Attorney General of NSW v Huckstadt (No 2)

The Attorney General of New South Wales was the respondent in a case brought by the applicant, Huckstadt, who sought a non-publication order under the Suppression and Non-publication Orders Act 2010. Huckstadt, who had been found not guilty by reason of mental impairment, was a forensic patient under the Mental Health (Forensic Provisions) Act 1990. He applied for a non-publication order in relation to evidence given or to be given in proceedings or the fact that he might be subject to conditional release. The application was made under section 8(1)(a) and (e) of the Act.

The court had to decide whether a non-publication order should be granted. Huckstadt argued that such an order was necessary to protect his privacy and to prevent any potential prejudice to any proceedings involving him. The Attorney General opposed the application, asserting that such an order was not necessary and that the importance of open justice outweighed any potential benefits to the applicant. The court had to balance these considerations in light of the parallel statutory scheme under the Mental Health Act, which provided for the proceedings of the Mental Health Review Tribunal to be held in camera.

The court found that a non-publication order was not necessary. It recognised the importance of open justice and the role it played in the administration of justice. The court also noted that the Mental Health Review Tribunal had jurisdiction to make orders for the proceedings to be held in camera where it was satisfied that the disclosure of information would be detrimental to the patient. The court held that it was not appropriate to make a non-publication order in these circumstances. The application was dismissed.

The court made an order dismissing the application for a non-publication order.