Minister for Mental Health v Paciocco (Preliminary) [2019] NSWSC 1677

Supreme Court New South Wales

Medium Neutral Citation: Minister for Mental Health v Paciocco (Preliminary) [2019] NSWSC 1677 Hearing dates: 13 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Common Law Before: Fullerton J Decision: 1. Pursuant to clause 6(5) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW): a. two qualified psychiatrists, psychologists and/or registered medical practitioners (or any combination of such persons) are to be appointed to conduct separate examinations of Steven Mark Paciocco and to furnish reports to the Supreme Court on the results of those examinations; and b. Mr Paccioco is directed to attend those examinations.

2. Pursuant to clauses 10 and 11 of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Mr Paciocco is subject to an interim extension order for a period of 3 months, commencing on 13 December 2019 and expiring on 13 March 2020.

3. Access to the Court's file in this matter is restricted such that access by a non-party to the proceedings is 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 in respect of any application for access. Catchwords: MENTAL HEALTH – forensic patient – application for extension order pursuant to Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) – whether the defendant poses an unacceptable risk of serious harm to others if he ceases to be a forensic patient – interim extension order imposed Legislation Cited: Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Kapeen bht Jennifer Thompson (Preliminary) [2018] NSWSC 619 Attorney General for New South Wales v McGuire by his tutor Thompson [2019] NSWSC 76 Minister for Mental Health v Paciocco [2017] NSWSC 4 NSW Minister for Mental Health v Paciocco (No 2) [2018] NSWSC 866 Category: Principal judgment Parties: Minister for Mental Health (Plaintiff) Steven Mark Paciocco by his tutor Dr Katherine Johnson (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) P David (Defendant)