Z v Mental Health Review Tribunal (No 3)

The Court of Appeal considered an application by Z, the applicant, to review a suppression order concerning proceedings before the Mental Health Review Tribunal. The dispute centred on whether the existing suppression order should be maintained or lifted, and the extent to which the Court of Appeal had the power to make such orders, particularly in light of provisions within the *Mental Health Act*.

The primary legal issues before the Court of Appeal were whether section 162 of the *Mental Health Act* affected the Court's power to make suppression orders under the *Court Suppression Act*, whether section 162 bound the Supreme Court or the Court of Appeal, and whether that section encompassed appeal proceedings from the Tribunal. The Court also considered whether section 162 mandated the making of suppression orders by the Court.

Kirk JA reasoned that the public interest in open justice significantly outweighed the public interest in maintaining the suppression order. His Honour found that section 162 of the *Mental Health Act* did not preclude the Court of Appeal from exercising its powers under the *Court Suppression Act* to lift a suppression order. The Court revoked the existing suppression order and its variations, but directed that the applicant continue to be referred to as "Z" in the Court's records and systems. The parties were ordered to bear their own costs for the hearing, and the matter was listed for directions.