Call for Attorney General to show charity in mental health case

A mentally ill man in Long Bay Prison Hospital is being forcibly injected as part of his treatment. When his tutor, Brett Collins of Justice Action, unsuccessfully sought to review the man’s involuntary treatment regime in the Supreme Court the NSW government obtained a $36,000 costs order against him.

Attorney General Greg Smith is rejecting calls that he forgive the costs order because it is in the public interest to allow full oversight of involuntary treatment arrangements for the mentally ill.

Greens NSW MP and Justice spokesperson David Shoebridge said:

“This was a case of genuine public interest, testing the Supreme Court’s ability to review a decision of the mental health tribunal that was allowing a detainee to be forcibly injected against his will.

“This man is being forcibly injected against his will and Mr Collins of Justice Action responded by using untested laws to review the decision of the Mental Health Review Tribunal that had approved the inmate’s involuntary treatment regime.

“This inmate has been in Long Bay Prison Hospital for almost ten years, having been found not guilty of manslaughter because of mental illness.

“The decision to chase Mr Collins of Justice Action for costs has sent a chilling message to other public interest advocates, that if they challenge the Mental Health Review Tribunal and lose they may well be held personally liable for the costs of the case.

“Involuntary medication for mental illness is an extreme invasion of a person’s civil rights and, while it may be entirely appropriate in an individual case, it must come with an open and accessible process to
challenge its use. This case suggests that NSW does not have such a system.

“Given that Mr Collins was acting in what he perceived as the best interests of a vulnerable inmate with no legal right to run his own case, the Attorney General should immediately review the position and stop pursuing these costs.

“What we need is a little end of year charity here from the Attorney General to use his power to forgive this costs order.” Mr Shoebridge said.