NSW Online Communication Restrictions for Forensic Patients Released by the Mental Health Review Tribunal

Mental Health Legislation Amendment Bill 2024

Legislative Council

Legislative Assembly

Assent

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Introduced by: The Hon Ryan Park MP (ALP); The Hon Rose Jackson (ALP)

Effects of this bill

If this bill passes, it means that:

The Mental Health Review Tribunal can ban or restrict a forensic patient's use of social media; this applies when the Tribunal orders the patient's release.
The Tribunal must include at least one judicial officer; this applies to orders for a forensic patient's release or leave of absence.
The judicial requirement does not apply to leave of absence orders if the patient is escorted by facility staff.
Magistrates are now eligible for appointment as President or Deputy President of the Tribunal.
Presidents and Deputy Presidents who hold judicial office keep their tenure and privileges.
These judicial members receive the higher of their two remuneration packages; they cannot receive both.

The Debate

What different members said when this bill was debated:

Robyn Preston LIB

“I speak on behalf of the Opposition in my capacity as shadow mental health Minister in support of the Mental Health Legislation Amendment Bill 2024. The bill seeks to make several amendments to two Acts, the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, commonly referred to as the forensic Act, and the Mental Health Act 2007.”

Official source →

Charishma Kaliyanda ALP

“I make a contribution in support of the important Mental Health Legislation Amendment Bill 2024, which aims to improve oversight of forensic patients by requiring greater judicial oversight of leave decisions and expressly recognising that the Mental Health Review Tribunal can impose conditions restricting or prohibiting social media when granting leave or release.”

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Philip Donato IND

“I support the Mental Health Legislation Amendment Bill 2024. Firstly, I take this opportunity to thank Minister Rose Jackson for her swift response to the incident that prompted her introduction of this bill in the other place. Some present here may have heard, or later became aware of, the substance of the private member’s statement I delivered in this Chamber on 16 October 2024.”

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Michael Holland ALP

“In particular, I thank the member for Hawkesbury, and shadow Minister for Mental Health and Medical Research for her bipartisan and collaborative actions. I thank the member for Liverpool for her considered contribution to the debate. I thank the member for Orange, who is a good man, a good local member and a sincere advocate for mental health legislation reform.”

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News articles and press releases

Mental Health Legislation Amendment Bill 2024

The Hon. ROSE JACKSON, Minister for Water — 2024-11-21

This bill makes a number of amendments to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, referred to as the forensic Act, and the Mental Health Act 2007 to improve the oversight of forensic patients. Forensic patients include people who, while mentally unwell or cognitively impaired, have committed crimes—sometimes terrible crimes. They include people who are not considered criminally responsible for their acts because, under law, they either did not know the nature or quality of the act, or did not know that the act was wrong. The fact that forensic patients are not considered criminally responsible under law for their behaviour does not lessen the significant trauma, anger and grief experienced by victims and their families.