Under the mental health Act 2007 a person assessed to be mentally ill of mentally disordered  may  issued a Schedule 1 certificate and be taken to a declared mental health facility, if needed, against their will for the purpose of a further assessment.

Declared mental health facilities are premises subject to an order in force under Section 109 of the Mental Health Act, by which they are declared by the Secretary of the Ministry of Health (and gazetted) to fulfil certain functions under  the Act.

Section 109 of the Act allows the Secretary of the Ministry of Health to:

  • describe the premises of a declared mental health facility
  • limit the provisions of the Act that apply to that facility and impose conditions on the facility and
  • designate classes of declared mental health facilities and place restrictions on those classes or on individual facilities.

There are three classes of declared mental health facility:

  1. a mental health emergency assessment class (to manage short term detention of people for initial assessment - all Emergency Departments fall in this class)
  2. a mental health assessment and inpatient treatment class (this enables the full range of inpatient functions under the Act, and includes Psychiatric Emergency Care Centres) and
  3. a community or “health care agency” class to administer community treatment orders.

A person who is the subject of a Schedule 1 certificate must be taken to a declared mental health facility of class a) or b) above.

PLEASE NOTE: DMHF listings on your website, the lists will be located at: http://www.health.nsw.gov.au/mhdao/Pages/legislation.aspx


  1. Mental Health Act Guide Book - coming soon
  2. NSW Health Information Bulletin -Amendments to the Mental Health Act 2007 - download
  3. The Mental Health Act 2007 may be viewed - here - http://www.legislation.nsw.gov.au/maintop/view/inforce/act+8+2007+cd+0+N
  4. Mental Health Act 2007 review: Discussion paper, December 2012 - download