A review is being undertaken to critically assess the role and functions of the Mental Health Commission of New South Wales, the effectiveness of the work it has undertaken in the period from 2018 to date, as well as its legislative framework, and to recommend any potential improvements to ensure the best mental health outcomes for the people of New South Wales. The review must canvass all options, exploring all potential recommendations for the future state of the Commission, and encourages diverse perspectives, evidence-based insights, and innovative ideas.

This discussion paper has been prepared to guide consultations and submissions throughout the review process. It provides a brief background of the Commission, and:

• Details the terms of reference for the review
• Outlines the current objects, functions, and governing principles of the Commission
• Outlines the relevant legislative provisions of the Mental Health Commission Act 2012 (NSW)
• Details the recommendations from the 2017 Review
• Details the Commission’s notable achievements since 2018
• Sets out seven key discussion topics, each with consultation questions, to guide the consultation process and the submissions to be made as part of this review.

The review is being undertaken by independent consultants, David McGrath and Dr Richard Matthews, who will co-author the final report canvassing options for improvement, if required, and making recommendations in respect of both the Commission and the Act.