Attorney General of New South Wales v TP by her tutor Jennifer Thompson (No 2)

[2015] NSWSC 1955

Supreme Court

New South Wales

Medium Neutral Citation:

Attorney General of New South Wales v TP by her tutor Jennifer Thompson (No 2) [2015] NSWSC 1955

Hearing dates:

17 December 2015

Decision date:

17 December 2015

Jurisdiction:

Common Law

Before:

Adams J

Decision:

1. Pursuant to clauses 10 and 11(2) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 the interim extension order made on 30 November 2015 be renewed for a period of 28 days from (and including) 31 December 2015.

 

2. Liberty to apply on one day's notice.

 

3. Stand the matter over to 9:30am on 21 January 2016 to hear an application for a renewal of the interim extension order.

 Note: The matter is listed for a final hearing on 1 and 2 February 2016.

Catchwords:

CIVIL – Mental Health (Forensic Provisions) Act 1990 (NSW) – application for extension of an interim extension order

Legislation Cited:

Mental Health (Forensic Provisions) Act 1990 (NSW)

Cases Cited:

Attorney-General of New South Wales v TP by her tutor Jennifer Thompson [2015] NSWSC 1650

Category:

Procedural and other rulings

Parties:

Attorney General of New South Wales (Plaintiff)
TP by her tutor Jennifer Thompson (Defendant)

Representation:

Solicitors:
Crown Solicitor for NSW (Plaintiff)
Legal Aid NSW (Defendant)

File Number(s):

2015/316558

Judgment

1. This is an application for an extension of the interim extension order made by Schmidt J in Attorney-General of New South Wales v TP by her tutor Jennifer Thompson [2015] NSWSC 1650 on 30 November 2015. On that occasion her Honour not only made the order but, as is usual, certain ancillary orders, in particular, the appointment of a qualified psychiatrist and registered psychologist to conduct examinations of the defendant and to furnish reports to the Court. Although the extension of the interim extension order is consented to it is necessary for the Court considering the nature of the proceedings to independently exercise its discretion in this respect.

2. The defendant's history and the reasons justifying the interim extension order are fully and helpfully set out in the judgment of Schmidt J and I take it these matters are not controversial. Accepting as I do that history and her Honour's conclusions about its significance for the purpose of orders of this kind, it is appropriate that the interim extension order be extended as sought and consented to. Accordingly, I make the orders set out in the short minutes of order signed by me, dated today and placed with the papers –

1. Pursuant to clauses 10 and 11(2) of Schedule 1 of the Mental Health (Forensic Provisions) Act 1990 the interim extension order made on 30 November 2015 be renewed for a period of 28 days from (and including) 31 December 2015.

2. Liberty to apply on one day's notice.

3. Stand the matter over to 9:30am on 21 January 2016 to hear an application for a renewal of the interim extension order.

Note: The matter is listed for a final hearing on 1 and 2 February 2016.

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Decision last updated: 17 December 2015