---
title: "Application under s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)"
url: "https://ailawframework.com/precedents/criminal-law/s14-mental-health-application"
type: "precedent"
site: "AI Law Framework"
id: "a20-s14-mental-health-application"
area_id: "A20"
kind: "court-document"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/criminal-law/s14-mental-health-application  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Criminal Law](https://ailawframework.com/precedents/criminal-law.md)
- Jurisdictions: New South Wales
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 3 authorities it cites, for New South Wales.

## 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.

## Authorities

- [Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 5 (mental health impairment; cognitive impairment)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2020-012#sec.4)
- [Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 7–17 (Pt 2, summary proceedings)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2020-012#sec.14)
- [Supreme Court of NSW Practice Note SC Gen 23 paras 20–24 (expert reports), adopted by the Local Court from 12 January 2026](https://localcourt.nsw.gov.au/documents/practice-notes/other/Practice_Note_Generative_Artificial_Intelligence_Commences_12.01.26.pdf)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/criminal-law/s14-mental-health-application and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*