Attorney General for NSW v Christian by his tutor Thompson [2017] NSWSC 1663

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for NSW v Christian by his tutor Thompson [2017] NSWSC 1663 Hearing dates: 30 November 2017 Decision date: 30 November 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Interim extension order made for a period of 28 days. Two qualified experts appointed to examine and provide reports. Catchwords: MENTAL HEALTH – Mental Health (Forensic Provisions) Act 1990 – forensic patient – limiting term due to expire – application for interim extension order – interim orders not opposed – interim orders made

CIVIL PROCEDURE – Court Suppression and Non-publication Orders Act 2010 – application by forensic patient for non-publication order – concern for release of medical and personal information – judgment deliberately cast in terms not disclosing such material – adequacy of order restricting access to court file – application refused Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) s 7 Mental Health (Forensic Provisions) Act 1990 (NSW) s 42, Sch 1 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Lindsay Robert Christian by his tutor Jennifer Thompson (Defendant) Representation: Counsel: Ms S Callan with Mr J Edwards (Plaintiff) Ms C Goodhand (Defendant)

Solicitors: NSW Crown Solicitor Legal Aid NSW File Number(s): 2017/278714

Judgment 1. HIS HONOUR: These are proceedings in which the Attorney General seeks an extension order pursuant to Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) ("the Act") in respect of a forensic patient, Lindsay Robert Christian ("the defendant"), for a period of two years. 2. The defendant is a forensic patient because he is subject to a limiting term imposed pursuant s 23 of the Act. That term is due to expire on 19 December 2017. 3. Before me today is the preliminary hearing of the application. The Attorney General seeks certain interim orders pending the final hearing of the matter. The defendant seeks an interim non-publication order. I will deal with the applications in turn.