Section 32 Is Now Section 14: Mental Health Applications in NSW
Updated: Oct 12
Since 27 March 2021, what most people still call a "section 32 application" is made under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). If you have a mental health impairment or a cognitive impairment, a Local Court magistrate can dismiss your charge and discharge you, with or without conditions, instead of dealing with it in the usual way. A section 14 dismissal is not a finding that the charge is proven.
Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 8 October 2026
What happened to section 32 applications?
The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) commenced on 27 March 2021 and replaced the Mental Health (Forensic Provisions) Act 1990 (NSW), including its section 32. Applications to the Local Court are now made under Part 2, Division 2 of the 2020 Act, and the orders are made under section 14. The court can still take into account whether you have previously had an order under the old section 32 (s 15(f)).
Which charges can be dealt with under section 14?
Section 14 applies in the Local Court to summary offences, to indictable offences being dealt with summarily, and to related bail proceedings. It does not apply to committal proceedings (s 8). The magistrate can make an order at the start of the case or at any other time, whether or not you have entered a plea (s 9).
What is a mental health impairment?
Under section 4 of the Act, you have a mental health impairment if you have a temporary or ongoing disturbance of thought, mood, volition, perception or memory that would be regarded as significant for clinical diagnostic purposes, and that impairs your emotional wellbeing, judgment or behaviour. It may arise from, for example:
an anxiety disorder;
an affective disorder, including clinical depression and bipolar disorder;
a psychotic disorder; or
a substance induced mental disorder that is not temporary.
An impairment caused solely by the temporary effect of taking a substance, or by a substance use disorder, does not count (s 4(3)).
What is a cognitive impairment?
You have a cognitive impairment if you have an ongoing impairment in adaptive functioning and an ongoing impairment in comprehension, reason, judgment, learning or memory, resulting from damage to, or dysfunction, developmental delay or deterioration of, the brain or mind (s 5(1)). It may arise from intellectual disability, borderline intellectual functioning, dementia, an acquired brain injury, drug or alcohol related brain damage (including foetal alcohol spectrum disorder) or autism spectrum disorder (s 5(2)).
How does the magistrate decide a section 14 application?
The magistrate must be satisfied that it appears you have (or had at the time of the alleged offence) a mental health impairment or cognitive impairment, and that, on an outline of the facts or other relevant evidence, it would be more appropriate to deal with you under this part of the Act than otherwise in accordance with law (s 12(1)–(2)). In deciding that, the magistrate may consider (s 15):
the nature of your apparent impairment;
the nature, seriousness and circumstances of the alleged offence;
the suitability of the sentencing options if you were found guilty;
relevant changes in your circumstances since the alleged offence;
your criminal history, and any previous order under this Act or the old section 32;
whether a treatment or support plan has been prepared, and what it says;
whether you are likely to endanger yourself, a victim or any other member of the public; and
other relevant factors.
The court can adjourn the case so you can be assessed or diagnosed, so a treatment or support plan can be developed, or so a responsible person can be identified (s 13). Different provisions apply to a person who is a "mentally ill person" or "mentally disordered person" (s 12(3)).
What orders can the court make under section 14?
The magistrate may dismiss the charge and discharge you (s 14(1)):
into the care of a responsible person, unconditionally or subject to conditions;
on the condition that you attend on a person or at a place for assessment, treatment or support for your impairment; or
unconditionally.
An order dismissing the charge is not a finding that the charge is proven or otherwise (s 14(2)).
What happens if I do not follow the conditions?
If the magistrate suspects you have not complied with a condition, the court may, within 12 months of the order, call you back to court, and may issue a warrant if you do not appear (s 16(1)–(3)). If you fail to comply with a condition within 12 months of the discharge, the magistrate may deal with the charge as if you had not been discharged (s 16(4)). Your treatment provider may report a failure to comply (s 17).
What evidence do I need for a section 14 application?
A strong application usually includes a report from a psychiatrist or psychologist that explains your impairment and its connection to your circumstances, and a treatment or support plan setting out the programs, services or treatment you will follow (s 7). We brief the right expert, prepare the application and present it to the magistrate.
How much does a section 14 application cost?
Our fixed fee, covering briefing a psychiatrist or psychologist, the initial court date, all preparation and the hearing date, starts from $5,500 incl. GST for Sydney City and all suburbs, and from $6,600 incl. GST plus travel disbursements if required outside Sydney. Some applications are more complex, and we will quote a fixed fee for your case. Our fixed fees apply to criminal and traffic law matters only. They are solicitor fees only and do not include Counsel (barrister) fees or any other disbursements, and we issue a costs agreement before we commence any work. Learn more about our criminal law services.
Speak to a Sydney criminal lawyer about a section 14 application
Call our office on 02 8553 0500, or our 24/7 urgent line on 0410 600 230 if you have court tomorrow. You can also book a consultation online.
This article is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.
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