Since the terrorist attacks of 11 September 2001, legislatures around the world have increasingly invoked preventive detention measures to address perceived security risks to the community. Australia has been no exception to this trend. Whilst not a new phenomena, the growing use by States of...

The health professional-patient relationship is generally assumed to be a confidential one. However, health professionals may at times be legally and/or ethically required to breach confidentiality on the basis of broader societal interests. If there is a failure to disclose such information, a...

This article examines case law and legislation in order to address the question as to whether psychiatrists owe a duty of care to members of the public to detain individuals with mental illnesses and who are at risk of harming others. It explores a hypothetical scenario in which a victim, or his...

This article examines a number of options for regulating seclusion and restraint in Australia in light of international human rights standards and comparative international approaches. While seclusion and restraint can sometimes be beneficial for the protection of individuals, these practices...