In New South Wales, a Section 32 application is a legal process that allows a person charged with a criminal or traffic offence to have their matter diverted away from the criminal justice system if they are suffering from a mental health condition or cognitive impairment. Instead of a traditional conviction or sentence, the court may dismiss the charges and deal with the individual under a treatment plan. This article explains how Section 32 works, who is eligible, and how Nichole Orr from Orr Legal can help you prepare and present your application.

What Is a Section 32 Application?

A Section 32 application refers to Section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW). It gives a magistrate the power to dismiss charges if the accused is suffering from a mental health condition or intellectual disability, and if appropriate treatment can be provided in the community.

The aim of Section 32 is to divert individuals out of the criminal system and into treatment, where their needs can be better managed, and the risk of reoffending reduced.

Who Can Apply Under Section 32?

You may be eligible to make a Section 32 application if:

  • You are charged with a summary offence or certain indictable offences being dealt with in the Local Court
  • You have a mental health condition, intellectual disability, or cognitive impairment
  • A qualified medical or mental health practitioner has assessed you and prepared a treatment plan
  • The court is satisfied that it is more appropriate to deal with you under Section 32 than to impose a criminal penalty

Common conditions that may support a Section 32 application include anxiety disorders, depression, PTSD, schizophrenia, bipolar disorder, autism spectrum disorders, or acquired brain injuries.

How Does the Court Decide?

The magistrate has a discretion to grant or refuse a Section 32 application. In making a decision, the court will consider:

  • The seriousness of the offence
  • The nature and extent of the mental health condition
  • The strength of the proposed treatment plan
  • The risk of future offending
  • Whether the community is better protected through treatment than punishment

The court must be satisfied that the proposed plan is realistic and that the individual will engage with the support services outlined.

What Happens If a Section 32 Is Granted?

If the court grants the application:

  • The charge is dismissed
  • You are not convicted or sentenced
  • You must comply with the treatment plan, which may involve regular appointments with a psychologist, psychiatrist, GP, or support service
  • No criminal record is recorded for the offence

If the conditions are not followed, the court may revoke the order and reinstate the original charges.

What If the Application Is Refused?

If the magistrate refuses the application, the matter will proceed in the usual way. You may be convicted, fined, or sentenced, depending on the circumstances of the case and your plea. However, the court may still take your mental health condition into account when determining the penalty.

How Is a Section 32 Application Prepared?

A successful application requires strong evidence. This includes:

  • A detailed report from a psychologist or psychiatrist
  • A clear treatment plan outlining how the condition will be managed
  • Supporting letters from treating practitioners or services
  • Submissions from your lawyer explaining why the application is appropriate

The preparation and presentation of this material is crucial. A poorly prepared application is unlikely to succeed.

Why Choose Nichole Orr from Orr Legal?

Section 32 applications require legal skill and a deep understanding of both criminal law and mental health legislation. Nichole Orr has extensive experience preparing successful diversion applications and works closely with medical professionals to ensure each case is supported by strong evidence.

Orr Legal can assist with:

  • Referring you for an appropriate psychological assessment
  • Coordinating a suitable treatment plan
  • Drafting submissions to the court
  • Representing you at the Section 32 hearing
  • Advising you on alternatives if Section 32 is not appropriate

If you or a loved one is facing charges and suffers from a mental health condition, contact Orr Legal today for professional advice on whether a Section 32 application is the right option.