State of New South Wales v Rush [2022] NSWSC 608

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Rush [2022] NSWSC 608 Hearing dates: 09 May 2022 Date of orders: 09 May 2022 Decision date: 09 May 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) An order pursuant to section 7(4) of the Crimes (High Risk Offenders) Act 2006 (the Act): (a) appointing two qualified psychiatrists or psychologists (or combination of such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) directing the defendant to attend those examinations as and when required. (2) An order: (a) pursuant to section 10A of the Act that the defendant be subject to an interim supervision order; (b) pursuant to section 10C(1) of the Act, that the interim supervision order be for a period of 28 days commencing at midnight on 18 May 2022; and (c) pursuant to section 11 of the Act, directing that the defendant, for the period of the interim supervision order, comply with the conditions set out in the schedule to this judgment. (3) An order that access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, if any application for access is made by a non-party for any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access. Catchwords: CIVIL LAW – high risk sex offender – interim supervision order – dispute as to conditions – assessment of risk – disturbing offences against children – condition regarding schedule of movements – "roadway line in front of the choo choo train" – no question of principle Legislation Cited: Child Protection (Offenders Registration) Act 2002 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5I, 7(3), 10A Cases Cited: R v Rush [2000] NSWCCA 134 R v Rush [2009] NSWDC 325 State of New South Wales v Rush (Final) [2019] NSWSC 582 State of New South Wales v Rush (Preliminary) [2018] NSWSC 1949 State of New South Wales v Rush (Preliminary No 2) [2019] NSWSC 417 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Shayne Rush (Defendant) Representation: Counsel: S Climo (Plaintiff) Z Alderton (Defendant)