Attorney General of New South Wales v WB (Final) [2020] NSWSC 152

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of New South Wales v WB (Final) [2020] NSWSC 152 Hearing dates: 20 February 2020 Decision date: 28 February 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to clause 7 of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW), the defendant's status as a forensic patient is extended for a period of 6 months from 29 February 2020.

(2) Access to the Court's file in this proceeding is restricted such that access will be granted to a non-party only with the leave of a Judge of the Court and with prior notice to the parties, so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: MENTAL HEALTH – forensic patient – intellectual disability – statutory interpretation – objects clause – unacceptable risk of causing serious harm – less restrictive means – line of sight condition – guardianship order – Child Protection Register – extension order granted Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), s 5 Child Protection (Offenders Registration) Act 2000 (NSW), ss 9, 10, 11, 17 Guardianship Act 1987 (NSW), s 4 Interpretation Act 1987 (NSW), s 33 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 40, 46, Sch 1 Mental Health Act 2007 (NSW), s 16 Cases Cited: Attorney General of New South Wales v Christian bht Thompson [2018] NSWSC 744 Attorney-General of New South Wales v Kereopa [2017] NSWSC 411 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v WB (Preliminary) [2019] NSWSC 1664 Attorney General of New South Wales v WB [2020] NSWCA 7 Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Mailes (2001) 53 NSWLR 251; [2001] NSWCCA 155 Re J (No 2) [2011] NSWSC 1224 Re Yanner (2000) 176 ALR 1; [2000] FCA 975 State of New South Wales v Golding (Preliminary) [2018] NSWSC 1041 State of New South Wales v Kamm (Final) [2016] NSWSC 1 Wacando v The Commonwealth (1981) 148 CLR 1; [1981] HCA 60 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 13 November 2013 Category: Principal judgment Parties: Attorney General for New South Wales (Plaintiff) WB bht Dr Katherine Johnson (Defendant) Representation: Counsel: S Climo (Plaintiff) D Goodhand (Defendant)