A Section 14 Order is a mental health diversion order available in the Local Court of New South Wales. It allows a magistrate to dismiss criminal charges and discharge a person into treatment if they are suffering from a mental health condition or cognitive impairment. Section 14 replaced the former Section 32 provisions and is now governed by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). This article explains how Section 14 works, who is eligible, and how Nichole Orr from Orr Legal can assist.

What Is a Section 14 Order?

Under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a court may dismiss charges against an accused person if it is satisfied that:

  • The person has a mental health impairment or cognitive impairment
  • It is more appropriate to deal with them under the Act than according to the usual criminal process

If granted, the person is discharged into a treatment or support plan instead of being convicted and sentenced.

The purpose of Section 14 is to divert individuals away from the criminal justice system and into appropriate care, reducing the likelihood of further offending and supporting rehabilitation.

Who Is Eligible for a Section 14 Order?

A person may be eligible if they are charged with an offence in the Local Court and suffer from a recognised condition such as:

  • Depression or anxiety disorders
  • Post-traumatic stress disorder
  • Schizophrenia or other psychotic disorders
  • Bipolar disorder
  • Autism spectrum disorder
  • Intellectual disability
  • Acquired brain injury

The court requires medical evidence confirming the condition and outlining a proposed treatment plan.

What Does the Court Consider?

The magistrate has discretion in deciding whether to grant a Section 14 Order. The court will consider:

  • The seriousness of the offence
  • The connection between the impairment and the offending behaviour
  • The suitability and strength of the treatment plan
  • The risk to the community
  • Whether diversion is more appropriate than punishment

The stronger and more structured the treatment plan, the more likely the application will succeed.

What Happens If a Section 14 Order Is Granted?

If the court grants the order:

  • The charge is dismissed
  • No conviction is recorded
  • The person must comply with the treatment plan for a specified period
  • The matter is finalised without a criminal penalty

If the person fails to comply with the treatment plan, the court may revoke the order and reinstate the original charges.

What If the Application Is Refused?

If the application is unsuccessful, the matter proceeds in the normal way. The court will then determine guilt and, if applicable, sentence the offender. However, the existence of a mental health condition may still be relevant in mitigation during sentencing.

How Is a Section 14 Application Prepared?

A successful application requires careful preparation. This typically involves:

  • Obtaining a detailed psychological or psychiatric report
  • Developing a structured treatment plan
  • Gathering supporting medical records
  • Preparing legal submissions explaining why diversion is appropriate

Timing and presentation are critical. Courts are unlikely to grant an application without clear, well-prepared supporting material.

Why Choose Nichole Orr from Orr Legal?

Mental health diversion applications require both legal knowledge and a sensitive understanding of the client’s circumstances. Nichole Orr has experience preparing and presenting Section 14 applications and works closely with medical professionals to ensure applications are properly supported.

Orr Legal can assist with:

  • Assessing whether Section 14 is appropriate in your case
  • Referring you to qualified mental health professionals
  • Coordinating treatment plans
  • Preparing persuasive court submissions
  • Representing you at the hearing

If you or a loved one is facing charges and may qualify for a Section 14 Order, early legal advice is essential. Contact Orr Legal today to discuss your options.