In 2007, Greg James QC released his final report of the Review of the Forensic Mental Health Legislation.

The central issue was who should make decisions on the detention and release of forensic patients. The Report recommended that executive discretion (‘at the Governor’s pleasure’) be replaced with a more continuous monitoring system operating through the Mental Health Review Tribunal. PIAC welcomed the recommendations.

PIAC and the Mental Health in Prisons Network played a key role in the campaign for reform of NSW legislation regarding forensic patients, particularly in campaigning for the end of executive discretion. The NSW Parliament passed significant amendments in 2008, reflecting most of the reforms recommended by the James Report, including the abolition of the executive discretion.