Proposed laws to extend mental health detention to 72 hours spark rights concerns

Queensland is considering proposed laws that would allow the state's chief psychiatrist to extend the maximum detention period for a mental health examination from 24 to 72 hours. This power would apply to individuals accused of serious crimes, raising significant concerns among advocacy groups and legal bodies.

The bill suggests the psychiatrist must believe the extended detention would aid in the examination process and anticipates this power would be used only in rare circumstances. Health Minister Tim Nicholls stated that "several safeguards" would be implemented to ensure the power is exercised appropriately.

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Every expansion of involuntary detention normalizes coercion as the default response to mental distress and further erodes the principle that treatment should occur with a person's free and informed consent wherever possible.

However, organizations like the Aboriginal-led community group Sisters Inside have voiced strong opposition. In a parliamentary submission, the group argued the laws would "deprive a person of their liberty before any Mental Health Court determination has been made." Chief executive Debbie Kilroy stated, "Every expansion of involuntary detention normalizes coercion as the default response to mental distress and further erodes the principle that treatment should occur with a person's free and informed consent wherever possible."

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As this is a new power which has not been previously available, it is imperative that if this amendment is implemented, there must be strict safety provisions to ensure that individuals are not adversely affected by long periods of unnecessary detention.

The Queensland Nurses and Midwives Union (QNMU) also expressed apprehension about the extended timeframe, emphasizing the need for strict safety provisions to prevent adverse effects from unnecessary detention. They recommended a detainee review at least every 24 hours. Legal Aid Queensland echoed these concerns, flagging a "low threshold" for extending detention and highlighting the "significant infringements upon human rights," particularly the right to liberty.

The parliamentary committee is scheduled to hold a briefing on the proposed laws next week before submitting its report to the government in August. A Queensland Health spokesperson reiterated that the powers would be used in "limited, v" circumstances.

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The detention of a person imposes significant infringements upon human rights; most prominently the right to liberty, and freedom of movement.