Attorney General for New South Wales v Kereopa [2019] NSWSC 1339

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Kereopa [2019] NSWSC 1339 Hearing dates: 20 September 2019 Date of orders: 10 October 2019 Decision date: 10 October 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Pursuant to cl 7(1)(a) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 the status of Mr Teahu Kereopa as a forensic patient is extended for a period of two years from 13 October 2019. (2) Access to the Court file shall not be granted to a non-party without leave of a Judge of the Court. If any such application for access is made by a non-party, the parties are to be notified by the Registrar so as to be given the opportunity to be heard. Catchwords: MENTAL HEALTH – forensic patient – Mental Health (Forensic Provisions) Act 1990 – extension order application – final hearing – issue as to length of order – schizophrenia comorbid with intellectual disability, substance use disorder and anti-social personality disorder – need for high level support and monitoring – risk would not be adequately managed by civil patient status under Mental Health Act 2007, a guardianship order or good behaviour bonds – two years found to be minimum period for treatment and stabilisation – extension order made for two years Legislation Cited: Mental Health (Forensic Provisions) Act 1990, clauses 7(1)(a), 7(2) Cases Cited: Attorney-General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Cornwall v Attorney-General of NSW [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) Teahu Kereopa (Defendant) Representation: Counsel: A Rose (Plaintiff) E Tringali (Defendant)