Mental Health orders

Suing State of NSW: Claim of false imprisonment after mental health assessment: MA

Section 32 OrderMan undergoes mental health assessment after arrest

MA was arrested by Eastwood Police, brought before the Local Court and placed in a holding cell.

MA was assessed by the Court Liaison Officer (Mental Health) for a mental health assessment. The Local Court magistrate made an order pursuant to s 33(1)b of the Mental Health (Forensic Provisions) Act 2007 (NSW) on the basis of his mental health report by the court officer.

MA was transported to Macquarie Hospital where he was admitted, under the s 33(1)b order. MA was found to be a “mentally disordered person” by the doctor, who examined MA for the purposes of a Form 1 Medical Report as to Mental State of a Detained Person, pursuant to s 27(1)(a) of the Mental Health Act 2007.

The following day, the hospital contacted police and discharged MA into the custody of Eastwood police. MA was detained against his will and without lawful justification when discharged into police custody by the hospital. MA was then sent back to the hospital 2 ½ hours later, in order to complete a second Form 1 for the court. Following this, MA was unlawfully discharged a second time into police custody.

The Court held there was no jurisdiction to deal with this matter and that it was finalised. Further, he held that the order under s33(1)b had been executed at the time MA was admitted, and that the police did not have authority to bring MA back to Court. Ultimately, MA was discharged back to the community.

We sued State of NSW for assault, battery, and false imprisonment

O’Brien Criminal and Civil Solicitors successfully assisted MA in his claim against the State of NSW for assault, battery, and false imprisonment. MA was compensated for his treatment.

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