Court document · Criminal Law

Application under s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Outline of an application in the NSW Local Court to dismiss charges and discharge a defendant with a mental health or cognitive impairment, built on ss 12–15 and a clinician's treatment or support plan.

Kind
Court document. A document filed or served in a court or tribunal.
Where it applies
New South Wales
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use in summary proceedings, or for indictable offences being dealt with summarily, in the Local Court where the defendant has, or had at the time, a mental health impairment or cognitive impairment. Not for committal proceedings or where the defendant is a mentally ill or mentally disordered person (Div 3).

How AI may be used

Lawyer-led. AI may help index clinical reports and check the draft for gaps against s 15, but diagnosis and the treatment or support plan come from the clinicians, and health information stays out of consumer tools.

AI may

  • Index the reports and records the lawyer holds, with page references, in a firm-approved tool with no training on inputs.
  • Check the draft submissions against each s 15 consideration and list any with no supporting document.
  • Draft the cover letter to the treating clinician requesting a treatment or support plan, for the lawyer to settle.

AI must not

  • Must not enter health records, reports or the client's instructions into a consumer AI tool.
  • Must not restate, interpret or summarise a diagnosis as fact in the submissions; quote the clinician.
  • Must not draft any part of an expert report or treatment plan.

The lawyer checks

  • The report addresses the s 4 or s 5 definition and the link to the alleged offending.
  • The treatment or support plan is current, signed and names the provider and a responsible person if needed.
  • The expert was told of SC Gen 23 (para 24) and the report does not rely on Gen AI without leave.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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