Khoury (by his tutor, Georgette Khoury) v Mental Health Review Tribunal [2012] NSWSC 703

Khoury (by his tutor, Georgette Khoury) v Mental Health Review Tribunal [2012] NSWSC 703

The plaintiff was not detained in a mental health facility, correctional centre or other place, and his bail status did not amount to being released from custody subject to conditions within the meaning of s 42 of the Mental Health (Forensic Provisions) Act 1990. The scheme and legislative history of the Act, including the deletion of former express references to bail from the definition of forensic patient, showed that release on bail was not included. Because the plaintiff was not a forensic patient, he lacked standing under s 77A to appeal from the Tribunal's determination, and leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
29 June 2012
Procedural Posture
Application for Leave to Appeal From a Determination of the Mental Health Review Tribunal / Supreme Court Determination of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed. No order as to costs.
Legal Topics
['forensic Patient Status' 'standing to Appeal From Mental Health Review Tribunal' 'limiting Terms' 'mental Health (forensic Provisions) Act 1990']
['mental Health Law' 'criminal Procedure' 'administrative Law'] ['forensic Patient Status' 'standing to Appeal From Mental Health Review Tribunal' 'limiting Terms' 'mental Health (forensic Provisions) Act 1990']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Determination of the Mental Health Review Tribunal / Supreme Court Determination of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the plaintiff was a forensic patient as defined in s 42 of the Mental Health (Forensic Provisions) Act 1990.' "Whether the plaintiff had standing under s 77A of the Mental Health (Forensic Provisions) Act 1990 to seek leave to appeal from the Tribunal's determination." 'Whether being on bail or released subject to bail conditions amounted to being released from custody subject to conditions pursuant to an order under s 24 for the purposes of s 42.']

Ratio Decidendi

The plaintiff was not detained in a mental health facility, correctional centre or other place, and his bail status did not amount to being released from custody subject to conditions within the meaning of s 42 of the Mental Health (Forensic Provisions) Act 1990. The scheme and legislative history of the Act, including the deletion of former express references to bail from the definition of forensic patient, showed that release on bail was not included. Because the plaintiff was not a forensic patient, he lacked standing under s 77A to appeal from the Tribunal's determination, and leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed. No order as to costs.

Orders

  • ['Application for leave to appeal dismissed.' 'No order as to costs.']