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Question and Answer Tracking Details


Haylen, Jo to the Minister for Mental Health, Minister for Women, and Minister for Ageing
  1. What is the process by which a person is named as a next-of-kin when a patient is involuntarily admitted to hospital under the Mental Health Act 2007?
  2. Is the process different if a patient is voluntarily admitted?
  3. Is it possible for a family member to declare themselves the next-of-kin of a patient who has been voluntarily or involuntarily admitted to hospital?
  4. What avenues are available for family members to appeal a decision by a patient for them to not be listed as next-of-kin of the patient?
Answer -

(1) to (4) The phrase 'next-of-kin' is not used in the context of mental health in New South Wales.

Part 1 of Chapter 4 of the Mental Health Act 2007 outlines the rights of patients or detained persons and sets out the process for nominating a designated carer and principal care provider.

Question asked on 6 June 2018 (session 56-1) and printed in Questions & Answers Paper No. 188
Answer received on 11 July 2018 and printed in Questions & Answers Paper No. 193