JKL by his tutor Jennifer Thompson v Justice Health and Forensic Mental Health Network

(2021) 104 NSWLR 592; [2021] NSWCA 94

NSW Court of Appeal

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Interrogate

Catchwords

1. Mental Health
2. › Forensic patients
3. › Mental Health Review Tribunal
4. › Transfer of forensic patients
5. › Power to order transfer to mental health facility
6. › Whether power includes power to specify when transfer is to occur
7. › Whether order conditioning transfer on bed availability within power
8. › Mental Health (Forensic Provisions) Act 1990 (NSW), s 48
1. Statutory Interpretation
2. › Implied incidental power
3. › Express grant of power carries with it everything reasonably necessary for its effective exercise
4. › Whether power to transfer includes power to specify timing of transfer
5. › Mental Health (Forensic Provisions) Act 1990 (NSW), s 48
1. Mental Health
2. › Forensic patients
3. › Mental Health Review Tribunal
4. › Relevant considerations
5. › Whether availability of beds at mental health facility is a relevant consideration in exercising transfer power
6. › Whether analogy with sentencing and availability of correctional facilities applies
7. › Mental Health (Forensic Provisions) Act 1990 (NSW), ss 48, 74

Quick Take

The Mental Health Review Tribunal has power to condition transfer orders on bed availability, and the availability of beds at mental health facilities is a relevant consideration in the exercise of the transfer power under s 48 (now s 82 of the MHCIFP Act).