Attorney General of New South Wales v Kereopa (No 3) [2017] NSWSC 929

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v Kereopa (No 3) [2017] NSWSC 929 Hearing dates: 3 July 2017 Decision date: 14 July 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: The application for a suppression order or a non-publication order is refused. Catchwords: COURT SUPPRESSION AND NON-PUBLICATION ORDERS ACT 2010 – application by forensic patient for non-publication order –bases on which order said to be necessary common to all applications for extension orders under the Mental Health (Forensic Provisions) Act 1990 – a serious mental illness and/or intellectual disability common to forensic patients – no non-publication provision in the Mental Health (Forensic Provisions) Act 1990 cf Mental Health Act 2007 and Guardianship Act 1987 – not the occasion to develop common law based on international convention – order not necessary – alternative remedy of restricting access to court file – application refused Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) ss 6, 7, 8, 10, 11, 12 Guardianship Act 1987 (NSW) s 101 Mental Health Act 2007 (NSW) ss 162, 189 Mental Health (Forensic Provisions) Act 1990 (NSW) Sch 1, cls 17, 17A Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Attorney General for the State of New South Wales v Boyce (No 2) [2017] NSWSC 648 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of NSW v Huckstadt (No 2) [2017] NSWSC 595 Minister for Mental Health v Paciocco [2017] NSWSC 4 Regina v Togias [2001] NSWCCA 522; 127 A Crim R 23 Rinehart v Welker [2011] NSWCA 403 State of New South Wales v Burns [2014] NSWSC 1014 Texts Cited: United Nations Convention on the Rights of Persons with Disabilities, Art 22 Category: Procedural and other rulings Parties: Attorney General of New South Wales (Respondent) Teahu Kereopa by his tutor Keith Gerard Plunkett (Applicant) Representation: Counsel: Ms S Callan with Ms A Rose (Respondent) Ms C Goodhand (Applicant)