Z v Mental Health Review Tribunal [2015] NSWCA 373

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Z v Mental Health Review Tribunal [2015] NSWCA 373 Hearing dates: 20 November 2015 Decision date: 01 December 2015 Before: Basten JA at [1]; Bergin CJ in Eq at [43]; Emmett AJA at [171] Decision: (1) Grant the applicant leave to appeal from the judgment in the Equity Division given on 28 September 2015.

(2) Allow the appeal and set aside the order dismissing the appeal under s 163 of the Mental Health Act 2007 (NSW).

(3) Remit the matter to the Equity Division.

(4) Pursuant to the Court Suppression and Non-publication Orders Act 2010, prohibit the disclosure of information tending to reveal the identity of the applicant, including by disclosure of information which might indirectly lead others to identify the applicant. Catchwords: MENTAL HEALTH – community treatment order – application granted by Mental Health Review Tribunal – appeal to primary judge under s 163 of the Mental Health Act 2007 – whether primary judge conducted a de novo hearing to decide whether community treatment order should be made – whether primary judge made required findings under the Act Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8 Mental Health Act 1990 Mental Health Act 2007 (NSW), ss 4, 12-16, 19, 27, 35, 47, 51, 52, 53, 54, 150, 162, 163, 164; Ch 3, Pt 1 Supreme Court Act 1970 (NSW), ss 75A, 101 Cases Cited: Burnett v Mental Health Tribunal [1997] ACTSC 94 Harry v Mental Health Review Tribunal (1994) 33 NSWLR 315 Maviglia v Maviglia [1999] NSWCA 188 McD v McD [1983] 3 NSWLR 81 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Re S-C [1996] 1 All ER 532 Wyman on behalf of the Bidjara People v State of Queensland [2015] FCAFC 108 Texts Cited: National Judicial College of Australia, Oral Decisions – Delivering Clear Reasons, (August 2011) Category: Principal judgment Parties: Z (Appellant) Mental Health Review Tribunal (1st Respondent) Attorney-General of New South Wales (2nd Respondent) Northern Sydney Local Health District (3rd Respondent) Representation: Counsel: Z (in person) K Richardson (2nd and 3rd Respondents)