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Mental Health Applications in the NSW Local Court

Those suffering from a mental health impairment such as anxiety, depression or bipolar disorder, or a cognitive impairment such as an intellectual disability, autism or acquired brain injury, who are charged with criminal offences that are to remain in the local court can apply to have the charges dismissed on condition they enter a mental health treatment or support plan for up to 12 months if the magistrate is satisfied it is more appropriate to deal with them under such a plan than otherwise in accordance with the law.

A mental health plan may include regular visits to a general practitioner as well as a mental health professional, and taking medication as prescribed.

A successful mental health application will mean there is no criminal conviction and no finding of guilt.

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