunal (MHRT)

What is the Mental Health Review Tribunal?

Can I have a lawyer at the Mental Health Review Tribunal?

What is a Community Treatment Order (CTO)?

What is a Treatment Plan?

Appealing against a Community Treatment Order

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