Attorney General for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Hearing dates: 26 April 2018 Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Common Law Before: Johnson J Decision: The following orders are made: (a) an order pursuant to Clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990: (i) appointing two qualified psychiatrists, psychologists and/or registered medical practitioners (or any combination of such persons) to conduct separate examinations of Robert Steven Kapeen and to furnish reports to the Supreme Court on the results of those examinations; and (ii) directing Mr Kapeen to attend those examinations. (b) an order pursuant to Clauses 10 and 11 of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 that Mr Kapeen be subject to an interim extension order commencing on 2 June 2018 for a period of 28 days; (c) an order restricting access to the Court's file in the matter such that access by a non-party to the proceeding would be permitted only by leave of a Judge of the Court and only with prior notice to the parties so as to allow them an opportunity to be heard with respect to the application for access. Catchwords: CIVIL - forensic patient - Mental Health (Forensic Provisions) Act 1900 – person being detained under extension order made in May 2017 - extension order due to expire - application for interim extension order – whether unacceptable risk of causing serious harm if status as forensic patient ceases – whether the risk cannot be adequately managed by other less restrictive means – interim extension order made together with order for examination Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Attorney General for New South Wales v Kapeen [2017] NSWSC 685 Attorney General for NSW v MZ [2017] NSWSC 1773 Attorney General for the State of New South Wales v Huckstadt (No. 3) [2017] NSWSC 944 Attorney General of New South Wales v McGuire (No. 2) [2014] NSWSC 288 Attorney General of New South Wales v Skerry (Preliminary) [2015] NSWSC 859 Attorney General of NSW v Doolan by his tutor Jennifer Thompson (No. 2) [2016] NSWSC 107 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 State of New South Wales v Windle (No. 3) [2017] NSWSC 727 State of NSW v Manners [2008] NSWSC 1242 Texts Cited: --- Category: Procedural and other rulings Parties: Attorney General for New South Wales (Plaintiff) Robert Steven Kapeen by his tutor Jennifer Thompson (Defendant) Representation: Counsel: Ms S Palaniappan (Plaintiff) Ms A Hawkins (Defendant)