Sarah White v The Local Health Authority & Anor [2015] NSWSC 417

Supreme Court New South Wales

Medium Neutral Citation: Sarah White v The Local Health Authority & Anor [2015] NSWSC 417 Hearing dates: 13 March 2015 Date of orders: 13 April 2015 Decision date: 13 April 2015 Jurisdiction: Common Law Before: Slattery J Decision: Plaintiff released from detention in mental health facility. Catchwords: MENTAL HEALTH – habeas corpus application -- operation of Guardianship Act 1987 and Mental Health Act 2007 -- whether applicant voluntarily admitted to a mental health facility under Mental Health Act 2007 can be detained within that facility against her will – where Mental Health Review Tribunal had ordered the discharge of person – whether Public Guardian's decision could displace plaintiff's decision regarding her accommodation – whether Public Guardian submitted valid Mental Health Act s 7(1) request for the plaintiff to be voluntarily admitted into a mental health facility --applicant released.

WORDS AND PHRASES -- "admitted to a mental health facility" Legislation Cited: Guardianship Act 1987, ss 3, 3C, 4, 8, 9, 12, 14, 16, 17, 18, 19, 21, 21A, 21B, 21C, 25C, 77 Mental Health Act 2007, ss 3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 15, 18, 84, 109, 162, 163, 164, 166 Mental Health (Forensic Provisions) Act 1990 Supreme Court Act 1970, s 61 Cases Cited: Arthur Yates & Co Pty Ltd v The Vegetable Seeds Committee (1945) 72 CLR 37 Antunovic v Dawson (2010) 30 VR 355 Ruddick v Vadarlis [2001] 110 FCR 491 Category: Consequential orders (other than Costs) Parties: Plaintiff: Sarah White First Defendant: The Local Health Authority Second Defendant: NSW Public Guardian Representation: Counsel: Plaintiff: Kennett SC; J. Gatland First Defendant: S. Woods Second Defendant: N. Sharp File Number(s): 2015/62353 Publication restriction: No