The liability of providers of mental health professionals in negligence

Gray, Anthony (2015) The liability of providers of mental health professionals in negligence. University of Western Australia Law Review, 40 (1). pp. 163-197. ISSN 0042-0328

[img]
Preview
Text (Published Version)
UWALR.pdf

Download (1519Kb) | Preview

Abstract

This article considers possible liability issues associated with mental health professionals in light of a recent High Court decision which takes a very narrow view on the extent to which mental health professionals could be found liable in negligence. It considers this approach to be unduly narrow, based on a misreading of the relevant legislation finding there to be an inconsistency of obligations more apparent than real. Fears of indeterminate liability in this space have not materialised in jurisdictions in which a broader view of liability in this context has been taken.


Statistics for USQ ePrint 28478
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Copyright of articles published in The University of Western Australia Law Review remains with the individual authors.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 21 Apr 2016 06:11
Last Modified: 07 Feb 2018 23:52
Uncontrolled Keywords: mental health; negligence; duty of care; inconsistency of obligations; Tarasoff
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
URI: http://eprints.usq.edu.au/id/eprint/28478

Actions (login required)

View Item Archive Repository Staff Only