The liability of providers of mental health services in negligence

Gray, Anthony (2015) The liability of providers of mental health services in negligence. Deakin Law Review, 20 (2). pp. 221-262. ISSN 1321-3660


This paper considers the liability of mental health providers in light of the High Court's recent decision finding an inconsistency between the provider's statutory obligations and the existence of a possible duty of care. The decision appears to read the mental health legislation selectively, and expresses fears of unmanageable litigation levels that are not borne out by the experience elsewhere. Mental health providers routinely already consider the possible impact on others of advice they provide regarding involuntary detention.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 21 Apr 2016 06:16
Last Modified: 26 Apr 2018 04:32
Uncontrolled Keywords: mental health; Tarasoff; duty of care; inconsistency public authority
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified

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