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This is a Bill, not an Act. For current law, see the Acts databases.


MENTAL HEALTH COMMISSION BILL 2011




                              New South Wales




Mental Health Commission Bill 2011

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The objects of this Bill are:
(a) to establish the Mental Health Commission of New South Wales (the
      Commission) as an independent statutory body and to provide for its
      functions, and
(b) to provide for the appointment of a Mental Health Commissioner and one or
      more Deputy Mental Health Commissioners, and
(c) to establish the Mental Health Community Advisory Council to advise the
      Commission on mental health issues, and
(d) to make consequential amendments to the Public Finance and Audit Act 1983
      and the Statutory and Other Offices Remuneration Act 1975.

Outline of provisions
Part 1         Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.


b2011-111-22.d13a
Mental Health Commission Bill 2011

Explanatory note




Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.
Clause 3 sets out the object of the proposed Act.
Clause 4 defines certain words and expressions used in the proposed Act.

Part 2       Mental Health Commission
Clause 5 constitutes the Commission as a statutory body that is not and does not
represent the Crown.
Clause 6 provides for the Governor to appoint a Mental Health Commissioner (the
Commissioner) who will exercise the functions of the Commission.
Clause 7 provides for the Governor to appoint one or more Deputy Mental Health
Commissioners (a Deputy Commissioner).
Clause 8 requires the Commissioner or at least one Deputy Commissioner to be a
person who has or has had a mental illness.
Clause 9 provides that the Commission is subject to the direction and control of the
Minister, except in relation to the preparation and contents of a draft strategic plan
for the mental health system in New South Wales or any other report prepared by the
Commission.
Clause 10 establishes the Mental Health Community Advisory Council to advise the
Commission on any mental health issue it considers appropriate or that is referred to
it by the Commission.

Part 3       Functions of Commission
Clause 11 sets out the principles that are to govern the work of the Commission,
which are as follows:
(a) people who have a mental illness, wherever they live, should have access to
      the best possible mental health care and support,
(b) people who have a mental illness and their families and carers should be
      treated with respect and dignity,
(c) the primary objective of the mental health system should be to support people
      who have a mental illness to participate fully in community life and lead
      meaningful lives,
(d) the promotion of good mental health and the effective provision of mental
      health services are the shared responsibility of the government and
      non-government sectors,




Explanatory note page 2
Mental Health Commission Bill 2011

Explanatory note




(e)   an effective mental health system requires:
      (i)    a co-ordinated and integrated approach across all levels of government
             and the non-government sector, including in the areas of health,
             housing, employment, education and justice, and
      (ii) communication and collaboration between people who have a mental
             illness and their families and carers, providers of mental health services
             and the whole community.
Clause 12 sets out the functions of the Commission, which are as follows:
(a) to prepare, in consultation with providers of mental health and related services
      and government agencies, a draft strategic plan for the mental health system in
      New South Wales for submission to the Minister for approval,
(b) to monitor and report on the implementation of the strategic plan,
(c) to review and evaluate, and report and advise on, mental health services and
      other services and programs provided to people who have a mental illness, and
      other issues affecting people who have a mental illness,
(d) to promote and facilitate the sharing of knowledge and ideas about mental
      health issues,
(e) to undertake and commission research, innovation and policy development in
      relation to mental health issues,
(f)   to advocate for and promote the prevention of mental illness and early
      intervention strategies for mental health,
(g) to advocate for and promote the general health and well-being of people who
      have a mental illness and their families and carers,
(h) to educate the community about mental health issues, including for the
      purpose of reducing the stigma associated with mental illness and
      discrimination against people who have a mental illness,
(i)   such other functions relating to mental health as may be prescribed by the
      regulations.
Clause 13 enables the Minister to direct the Commission to prepare a special report
on any significant systemic issue affecting people who have a mental illness (not
being an issue that relates only to a particular specialist mental health service). The
Minister may table a special report in Parliament.
Clause 14 provides that the Commission may, at any time, prepare a report on the
implementation of the strategic plan or a systemic issue relating to the mental health
system or affecting people who have a mental illness. Such a report will be tabled in
Parliament.
Clause 15 enables the Commission to delegate any of its functions to a Deputy
Commissioner or a member of staff of the Commission.




                                                               Explanatory note page 3
Mental Health Commission Bill 2011

Explanatory note




Part 4       Miscellaneous
Clause 16 requires the Commission and public sector agencies that provide mental
health services or are involved in dealing with people who have a mental illness to
work co-operatively in the exercise of their respective functions. Public sector
agencies should have regard to the principles governing the Commission's work in
exercising their functions. The Commission may request a public sector agency to
provide the Commission with any information held by the agency that is reasonably
required by the Commission for the exercise of its functions and the agency must
comply with such a request if it is reasonable to do so.
Clause 17 provides for the tabling in Parliament of reports prepared by the
Commission.
Clause 18 protects the Commissioner, Deputy Commissioners, members of the
Mental Health Community Advisory Council or persons acting under the direction
of the Commission or a Council member from personal liability for acts done or
omitted to be done in good faith.
Clause 19 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 20 provides for the review of the proposed Act in 5 years. The Minister is
also required to review the work of the Commission every 5 years.

Schedule 1                Provisions relating to Commissioner and
                          Deputy Commissioners
Schedule 1 contains provisions relating to the office of the Mental Health
Commissioner and Deputy Mental Health Commissioners.

Schedule 2                Savings, transitional and other
                          provisions
Schedule 2 provides for the making of regulations of a savings and transitional
nature consequent on the enactment of the proposed Act.

Schedule 3                Amendment of other legislation
Schedule 3.1 amends the Public Finance and Audit Act 1983 to provide for financial
auditing and annual reporting by the Mental Health Commission.
Schedule 3.2 amends the Statutory and Other Offices Remuneration Act 1975 to
provide that the remuneration and allowances payable to the Mental Health
Commissioner and any full-time Deputy Mental Health Commissioner will be
determined by the Statutory and Other Offices Remuneration Tribunal.




Explanatory note page 4
                                                                        First print




                                 New South Wales




Mental Health Commission Bill 2011


Contents

                                                                               Page
Part 1         Preliminary
                    1   Name of Act                                              2
                    2   Commencement                                             2
                    3   Object of Act                                            2
                    4   Definitions                                              2

Part 2         Mental Health Commission
                    5   Constitution of Mental Health Commission                 4
                    6   Mental Health Commissioner                               4
                    7   Deputy Mental Health Commissioners                       4
                    8   Commissioner or Deputy Commissioner to have personal
                        experience of mental illness                             4
                 9      Ministerial control                                      5
                10      Mental Health Community Advisory Council                 5



b2011-111-22.d13a
Mental Health Commission Bill 2011

Contents

                                                                        Page
Part 3       Functions of Commission
              11    Principles governing work of Commission               6
              12    Functions of Commission                               6
              13    Special reports                                       7
              14    Other reports                                         8
              15    Delegation of Commission's functions                  8

Part 4       Miscellaneous
              16    Co-operation between Commission and public sector
                    agencies                                              9
              17    Provisions relating to reports                        9
              18    Personal liability                                   10
              19    Regulations                                          10
              20    Review of Commission and Act                         10

Schedule 1          Provisions relating to Commissioner and
                    Deputy Commissioners                                 11
Schedule 2          Savings, transitional and other provisions           13
Schedule 3          Amendment of other legislation                       14




Contents page 2
                            New South Wales




Mental Health Commission Bill 2011
No     , 2011


A Bill for

An Act to establish and confer functions on the Mental Health Commission; and for
other purposes.
Clause 1          Mental Health Commission Bill 2011

Part 1            Preliminary




The Legislature of New South Wales enacts:                                                 1


Part 1         Preliminary                                                                 2

  1      Name of Act                                                                       3

               This Act is the Mental Health Commission Act 2011.                          4

  2      Commencement                                                                      5

               This Act commences on a day or days to be appointed by proclamation.        6

  3      Object of Act                                                                     7

               The object of this Act is to establish the Mental Health Commission of      8
               New South Wales for the purpose of monitoring, reviewing and                9
               improving the mental health system and the mental health and               10
               well-being of the people of New South Wales.                               11

  4      Definitions                                                                      12

         (1)   In this Act:                                                               13
               Commission means the Mental Health Commission of New South                 14
               Wales constituted by this Act.                                             15
               Commissioner means the Mental Health Commissioner appointed by             16
               the Governor under section 6.                                              17
               Deputy Commissioner means a Deputy Mental Health Commissioner              18
               appointed by the Governor under section 7.                                 19
               function includes a power, authority or duty, and exercise a function      20
               includes perform a duty.                                                   21
               non-government sector includes the private sector.                         22
               public sector agency means any of the following:                           23
                (a) a Division of the Government Service,                                 24
               (b) a NSW Government agency,                                               25
                (c) the NSW Police Force,                                                 26
               (d) the Teaching Service,                                                  27
                (e) a local health district or statutory health corporation (within the   28
                      meaning of the Health Services Act 1997),                           29
                (f) a local council or other local authority,                             30
               (g) any other person or body prescribed by the regulations.                31
               strategic plan means a strategic plan for the mental health system in      32
               New South Wales prepared by the Commission and approved by the             33
               Minister.                                                                  34




Page 2
Mental Health Commission Bill 2011                                       Clause 4

Preliminary                                                              Part 1




       (2)    A reference in this Act to a public sector agency includes a reference to   1
              the person who is the chief executive officer (however described) of the    2
              agency.                                                                     3

       (3)    Notes included in this Act do not form part of this Act.                    4




                                                                               Page 3
Clause 5          Mental Health Commission Bill 2011

Part 2            Mental Health Commission




Part 2         Mental Health Commission                                                            1

  5      Constitution of Mental Health Commission                                                  2

         (1)   There is constituted by this Act a corporation with the corporate name              3
               of the Mental Health Commission of New South Wales.                                 4

         (2)   The Commission is not and does not represent the Crown.                             5

         (3)   The Commission has the functions conferred or imposed on it by or                   6
               under this or any other Act.                                                        7

         (4)   The functions of the Commission are exerciseable by the                             8
               Commissioner, and any act, matter or thing done in the name of, or on               9
               behalf of, the Commission by the Commissioner, or with the authority               10
               of the Commissioner, is taken to have been done by the Commission.                 11

         (5)   The Commission cannot employ any staff.                                            12
               Note. Staff may be employed under Chapter 1A of the Public Sector                  13
               Employment and Management Act 2002 in the Government Service to enable             14
               the Commission to exercise its functions.                                          15

  6      Mental Health Commissioner                                                               16

         (1)   The Governor may appoint a Mental Health Commissioner.                             17

         (2)   The Commissioner holds office for the period (not exceeding 5 years)               18
               specified in the instrument of appointment and may not be appointed for            19
               more than 2 successive terms of office.                                            20
               Note. Schedule 1 contains ancillary provisions relating to the Commissioner.       21

  7      Deputy Mental Health Commissioners                                                       22

         (1)   The Governor may appoint one or more Deputy Mental Health                          23
               Commissioners.                                                                     24

         (2)   A Deputy Commissioner holds office for the period (not exceeding                   25
               3 years) specified in the instrument of appointment and may not be                 26
               appointed for more than 2 successive terms of office.                              27
               Note. Schedule 1      contains   ancillary   provisions   relating   to   Deputy   28
               Commissioners.                                                                     29

  8      Commissioner or Deputy Commissioner to have personal experience of                       30
         mental illness                                                                           31

               The Commissioner or at least one Deputy Commissioner must be a                     32
               person who has or has had a mental illness.                                        33




Page 4
Mental Health Commission Bill 2011                                      Clause 9

Mental Health Commission                                                Part 2




  9   Ministerial control                                                                 1
             The Commission is subject to the direction and control of the Minister,      2
             except in relation to the preparation and contents of the draft strategic    3
             plan or any other report prepared by the Commission.                         4

10    Mental Health Community Advisory Council                                            5

      (1)    There is to be a Mental Health Community Advisory Council.                   6

      (2)    The function of the Council is to advise the Commission on any mental        7
             health issue it considers appropriate or that is referred to it by the       8
             Commission.                                                                  9

      (3)    The Council is to consist of the Commissioner and such persons as are       10
             appointed by the Minister (the appointed members). The Minister is to       11
             consider any recommendations made by the Commission in relation to          12
             the appointment of persons to the Council.                                  13

      (4)    The Minister must ensure that the composition of the Council reflects       14
             the diversity of the community and includes representatives of the          15
             following groups:                                                           16
              (a) people who have a mental illness and their families and carers,        17
             (b) mental health service providers,                                        18
              (c) people living in regional and remote New South Wales,                  19
             (d) culturally and linguistically diverse communities,                      20
              (e) Aboriginal persons.                                                    21

      (5)    An appointed member is to be appointed to the Council for a period of       22
             3 years or less.                                                            23

      (6)    One of the appointed members of the Council is, by the member's             24
             instrument of appointment or a further instrument signed by the             25
             Minister, to be appointed as the chairperson of the Council.                26

      (7)    The procedure for the calling of meetings of the Council and for the        27
             conduct of those meetings is to be determined by the Commissioner.          28

      (8)    An appointed member of the Council is entitled to be paid such fees and     29
             allowances (if any) as the Minister may from time to time determine for     30
             the member.                                                                 31

      (9)    The Minister may remove an appointed member from the Council at             32
             any time.                                                                   33




                                                                              Page 5
Clause 11         Mental Health Commission Bill 2011

Part 3            Functions of Commission




Part 3         Functions of Commission                                                   1

11       Principles governing work of Commission                                         2

               The following principles are to govern the work of the Commission:        3
               (a) people who have a mental illness, wherever they live, should          4
                     have access to the best possible mental health care and support,    5
               (b) people who have a mental illness and their families and carers        6
                     should be treated with respect and dignity,                         7
               (c) the primary objective of the mental health system should be to        8
                     support people who have a mental illness to participate fully in    9
                     community life and lead meaningful lives,                          10
               (d) the promotion of good mental health and the effective provision      11
                     of mental health services are the shared responsibility of the     12
                     government and non-government sectors,                             13
               (e) an effective mental health system requires:                          14
                      (i) a co-ordinated and integrated approach across all levels of   15
                           government and the non-government sector, including in       16
                           the areas of health, housing, employment, education and      17
                           justice, and                                                 18
                     (ii) communication and collaboration between people who            19
                           have a mental illness and their families and carers,         20
                           providers of mental health services and the whole            21
                           community.                                                   22

12       Functions of Commission                                                        23

         (1)   The Commission has the following functions:                              24
               (a) to prepare, in consultation with providers of mental health and      25
                    related services and government agencies, a draft strategic plan    26
                    for the mental health system in New South Wales for submission      27
                    to the Minister for approval,                                       28
               (b) to monitor and report on the implementation of the strategic plan,   29
               (c) to review and evaluate, and report and advise on, mental health      30
                    services and other services and programs provided to people who     31
                    have a mental illness, and other issues affecting people who have   32
                    a mental illness,                                                   33
               (d) to promote and facilitate the sharing of knowledge and ideas         34
                    about mental health issues,                                         35
               (e) to undertake and commission research, innovation and policy          36
                    development in relation to mental health issues,                    37




Page 6
Mental Health Commission Bill 2011                                     Clause 13

Functions of Commission                                                Part 3




              (f)   to advocate for and promote the prevention of mental illness and     1
                    early intervention strategies for mental health,                     2
             (g)    to advocate for and promote the general health and well-being of     3
                    people who have a mental illness and their families and carers,      4
             (h)    to educate the community about mental health issues, including       5
                    for the purpose of reducing the stigma associated with mental        6
                    illness and discrimination against people who have a mental          7
                    illness,                                                             8
              (i)   such other functions relating to mental health as may be             9
                    prescribed by the regulations.                                      10

      (2)    In exercising its functions under this Act, the Commission is:             11
              (a) to focus on systemic mental health issues, and                        12
             (b) to take into account co-morbid issues associated with mental           13
                    illness, such as drug and alcohol use and disability, and           14
              (c) to take into account issues related to the interaction between        15
                    people who have a mental illness and the criminal justice system,   16
                    and                                                                 17
             (d) to engage and consult with:                                            18
                     (i) people who have a mental illness and their families and        19
                           carers, and                                                  20
                    (ii) the government and non-government sectors, and                 21
                   (iii) the whole community, and                                       22
              (e) to take into account the particular views and needs of different      23
                    sections of the community, including Aboriginal communities,        24
                    culturally and linguistically diverse communities and regional      25
                    and remote communities.                                             26

13    Special reports                                                                   27

      (1)    The Minister may direct the Commission to prepare a special report on      28
             any significant systemic issue affecting people who have a mental          29
             illness (not being an issue that relates only to a particular specialist   30
             mental health service).                                                    31

      (2)    The Commission may include in a special report a recommendation that       32
             the report be made public.                                                 33

      (3)    The Minister may cause a copy of a special report to be provided to the    34
             Presiding Officer of each House of Parliament.                             35




                                                                             Page 7
Clause 14         Mental Health Commission Bill 2011

Part 3            Functions of Commission




14       Other reports                                                                        1
         (1)   The Commission may, at any time, prepare a report on any of the                2
               following:                                                                     3
                (a) the implementation of the strategic plan,                                 4
               (b) a systemic issue relating to the mental health system or affecting         5
                     people who have a mental illness.                                        6

         (2)   The Commission is to notify the Minister before preparing a report on a        7
               systemic issue referred to in subsection (1) (b).                              8

         (3)   In the course of preparing a report on a systemic issue referred to in         9
               subsection (1) (b), the Commission is to consult with any public sector       10
               agencies and non-government agencies that the Commission considers            11
               are significantly affected by the issues contained in the report, including   12
               by providing a draft report to, and considering submissions by, the           13
               agency.                                                                       14

         (4)   The Commission must provide the Minister with a copy of any report            15
               prepared under this section and the Minister must cause a copy of the         16
               report to be provided to the Presiding Officer of each House of               17
               Parliament as soon as practicable after receiving the report from the         18
               Commission.                                                                   19

15       Delegation of Commission's functions                                                20

               The Commission may delegate any of its functions, other than this             21
               power of delegation, to a Deputy Commissioner or a member of staff of         22
               the Commission.                                                               23
               Note. Section 5 (4) provides that the Commissioner acts for the Commission.   24




Page 8
Mental Health Commission Bill 2011                                         Clause 16

Miscellaneous                                                              Part 4




Part 4       Miscellaneous                                                                   1

16    Co-operation between Commission and public sector agencies                             2

      (1)    It is the duty of the Commission and public sector agencies that provide        3
             mental health services or are involved in dealing with people who have          4
             a mental illness to work co-operatively in the exercise of their                5
             respective functions.                                                           6

      (2)    A public sector agency should have regard to the principles set out in          7
             section 11 in exercising its functions.                                         8

      (3)    The Commission may enter into arrangements with any public sector               9
             agency in relation to the provision by the agency of information that is       10
             required by the Commission for the exercise of its functions.                  11

      (4)    The Commission may request a public sector agency to provide the               12
             Commission with any information held by the agency that is reasonably          13
             required by the Commission for the exercise of its functions and the           14
             agency must comply with such a request if it is reasonable to do so.           15

      (5)    Any dispute arising between the Commission and a public sector                 16
             agency about a request for information under subsection (4) is to be           17
             resolved between the Minister administering this Act and the Minister          18
             responsible for the public sector agency.                                      19

      (6)    Information provided to the Commission under this section is not to            20
             include personal information within the meaning of the Health Records          21
             and Information Privacy Act 2002.                                              22

17    Provisions relating to reports                                                        23

      (1)    A copy of a report provided to the Presiding Officer of a House of             24
             Parliament under this Act must be laid before that House within                25
             15 sitting days of that House after it is received by the Presiding Officer.   26

      (2)    If a report includes a recommendation by the Commission that the               27
             report be made public immediately, the Presiding Officer of a House of         28
             Parliament may make it public whether or not that House is in session          29
             and whether or not the report has been laid before that House.                 30

      (3)    A report that is made public by the Presiding Officer of a House of            31
             Parliament before it is laid before that House attracts the same               32
             privileges and immunities as it would if it had been laid before that          33
             House.                                                                         34

      (4)    A Presiding Officer need not inquire whether all or any conditions             35
             precedent have been satisfied in relation to a report purporting to have       36
             been provided to the Presiding Officer in accordance with this Act.            37




                                                                                Page 9
Clause 18         Mental Health Commission Bill 2011

Part 4            Miscellaneous




18       Personal liability                                                                  1
               A matter or thing done or omitted to be done by the Commission, the           2
               Commissioner, a Deputy Commissioner, a member of the Mental                   3
               Health Community Advisory Council or a person acting under the                4
               direction of the Commission or a Council member does not, if the              5
               matter or thing was done or omitted to be done in good faith for the          6
               purpose of executing this Act, subject the Commissioner, the Deputy           7
               Commissioner, the member or the person so acting personally to any            8
               action, liability, claim or demand.                                           9

19       Regulations                                                                        10

               The Governor may make regulations, not inconsistent with this Act, for       11
               or with respect to any matter that by this Act is required or permitted to   12
               be prescribed or that is necessary or convenient to be prescribed for        13
               carrying out or giving effect to this Act.                                   14

20       Review of Commission and Act                                                       15

         (1)   As soon as possible after the period of 5 years from the commencement        16
               of this Act, the Minister is to undertake the following reviews:             17
               (a) a review of the work of the Commission taking into account the           18
                      functions of the Commission and the principles governing the          19
                      work of the Commission,                                               20
               (b) a review of this Act to determine whether the policy objectives of       21
                      the Act remain valid and whether the terms of the Act remain          22
                      appropriate for securing those objectives.                            23

         (2)   The Minister is to undertake a further review of the work of the             24
               Commission at least once every 5 years after the first review.               25

         (3)   A report on the outcome of a review under this section is to be tabled in    26
               each House of Parliament within 12 months after the end of the relevant      27
               5-year period.                                                               28




Page 10
Mental Health Commission Bill 2011

Provisions relating to Commissioner and Deputy Commissioners               Schedule 1




Schedule 1             Provisions relating to Commissioner and                                1
                       Deputy Commissioners                                                   2

  1   Basis of offices                                                                        3

      (1)    The office of Commissioner is a full-time office.                                4

      (2)    The office of Deputy Commissioner may be a full-time or part-time                5
             office.                                                                          6

      (3)    The holder of a full-time office is required to hold it on that basis, except    7
             to the extent permitted by the Minister.                                         8

  2   Remuneration                                                                            9

      (1)    The Commissioner and any full-time Deputy Commissioners are                     10
             entitled to be paid:                                                            11
             (a) remuneration in accordance with the Statutory and Other Offices             12
                    Remuneration Act 1975, and                                               13
             (b) allowances as the Minister may from time to time determine.                 14

      (2)    A part-time Deputy Commissioner is entitled to be paid such                     15
             remuneration and allowances as the Minister may from time to time               16
             determine.                                                                      17

  3   Acting Commissioner and Deputy Commissioners                                           18

      (1)    The Minister may appoint a person to act in the office of Commissioner          19
             or the office of Deputy Commissioner during the illness or absence of,          20
             or a vacancy in, that office.                                                   21

      (2)    A person, while acting in the office of Commissioner or Deputy                  22
             Commissioner, has all the functions of the Commissioner or Deputy               23
             Commissioner (as the case requires).                                            24

      (3)    The Minister may remove a person acting in the office of Commissioner           25
             or Deputy Commissioner from that office at any time.                            26

      (4)    A person acting in the office of Commissioner or Deputy Commissioner            27
             is entitled to be paid such remuneration and allowances as are                  28
             determined by the Minister from time to time.                                   29

  4   Vacancy in office                                                                      30

      (1)    The office of Commissioner or Deputy Commissioner becomes vacant                31
             if the holder:                                                                  32
              (a) dies, or                                                                   33
             (b) completes a term of office and is not re-appointed, or                      34




                                                                                Page 11
                   Mental Health Commission Bill 2011

Schedule 1         Provisions relating to Commissioner and Deputy Commissioners




             (c)      resigns the office by instrument in writing addressed to the          1
                      Governor, or                                                          2
             (d)      is removed from office by the Governor under this clause, or          3
             (e)      becomes bankrupt, applies to take the benefit of any law for the      4
                      relief of bankrupt or insolvent debtors, compounds with his or her    5
                      creditors or makes an assignment of his or her remuneration for       6
                      their benefit, or                                                     7
             (f)      is convicted in New South Wales of an offence that is punishable      8
                      by imprisonment for 12 months or more or is convicted outside         9
                      of New South Wales of an offence that, if committed in New           10
                      South Wales, would be an offence so punishable.                      11

      (2)    The Governor may remove the Commissioner or a Deputy                          12
             Commissioner for misbehaviour, incompetence or incapacity.                    13

 5    Filling of vacancy                                                                   14

             If the office of Commissioner or Deputy Commissioner becomes                  15
             vacant, a person is, subject to this Act, to be appointed to fill the         16
             vacancy.                                                                      17

 6    Effect of certain other Acts                                                         18

      (1)    Chapter 1A of the Public Sector Employment and Management Act                 19
             2002 does not apply to or in respect of the appointment of the                20
             Commissioner or a Deputy Commissioner.                                        21

      (2)    If by or under any Act provision is made:                                     22
              (a) requiring a person who is the holder of a specified office to            23
                    devote the whole of his or her time to the duties of that office, or   24
             (b) prohibiting the person from engaging in employment outside the            25
                    duties of that office,                                                 26
             the provision does not operate to disqualify the person from holding that     27
             office and also the office of Commissioner or Deputy Commissioner or          28
             from accepting and retaining any remuneration payable to the person           29
             under this Act as Commissioner or Deputy Commissioner.                        30




Page 12
Mental Health Commission Bill 2011

Savings, transitional and other provisions                                 Schedule 2




Schedule 2               Savings, transitional and other                                     1
                         provisions                                                          2


Part 1        General                                                                        3

  1    Regulations                                                                           4

       (1)    The regulations may contain provisions of a savings or transitional            5
              nature consequent on the enactment of the following Acts:                      6
              this Act                                                                       7

       (2)    Any such provision may, if the regulations so provide, take effect from        8
              the date of assent to the Act concerned or a later date.                       9

       (3)    To the extent to which any such provision takes effect from a date that       10
              is earlier than the date of its publication on the NSW legislation website,   11
              the provision does not operate so as:                                         12
               (a) to affect, in a manner prejudicial to any person (other than the         13
                      State or an authority of the State), the rights of that person        14
                      existing before the date of its publication, or                       15
              (b) to impose liabilities on any person (other than the State or an           16
                      authority of the State) in respect of anything done or omitted to     17
                      be done before the date of its publication.                           18




                                                                               Page 13
               Mental Health Commission Bill 2011

Schedule 3     Amendment of other legislation




Schedule 3           Amendment of other legislation                1


3.1 Public Finance and Audit Act 1983 No 152                       2

      Schedule 2 Statutory bodies                                  3

      Insert in alphabetical order:                                4
                    Mental Health Commission                       5

3.2 Statutory and Other Offices Remuneration Act 1975 (1976        6
    No 4)                                                          7

      Schedule 2 Public offices                                    8

      Insert at the end of Part 1 of the Schedule:                 9
                    Mental Health Commissioner                    10
                    Full-time Deputy Mental Health Commissioner   11




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