Re R [2012] NSWSC 829

Re R [2012] NSWSC 829

The Tribunal determining the application for a community treatment order was not properly constituted as required by regulation; therefore, the order must be quashed and the application remitted to a properly constituted Tribunal.

Jurisdiction
Australia
Judgment Date
12 July 2012
Procedural Posture
Appeal / Judgment
Outcome
Orders of Tribunal quashed; remitted for determination by properly constituted Tribunal; summons dismissed with no order as to costs.
Legal Topics
['appeal From Tribunal' 'constitution of Tribunal' 'community Treatment Orders' 'costs in Protective Matters']
['mental Health Law' 'civil Procedure'] ['appeal From Tribunal' 'constitution of Tribunal' 'community Treatment Orders' 'costs in Protective Matters']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Mental Health Review Tribunal was properly constituted per Mental Health Regulation 2007' 'Whether failure to adhere to statutory procedure when conducting mental health inquiry' 'Whether there was a constructive failure to exercise jurisdiction under s 35 of Mental Health Act 2007' 'Appropriateness of costs orders given conduct of parties']

Ratio Decidendi

The Tribunal determining the application for a community treatment order was not properly constituted as required by regulation; therefore, the order must be quashed and the application remitted to a properly constituted Tribunal.

Court Disposition

Orders of Tribunal quashed; remitted for determination by properly constituted Tribunal; summons dismissed with no order as to costs.

Orders

  • ['Determination and orders made on 24 February 2012 by the Mental Health Review Tribunal constituted by Miss Tracey Sheedy concerning the plaintiff be quashed.' 'Mental Health Review Tribunal to determine application for a community treatment order brought by Director General of Clinical Services, Concord Centre for...