Attorney General of New South Wales v WB

The Attorney General of New South Wales sought an interim extension order concerning the respondent, WB, a forensic patient whose limiting term was due to expire. The dispute concerned the court's power to extend the status of a person as a forensic patient, particularly when that person had already ceased to be a forensic patient by operation of law. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether it possessed the power, under clause 10 of Schedule 1 of the *Mental Health (Forensic Provisions) Act 1990* (NSW), to make an interim extension order in respect of a person who had already ceased to be a forensic patient due to the expiry of their limiting term. This question arose in the context of an appeal pending before the court, where the interim order was sought to preserve the subject-matter of that appeal.

Basten JA considered the statutory framework governing forensic patients and the power to extend their status. His Honour determined that the court retained the power to make an interim extension order even after the expiry of the limiting term, provided that such an order was necessary to preserve the subject-matter of an appeal. This power was exercised to prevent the respondent from ceasing to be a forensic patient before the appeal could be heard and determined, thereby maintaining the status quo.

The Court of Appeal made an interim extension order pursuant to clause 10 of Schedule 1 of the *Mental Health (Forensic Provisions) Act 1990* (NSW), which was to operate until further order of the Court or 5pm on 13 December 2019, whichever was earlier. Additionally, the court continued an existing order prohibiting the publication of any information that could identify the respondent or the victims of the sexual assaults for which he was charged, reflecting the terms of the *Child Protection (Offenders Prohibition Orders) Act 2004* (NSW) and the *Court Suppression and Non-publication Orders Act 2010* (NSW).