This Review arose out of a broader review of the Mental Health Act 1990 (NSW), which commenced in 2004. The Hon Greg James QC was tasked to conduct a review of Chapter 5 of the Mental Health Act 1990 (NSW) as it relates to ‘forensic patients’, and any related matters arising under the Mental Health (Criminal Procedure) Act 1990 (NSW) and furnish this report.
The core issue for this Review was whether the existing system requiring executive decision for the care, detention, treatment, leave and release of prisoners transferred into hospital as mentally ill and of persons found not guilty by reason of mental illness or unfit for trial should be replaced.
The Review also examined the appropriateness of structures for the determination of such matters and for appeals from those determinations, and in particular, public safety and the role of victims in the forensic review process.
There have been significant legislative changes and forensic reforms since this Review. Please see
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 for more information.