S v South Eastern Sydney & Illawarra Area Health Service and anor [2010] NSWSC 178

New South Wales Supreme Court

CITATION : S v South Eastern Sydney & Illawarra Area Health Service and anor [2010] NSWSC 178

HEARING DATE(S) : 27 November 2009 Orders made 16 December 2009

JUDGMENT DATE : 12 March 2010

JURISDICTION : Equity Division Protective List

JUDGMENT OF : Brereton J

DECISION : Although some community treatment order was appropriate and necessary, the particular community treatment order made was not the least restrictive alternative consistent with safe and effective care. Appeal allowed, and community treatment order set aside.

CATCHWORDS : MENTAL HEALTH – community treatment order – depot anti-psychotic by IMI - appeal from decision of Mental Health Review Tribunal – nature of appeal – hearing de novo – whether plaintiff likely to relapse into active mental illness order not granted – where plaintiff likely to become non-compliant and relapse if no order made, but likely to comply with alternative less restrictive order - whether no other care of less restrictive kind consistent with safe and effective care is appropriate and reasonably available, and that plaintiff would benefit from order as least restrictive alternative consistent with safe and effective care – where less restrictive alternative appropriate and reasonably available and consistent with safe and effective care though perhaps not optimal

LEGISLATION CITED : (NSW) Mental Health Act 1990, s 24 (NSW) Mental Health Act 2007, Part 3, Division 1, s 51

CATEGORY : Principal judgment

S (plaintiff) PARTIES : South Eastern Sydney & Illawarra Area Health Service (first defendant) Mental Health Review Tribunal (second defendant)