Attorney General for the State of New South Wales v XY [2014] NSWCA 466

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Attorney General for the State of New South Wales v XY [2014] NSWCA 466 Hearing dates: 5 December 2014 Decision date: 24 December 2014 Before: Beazley P at [1]; McColl JA at [111]; Basten JA at [120] Decision: (1) Affirm the decision of the Mental Health Review Tribunal delivered on 10 September 2014. (2) Otherwise dismiss the appeal. (3) Order that the Attorney pay the respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: MENTAL HEALTH - forensic patient - release - order for unconditional release upon transfer to a medium security mental health unit in Queensland - test of serious endangerment of public - whether care of a less restrictive kind available upon release - Mental Health (Forensic Provisions) Act 1990 (NSW), s 43(a) and (b), s 47

MENTAL HEALTH - forensic patient - transfer - whether transfer of a forensic patient permitted under a corresponding law of Queensland - transferee ceasing to be forensic patient in New South Wales - Mental Health Act 2007 (NSW), s 176

STATUTORY INTERPRETATION - resolving inconsistency between provisions in a single statute - provisions introduced contemporaneously - reading statute as a whole - giving each provision work to do - Mental Health (Forensic Provisions) Act 1990 (NSW), s 43, s 47(3)