Attorney General for the State of New South Wales v Huckstadt (No 3) [2017] NSWSC 944

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for the State of New South Wales v Huckstadt (No 3) [2017] NSWSC 944 Hearing dates: 11 July 2017 Date of orders: 17 July 2017 Decision date: 17 July 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Order that Mr Huckstadt's limiting term be extended for a period of 18 months from today. The order will accordingly expire on 16 January 2019. Catchwords: MENTAL HEALTH – final hearing – Mental Health (Forensic Provisions) Act 1990 (NSW) - extension order sought for a period of two years – whether plaintiff poses an unacceptable risk of causing serious harm to others, if he ceases being a forensic patient - whether any risk can be adequately managed by other less restrictive means – length of limiting term –functions of guardians – differences between the powers of the Mental Health Review Tribunal and guardians appointed under the Guardianship Act 1987 (NSW) Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Guardianship Act 1987 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Huckstadt [2017] NSWSC 441 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Sarah White v The Local Health Authority & Anor [2015] NSWSC 417 Tillman v Attorney-General for the State of New South Wales (2007) 70 NSWLR 448; [2007] NSWCA 327 TSL v Secretary to the Department of Justice (2006) 166 A Crim R 69; [2006] VSCA 199 Category: Principal judgment Parties: Attorney General for the State of New South Wales (Plaintiff) Allan James Huckstadt by his tutor Keith Gerard Plunkett (Defendant) Representation: Counsel: Ms G Wright (Plaintiff) Ms C Goodhand (Defendant)