Attorney General of New South Wales v WB

[2020] NSWCA 7

NSW Court of Appeal

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Interrogate

Catchwords

1. Mental Health
2. › Forensic patients
3. › Extension of status as forensic patient
4. › Whether extension order can be made with respect to person who has ceased to be forensic patient
5. › Whether interim extension order mandatory where pre-conditions satisfied
6. › Mental Health (Forensic Provisions) Act 1990 (NSW), Sch 1, cll 1, 2, 10
1. Statutory Interpretation
2. › Principle of legality
3. › Fundamental rights and freedoms
4. › Intention to confer power to infringe liberty
5. › Application to extension orders under Mental Health (Forensic Provisions) Act 1990 (NSW)
1. Statutory Interpretation
2. › Use of defined term
3. › Whether used as label
4. › Whether context and subject matter show intention that definition not apply
5. › Interpretation Act 1987 (NSW), s 6
1. Statutory Interpretation
2. › Words and phrases
3. › 'May'
4. › Power conferred on Supreme Court
5. › Whether coupled with duty to make order where pre-conditions satisfied
6. › Mental Health (Forensic Provisions) Act 1990 (NSW), Sch 1, cl 10

Quick Take

Practitioners applying for extension orders under Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) must ensure an interim extension order is obtained before the limiting term expires, as the majority held that an extension order cannot be made with respect to a person who has ceased to be a forensic patient.