Z v Mental Health Review Tribunal (No 3)

[2023] NSWCA 38

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Suppression and non-publication orders
3. › Review of suppression order
4. › Power of single Judge of Appeal to review order made by Court of Appeal
5. › Whether public interest significantly outweighs public interest in open justice
6. › Whether suppression order should be revoked
7. › Retention of pseudonym as matter of court administration
8. › Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 8(1)(e), 12(1), 13
1. Mental Health
2. › Jurisdiction of Supreme Court
3. › Appeals from Mental Health Review Tribunal
4. › Publication of names
5. › Whether s 162 of Mental Health Act 2007 (NSW) binds the Supreme Court or Court of Appeal
6. › Whether s 162 encompasses appeal proceedings from the Tribunal
7. › Whether s 162 requires the Court to make orders under the Court Suppression Act
8. › Conflicting authorities
9. › Mental Health Act 2007 (NSW), s 162

Quick Take

To protect the identity of persons in mental health appeal proceedings in the Supreme Court or Court of Appeal, an application must be made under the Court Suppression Act and meet its threshold requirements; s 162 of the Mental Health Act does not apply directly but evinces a legislative sensitivity relevant to the public interest assessment.