A magistrate's order for mental health assessment under s 33 of the Mental Health (Forensic Provisions) Act 1990 (NSW) is spent once the assessment process is complete, and a person who is no longer detained in a mental health facility is no longer an 'assessable person' for whom a mental health inquiry must be held. Failure to comply with statutory reporting and review requirements under s 58 following a transfer order under s 55 does not render continued imprisonment unlawful. A medical practitioner who exercises a statutory function of expressing an opinion under s 27(b) of the Mental Health Act 2007 does not thereby become the holder of a public office for the purposes of the tort of misfeasance in public office. The scope of 'public office' in the context of contracted-out statutory functions remains an open question.
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