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Mental Health Law

The Impact of Lockdowns on Australia’s Youth

by Sonia Hickey
Social isolation resulting from lockdowns, a lack of hope for the future and fear of the virus are fuelling anxiety and depression among Australian children and teenagers at alarming rates. Mental Health problems in young people The Royal Australian and...

The New Mental Health Regime in the NSW Criminal Courts

by Paul Gregoire & Ugur Nedim
The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the New Act) came into effect on the 27 March 2021. Passed last June, the New Act replaces the Mental Health (Forensic Provisions) Act 1990 (NSW) (the Old Act)...

Can I Have My Criminal Charges Dismissed Due to Mental Health? Section 14 Orders in NSW

by Ugur Nedim
On 27 March 2021, new laws came into effect in New South Wales to deal with situations where persons suffering from mental health issues come into contact with the criminal justice system. Among other things, the new laws cover: Applications...

Mental Health Applications in the NSW Local Court: Section 14 Orders

by Patrick O’Sullivan
Before 27 March 2021, persons suffering from mental health conditions who were accused of NSW criminal offences could apply for an order referring them to a diversionary program, rather than subjecting them to a penalty under the general criminal law....

The Defence of Mental Illness in New South Wales

by Sonia Hickey
A New South Wales man who killed his baby girl by throwing her into the Tweed River has been found not guilty of murder by reason of mental illness. Justice Helen Wilson said in her special verdict in the Supreme...

The Impact of COVID-19 on Mental Health

by Sonia Hickey
We’ve heard about the anti-maskers threatening retail workers and about the woman who assaulted a police officer. We read about people lying to police to get across interstate borders and about the people who’ve tested positive to Covid-19 flouting social...

Mental Health Laws Are Set to Change In NSW

by Jarryd Bartle
Key aspects of NSW forensic mental health laws are set to change in 2021 following the passage of the Mental Health and Cognitive Impairment Forensic Provisions Bill 2020 (NSW) last month. The changes will clarify principles involved in key forensic...

Section 32 Mental Health Applications: A Psychiatrist’s Report is Not Necessary

by Paul Gregoire & Ugur Nedim
Joseph Perdicaro was charged with two criminal offences on 6 April 2018. The first was stalking or intimidation with intent to cause physical or mental harm under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). This...

The Defence of Mental Illness in New South Wales

by Sonia Hickey & Ugur Nedim
Being found not guilty by reason of mental illness isn’t just the stuff of good fiction crime novels, as a recent case in the Supreme Court of New South Wales demonstrates. In that case, a 38-year old father who stabbed...

Section 32 Mental Health Applications in New South Wales

by Ugur Nedim
A former partner of accounting firm KPMG has faced Manly Local Court after admitting using a corkscrew to threaten a Liberal party campaigner, punching him in the stomach while holding the object, calling him a “paedophile supporter” and tearing down...
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