Factsheet No. 20 Police powers under the Mental Health Act 2007 (NSW)

This factsheet explains when police can detain you under the Mental Health Act and take you to a mental health facility, the processes that will be followed, and your options to make a complaint if you believe police have behaved improperly.

Police can detain you under the Mental Health Act 2007 (NSW) and transport you to a mental health facility if:

  • you appear to be mentally ill or mentally disturbed; and
  • you are committing or have committed an offence or you have attempted or will attempt to cause serious harm to yourself or someone else; and
  • it would be beneficial for your welfare to have a mental health assessment.

Police may also transport you to a mental health facility if they are requested to so by an ambulance officer or under a mental health certificate issued by an authorised person (such as a doctor).

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