S32 Step By Step Guide
Mental illness
Section 32(1)(a)(ii): people suffering from mental illness
The MHFPA distinguishes between people suffering from a mental illness and a mentally ill person. Section 32 is not available to a mentally ill person. The definition of mentally ill person uder the MHFPA has the same meaning as the term is given in the Mental Health Act 2007 (NSW), which is as follows.
People with mental illness, provided they do not fall within the definition of a mentally ill person under section 14 of the Mental Health Act 2007 (NSW), fall within the ambit of section 32.
Applications for people with mental illness are not specifically covered in this guide.