Secretary, New South Wales Ministry of Health v W [2020] NSWCA 212

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Secretary, New South Wales Ministry of Health v W [2020] NSWCA 212 Hearing dates: 24 August 2020 Date of orders: 9 September 2020 Decision date: 09 September 2020 Before: Macfarlan JA at [1] Meagher JA at [2] Simpson AJA at [3] Decision: Declare that the Mental Health Review Tribunal does not have power in a review under s 38(4) of the Mental Health Act 2007 (NSW) to order the transfer of an involuntary patient from one mental health facility to another mental health facility, either generally or so as to effect a transfer from one level of security facility to a lesser level of security facility Catchwords: STATUTORY INTERPRETATION — jurisdiction – Mental Health Review Tribunal – Mental Health Act 2007 (NSW), s 38(4) – statutory construction – whether Mental Health Review Tribunal has power to order the transfer of an involuntary patient from one mental health facility to another mental health facility, either generally or so as to effect a transfer from one level of security facility to a lesser level of security facility Legislation Cited: Court Suppression and Non-Publication Order Act 2010 (NSW), s 8(1)(e) Crimes (Administration of Sentences) Act 1999 (NSW), ss 130(1)(b), 158 Mental Health Act 2007 (NSW), ss 3, 4, 12, 13, 14, 19, 20, 22, 23, 24, 25, 26, 27, 34, 35, 37, 38, 68, 80, 84, 109, 162(1) Mental Health (Forensic Provisions) Act 1990 (NSW), ss 33, 41, 42, 64, 54 Supreme Court 1970 (NSW), s 69 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Attorney General for New South Wales v Melco Resorts and Entertainment Limited [2020] NSWCA 40 Commissioner of Taxation of the Commonwealth of Australia v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55 The Queen v A2; The Queen v Magennis; The Queen v Vaziri [2019] HCA 35; (2019) 93 ALJR 1106 Category: Principal judgment Parties: Secretary, NSW Ministry of Health (Applicant) W (First Respondent) Mental Health Review Tribunal of New South Wales (Second Respondent) Representation: Counsel: J Emmett (Applicant) G Wright (Respondent)