Attorney General of New South Wales v WB [2020] NSWCA 7

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Attorney General of New South Wales v WB [2020] NSWCA 7 Hearing dates: 6 February 2020 Date of orders: 12 February 2020 Decision date: 12 February 2020 Before: Basten JA at [1]; Macfarlan JA at [58]; Leeming JA at [61]; Decision: (1) In the summons matter, subject to (3) below, grant the Attorney General leave to appeal from the order made in the Common Law Division on 28 November 2019 refusing to make an interim extension order. (2) Treat the amended notice of appeal filed 4 February 2020 in matter 2019/379498 as filed pursuant to the grant of leave to appeal. (3) Limit the grant of leave to ground 1 in the amended notice of appeal. (4) Allow the appeal and set aside order (3) made in the Common Law Division on 28 November 2019. (5) Pursuant to cl 10 of Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW), make an interim extension order in respect of the respondent, such order to expire on 29 February 2020. Catchwords: MENTAL HEALTH – forensic patients – expiry of limiting term – extension of status as forensic patient – whether extension order can be made with respect to a person who has ceased to be a forensic patient

APPEALS – appeal from refusal to make an interim extension order under the Mental Health (Forensic Provisions) Act 1990 (NSW) – source of right to appeal – whether subject to leave – limited grant of leave STATUTORY INTERPRETATION – principle of legality – fundamental rights and freedoms – intention to confer power to infringe liberty – application to extension orders under the Mental Health (Forensic Provisions) Act 1990