Meeting the call of the coroner: detention and release of patients under the Mental Health Act

Abstract

In a recent inquest into the death of a man discharged from a Sydney emergency department, the coroner commented that some staff of that hospital may have had “a less than satisfactory understanding of the provisions of the Mental Health Act 2007”. 1 p 10 He recommended that that Local Health Network review its training programmes and materials concerning the Act so as to ensure compliance with its provisions. However, subsequent informal discussions around mechanisms for detention and discharge under the Act have suggested that uncertainties about its provisions extend more broadly. This brief paper sets out to clarify some of these issues, particularly as they arise in the emergency department