Minister for Mental Health v A [2017] NSWCA 288

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Minister for Mental Health v A [2017] NSWCA 288 Hearing dates: 27 September 2017 Decision date: 10 November 2017 Before: Beazley ACJ at [1]; White JA at [161]; Sackville AJA at [163] Decision: (1) Remove the Mental Health Review Tribunal as a party to the appeal;

(2) Dismiss the appeals against the determinations made by the Mental Health Review Tribunal on 15 December 2016, 3 February 2017 and 21 June 2017;

(3) The appellant to pay the respondent's costs in this Court. Catchwords: MENTAL HEALTH – determination by Mental Health Tribunal to grant conditional release of forensic patient – whether Tribunal misapplied ss 43(a) and (b) of the Mental Health (Forensic Provisions) Act 1990 (NSW)

PROCEDURE – whether Tribunal failed to set out reasons for determination – no express obligation to give reasons – obligation implicit in construction of s 77A – reasons adequate in this case

PROCEDURE – whether Minister entitled to adduce fresh evidence on appeal by way of rehearing Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), ss 39, 42, 43, 46, 47, 51, 52, 74, 75A, 76A, 77, 77A Mental Health Act 2007 (NSW), s 140 Supreme Court Act 1970 (NSW), s 75A Cases Cited: A (by his tutor Brett Collins) v Mental Health Review Tribunal (No 3) [2014] NSWSC 30 A by his tutor Brett Anthony Collins v Mental Health Review Tribunal [2010] NSWSC 1363 Attorney General for the State of New South Wales v XY [2014] NSWCA 466 Kostas v HIA Insurance Services Pty Limited (2010) ALR 228; [2010] HCA 32 Public Service Board of NSW v Osmond (1986) 159 CLR 656; [1986] HCA 7 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 Category: Principal judgment Parties: Minister for Mental Health (Appellant) A (Respondent) Representation: Counsel: M Windsor SC; G Wright (Appellant) P Griffin SC; N Evans (Respondent)