Attorney General of New South Wales v Cooper (Preliminary) [2024] NSWSC 1083

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Cooper (Preliminary) [2024] NSWSC 1083 Hearing dates: 5 August 2024 Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Common Law Before: Rigg J Decision: (1) Pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW): (a) The Court appoints two qualified psychiatrists, registered psychologists, or medical practitioners (or a combination of such persons), to conduct separate examinations of the Defendant and furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) The Court directs the Defendant to attend those examinations. (2) Pursuant to ss 130 and 131 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the Defendant is subject to an Interim Order for the extension of his status as a forensic patient, commencing on 4 September 2024, upon the expiry of the Defendant's limiting term, for a period of three months. (3) 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 in respect of 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. (4) The proceedings are listed in the High Risk Offenders Callover List on 5 September 2024, at 9:30am. Catchwords: MENTAL HEALTH — Forensic patient — Extension of status as forensic patient Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), ss 5, 13(1) Child Protection (Offenders Registration) Act 2000 (NSW), ss 3A, 17(1) Crimes Act 1914 (Cth), s 20BA Criminal Code (Cth), s 474.22(1). 474.22A(1) Mental Health Act 2007 (NSW), ss 4(1), 14 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 69, 121, 122, 126, 126(5), 127(2), 130, 131 Category: Procedural rulings Parties: Attorney General of New South Wales (Plaintiff) Raymond Cooper (Defendant) Representation: Counsel: S Love (Plaintiff) C Goodhand (Defendant)