Terms of reference

Background

• The Minister for Mental Health (Minister), the Hon Rose Jackson, has commenced a review of the Mental Health Commission of NSW (Commission), pursuant to section 20 of the Mental Health Commission Act 2012 (NSW) (Act).
• The Commission's purpose is to monitor, review and improve the mental health and wellbeing of the people of NSW (section 3).
• The Act (section 20) requires a review of the Commission be undertaken at least once every 5 years after the first review, which was completed in 2018.
• The review will report to the Minister, and be tabled in Parliament, as required by the Act.
• This review meets the statutory requirements under section 20 of the Act.

Purpose

• The review will:
• Examine and assess the work of the Commission, taking into account its functions and the principles governing its work, and make recommendations for functional improvement, if required, taking into account the enabling power of the Act
• Review the policy objectives of the Act to determine whether they remain valid, and whether the terms of the Act remain appropriate for securing those objectives.

Terms of the review

Part A – Review of the work of the Commission

To review the work of the Commission, taking into account its functions and the principles governing its work, in relation to each of the elements set out below.

1. The extent to which the Commission has met its functions as outlined in section 12(1) of the Act.
2. In exercising its functions, the extent to which the Commission has:
1. Focused on systemic mental health issues
2. Taken into account the other specific requirements of section 12(2) of the Act.
3. The extent to which the Commission has exercised its functions having regard to the governing principles as outlined in section 3A of the Act.

Part B – Future state recommendations

To make recommendations for the future state of the Commission.

1. To consider any necessary functional improvements, or potential changes, to the Commission, and make recommendations regarding the future state of the Commission, including:
1. The purpose and role of the Commission
2. The functions and powers of the Commission
3. The principles governing the work of the Commission
4. The priorities for the Commission's work
5. The governance structure of the Commission
6. Whether the model for the Commission as established under the Act is appropriate for its whole-of-government role and remit, or whether an alternative model would allow the Commission to be more effective
7. Whether the Commission should work differently with other state and national commissions
8. Any other matters relating to the function and performance of the Commission the reviewers feel are pertinent to raise consistent with the intent of the statutory review.

Part C – Review of the Act 

To review the Act in order to assess the validity of its policy objectives, and whether its terms remain appropriate for securing those objectives, in the context of the work of the Commission.

1. To consider the suitability of the objectives and terms of the Act, including:
1. Whether the policy objectives set out in section 3 remain valid:
1. To promote the governing principles
2. To require the Commission and government agencies in mental health to work cooperatively in the exercise of their respective functions
2. Whether the objectives set out in section 3 should be amended
3. Whether the terms of the Act remain appropriate for securing the objectives
4. Whether it is necessary to make any amendments to the Act, in particular:
1. Whether section 12 gives the Commission the functions and powers it requires to develop and implement an effective whole-of-government approach to improving mental health in NSW
2. Whether section 3A appropriately sets out the guiding principles for the Commission
3. Whether section 10 adequately provides for the appropriate level of competency of the Commission's workforce, to enable it to fulfill its purpose
5. Whether the Act should be repealed.

Governance

The review will be undertaken by Dr Richard Matthews AM and Mr David McGrath, reporting to the Minister.

Methodology

The methodology for the review will include:

• A desktop review and analysis of the Commission's work
• A call for written submissions, and analysis of all submissions received
• Stakeholder consultations, and interviews with key stakeholders
• Reporting.

Timeframe

The report on the Review will be submitted to the Minister by 31 August 2024.