Attorney General of New South Wales v HRM (No 2) [2016] NSWSC 751

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v HRM (No 2) [2016] NSWSC 751 Hearing dates: 6 June 2016 Decision date: 09 June 2016 Jurisdiction: Common Law Before: Button J Decision: (1) An order pursuant to cl 6(5) of Sch 1 of the Mental Health (Forensic Provisions) Act 1990 appointing two qualified psychiatrists, psychologists and/or registered medical practitioners (or any combination of such persons) to conduct separate examinations of HRM and to furnish reports to the Supreme Court on the results of those examinations, and directing HRM to attend those examinations. (2) An order pursuant to cl 10 of Sch 1 of the Mental Health (Forensic Provisions) Act 1990 that HRM be subject to an interim extension order commencing on 10 June 2016 for a period of 28 days. Catchwords: CIVIL – Mental Health (Forensic Provisions) Act 1990 (NSW) – application for medical examinations pursuant to cl 6(5) - application for interim extension order – use of pseudonym pursuant to s 162 of the Mental Health Act 2007 (NSW) Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW), s 162 Mental Health (Forensic Provisions) Act 1990 (NSW), Pt 5, ss 42, 47(1)(b), Sch 1, cll 2, 2(1)(a), 2(1)(b), 6, 6(5), 10 Cases Cited: Attorney General for the State of New South Wales v XY [2014] NSWCA 466 Attorney General of New South Wales v [HRM] [2016] NSWSC 158 Attorney-General of NSW v Doolan [2015] NSWSC 1773 Attorney-General of NSW v [HRM] (No 2) [2014] NSWSC 288 Attorney-General of New South Wales v TP by her tutor Jennifer Thompson [2015] NSWSC 1656 Attorney General of New South Wales v X [2013] NSWSC 1392; (2013) 235 A Crim R 17 Lynn v New South Wales [2016] NSWCA 57 NSW Minister for Mental Health v BB [2015] NSWSC 1418 Sarah White v Local Health Authority [2015] NSWSC 417 Category: Procedural and other rulings Parties: Attorney General of New South Wales (Plaintiff) HRM (Defendant) Representation: Counsel: G Wright (Plaintiff) S Kluss (Defendant)