Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17:

1. HIS HONOUR: By summons filed on 16 October 2024, the Attorney General of New South Wales (the plaintiff) sought interim and final orders pursuant to ss 130 and 131 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act). The defendant appeared by his tutor, Ashley Limbury. As a forensic patient, the defendant is a "person under a legal incapacity": Civil Procedure Act 2005 (NSW) s 3; thus, pursuant to r 7.14 of the Uniform Civil Procedure Rules 2005 (NSW), the appointment of a tutor is required to "carry on proceedings".

2. Interim orders were made by me on 28 November 2024: Attorney General of New South Wales v Skerry (bht Limbury) (Preliminary) [2024] NSWSC 1520. Pursuant to ss 130 and 131 of the Act, the defendant was made subject to an interim order for the extension of his status as a forensic patient commencing upon the expiry of his previous extension order on 12 February 2025, for a period of three months, which was subsequently extended.

3. The defendant did not oppose that order and reserved his position in respect of the final order sought, which was for an extension of his status as a forensic patient for a period of five years from the date of the order, or for a length to be finally determined following receipt of any Court-appointed experts. That order was sought pursuant to ss 121, 127(1)(a) and 128 of the Act.

4. I ordered that two forensic experts be appointed pursuant to s 126(5) of the Act, and that their reports be furnished to the Court. Reports have been received from Dr Carollyne Youssef, who is a clinical and forensic psychologist, dated 12 February 2025, and from Dr Calum Smith, who is a forensic psychiatrist, dated 13 February 2025. In view of their opinions, the plaintiff has modified the order sought to an extension for four years. The defendant did not oppose an extension order, but submitted that it should be for a period of three years.

5. The hearing of the application concerning the final orders sought occurred on 27 March 2025. On 7 May 2025, I made an order that the defendant's status as a forensic patient be extended for a period of three years from the date of the order, which means that it will expire on 6 May 2028, together with an ancillary order restricting access to the Supreme Court file in the matter. These are my reasons for that order.

The legislative framework

6. The relevant part of the Act is Pt 6, "Extension of status as a forensic patient". The objects of Pt 5, which are stated to apply to Pt 6 as well, are outlined in s 69(1) as follows:

"(a) to protect the safety of members of the public,

(b) to provide for the care, treatment and control of persons subject to criminal proceedings who have a mental health impairment or cognitive impairment,

(c) to facilitate the care, treatment and control of any of those persons in correctional centres or detention centres through community treatment orders,

(d) to facilitate the provision of hospital care or care in the community through community treatment orders for any of those persons who require involuntary treatment,

(e) to give an opportunity for those persons to have access to appropriate care,

(f) to protect the safety of victims of forensic patients and acknowledge the harm done to victims."

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1977b70a8d365757d5fe60c3)

Disclaimer: Curated by HT Syndication.