Policy Bulletin 2022/8 Civil Policy: Mental Health

1 Nov 2022

The Legal Aid NSW Board has approved a policy amendment to the Civil Law, policy 4.12.3 Involuntary patients before the Mental Health Review Tribunal and policy 4.12.4 Applications for renewal of a Community Treatment Order, that removes the merit test for further review proceedings for involuntary patients appearing before the Mental Health Review Tribunal under s 37(1)(c) of the Mental Health Act 2007 (NSW) (the Act).

Background

This policy relates to the eligibility for aid for people subject to continuing involuntary detention and treatment in mental health facilities.

Under s37(1)(c) of the Act, once a person has been detained for more than 12 months, The Mental Health Review Tribunal must review their ongoing detention every 6 months.

People subject to s 37(1)(c) inquiries are some of the most vulnerable involuntary patients because they often experience chronic mental illness associated with comorbidities and lack of financial, family and social support. These people can spend many years in detention. A common contributing factor to long periods of detention is isolation combined with a lack of self-efficacy to obtain legal assistance.

The merit test created a barrier for this cohort of patients in terms of their access to available Legal Aid NSW services. By removing the merit test, we create an opportunity for Legal Aid NSW to make a positive impact, particularly with regard to the pressing issues faced by this cohort around NDIS support.

Legal Aid NSW can provide further minor assistance and representation via the newly established joint MHAS / NDIS Team. This team has independently secured funding until 2025 under The National Legal Assistance Partnership 2020-25.

Commencement date

The change applies to applications on or after 1 November 2022.

Contact for further information

Email Manager, Aideen McGarrigle at Client Eligibility Unit