Habeas corpus and involuntary detention of patients with psychiatric disorders

Abstract

Utilising the decision of Bell J in Antunovic v Dawson [2010] VSC 377, this article evaluates the contemporary role of the writ of habeas corpus in protecting the rights and liberties of persons with mental illness who are treated involuntarily, either in hospital or in the community. It is argued that the decision highlights the importance of the writ as an important check and balance upon unlawful imposition of constraints on human rights. In addition, issues related to paternalistic decision-making in respect of persons with disabilities are identified, as are measures that need to be adopted in Victoria, and elsewhere, to incorporate effectively consumers' wishes, individual needs and as..