Minister for Mental Health v Paciocco [2017] NSWSC 4

Supreme Court New South Wales

Medium Neutral Citation: Minister for Mental Health v Paciocco [2017] NSWSC 4 Hearing dates: 15 December 2016 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 54A Mental Health (Forensic Provisions) Act 1990 the Court makes an extension order in respect of Steven Mark Paciocco commencing on 17 January 2017 and expiring on 16 March 2018;

(2) These reasons, the transcript of evidence and the reports of the various experts given in evidence may be released and made available to the Mental Health Review Tribunal and clinicians responsible for providing treatment to Mr Paciocco for their information and use. Catchwords: MENTAL HEALTH – forensic patient - Mental Health (Forensic Provisions) Act 1990 - whether final order should be made to extend status as a forensic patient - whether unacceptable risk of causing serious harm to others - whether less restrictive means available – whether (involuntary) civil patient status under Mental Health Act 2007 would adequately manage risk – extension order made

PRACTICE AND PROCEDURE – application for anonymisation of the defendant's name - s 162 Mental Health Act 2007 does not apply to proceedings – no order made Legislation Cited: Crimes Act 1900 (NSW) ss 35, 58 Mental Health Act 2007 (NSW) ss 38, 162 Mental Health (Forensic Provisions) Act 1990 (NSW), s 54A, Sch 1 Cases Cited: Attorney General of New South Wales v Doolan [2015] NSWSC 177 Attorney General of New South Wales v Doolan (No 2) [2016] NSWSC 107 Attorney General for the State of New South Wales v XY [2014] NSWCA 466 New South Wales Minister for Health v BB [2015] NSWSC 1418 Sara White v Local Health Authority [2015] NSWSC 417 Category: Principal judgment Parties: Minister for Health (Applicant) Steven Paciocco (Defendant) Representation: Counsel: S A Beckett (Plaintiff) S Kluss (Defendant)