New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Mental health
applicant the subject of a managed estate order and appointed a tutor for the purposes of litigation; applicant a protected person under the NSW Trustee and Guardian Act 2009 (NSW); application for leave to appeal without tutor; whether the primary judge should have made arrangements to hear the oral evidence of the applicant’s treating psychiatrist; whether the applicant was denied procedural fairness.
IA v TA
 NSWCA 179
effect of magistrate’s order for mental health assessment; subsequent order for detention in prison; ss 17, 34 Mental Health Act 2007 (NSW) order for transfer to mental health facility; delay in transfer; Mental Health Review Tribunal review required; failure of Director-General and Commissioner to provide reports required as to delay; whether failure to fulfil statutory requirements renders subsequent detention unlawful; ss 55, 58 Mental Health (Forensic Provisions) Act 1990 (NSW).
State of New South Wales v Roberson
 NSWCA 151
community treatment order; application granted by Mental Health Review Tribunal; appeal to primary judge under s 163 of the Mental Health Act 2007 (NSW); whether primary judge conducted a de novo hearing to decide whether community treatment order should be made; whether primary judge made required findings under the Act
Z v Mental Health Review Tribunal
 NSWCA 373
Mental Health (Forensic Provisions) Act 1990 (NSW), s 32; matters relevant to considering whether to make order; operation of possible condition; matters relevant to sentencing according to law
Quinn v Director of Public Prosecutions
 NSWCA 331
involuntary treatment; Mental Health Act 1986 (Vic) ss 12, 12AA, 14; appellant attended Royal Melbourne Hospital for treatment for bleeding; appellant assessed as being mentally ill; appellant admitted and detained as an involuntary patient; appellant intermittently detained and released from 2004 to 2011; whether respondents incorrectly diagnosed appellant as mentally ill; whether diagnosis and treatment negligent; no evidence provided to support appellant’s claims of medical negligence; appeal dismissed
Zhong v Melbourne Health & Anor
 VSCA 165
forensic patient; release; order for unconditional release upon transfer to a medium security mental health unit in Queensland; test of serious endangerment of public; whether care of a less restrictive kind available upon release; Mental Health (Forensic Provisions) Act 1990 (NSW) s 43(a) and (b) s 47; whether transfer of a forensic patient permitted under a corresponding law of Queensland; transferee ceasing to be forensic patient in New South Wales; Mental Health Act 2007 (NSW) s 176; appeal dismissed
Attorney General for the State of New South Wales v XY
 NSWCA 466
confinement and restraint of mentally ill persons and similar orders; detention by police under Mental Health Act 2007 (NSW) s 22; whether the prerequisites of that section were satisfied; construction of the undefined phrase ‘mentally disturbed’; whether a subjective test applies to the first prerequisite of s 22(1); appeal dismissed
State of New South Wales v Talovic
 NSWCA 333
person charged unfit to stand trial; person found guilty of charges on limited evidence in special hearing; trial judge nominated limiting term; Mental Health Review Tribunal determined offender suffering from mental illness; discretion whether to order detention in mental health facility or other place; whether discretion extends to power to make no order; whether legislative scheme consistent with power of court to release person; whether court can permit conditional release on bail pending determination of Mental Health Review Tribunal; whether question appropriate for determination; bail order expired; inutility in deciding question; Mental Health (Forensic Provisions) Act 1990 (NSW), ss 24, 27
Director of Public Prosecutions v Khoury
 NSWCA 15
Effect of disability on civil rights and duties; death of protected person; rights concerning litigation begun by manager concerning manner of administration of protected person's property do not survive death.
RL v NSW Trustee and Guardian (No 2)
 NSWCA 78
Management and administration of property; testatrix subject to a management order; power to order separate investment of proceeds from devised asset; NSW Trustee and Guardianship Act 2009 s 83; generally appropriate to also segregate income and interest from the separate fund from the general pool of funds; disposal by manager with authority of NSW Trustee and Guardian adeemed the specific bequest - not necessary that the disposal be known to the protected person for ademption to occur.
RL v NSW Trustee and Guardian
 NSWCA 39