Attorney General of New South Wales v Kereopa (No 3)

In the case of Attorney General of New South Wales v Kereopa, the applicant, a forensic patient, sought a non-publication order under the Suppression and Non-publication Orders Act 2010. The application was made due to concerns about the potential impact of publicity on the applicant's mental health. The case was heard in the Supreme Court of New South Wales.

The legal issues that arose in this case were whether the common factors shared by forensic patients, such as serious mental illness or intellectual disability, justified the necessity of a non-publication order. Additionally, the court needed to consider whether the absence of a non-publication provision in the Mental Health (Forensic Provisions) Act 1990, in contrast to the Mental Health Act 2007 and Guardianship Act 1987, meant that a common law principle should be developed based on international convention. Furthermore, the court had to determine whether an alternative remedy, such as restricting access to the court file, would be sufficient.

The court concluded that the bases for a non-publication order, which are common to all applications for extension orders under the Mental Health (Forensic Provisions) Act 1990, did not justify the necessity of such an order. The court noted that it was not the appropriate occasion to develop a common law based on international convention. Moreover, the court found that an alternative remedy, such as restricting access to the court file, would be sufficient to protect the applicant's interests. Therefore, the application for a non-publication order was refused.

In light of the court's decision, no non-publication order was granted. The applicant's access to the court file was restricted, providing the necessary protection for the applicant's mental health and privacy.