Dr Sam Boyle1
1Australian Centre for Health Law Research, QUT, Brisbane, Australia
Biography:
Dr Sam Boyle, is a Senior Lecturer at the QUT School of Law and member of the Australian Centre for Health Law research. He researches in the area of compulsory treatment for mental illness. He recently conducted a study of the mental health legal system of Ontario, Canada.
Abstract:
This paper examines the legal framework governing compulsory civil mental health treatment in Australia, with particular focus on Community Treatment Orders (CTOs). It sets out the criteria, procedures, and safeguards that apply under Australian mental health legislation, and compares these with equivalent regimes in comparable international jurisdictions, including England and Wales, New Zealand, and Canada. The comparison considers areas such as eligibility criteria, duration and review requirements. The paper will identify where Australian approaches align with or diverge from international norms.
The paper then considers the current empirical evidence on the effectiveness of CTOs, and discusses the implications of these findings for how CTO regimes are assessed against human rights standards. The paper investigates the mechanisms for independent oversight, and discusses the significant limitations of these existing processes. Finally, the paper outlines a range of options for reforming CTO frameworks, from procedural amendments to more substantial changes to decision-making models, and considers their practical and legal implications.
Boyle, Sam, Fiona Jager, Jean-Laurent Domingue, and Amélie Perron. "Lack of challenge to substantive criteria at mental health tribunals: Amplifying the medical perspective?". International Journal of Law and Psychiatry 105 (2026): 102166.
Kisely, Steve, Tessa Zirnsak, Chris Maylea, Claudia Bull, and Lisa Brophy. "Latest findings highlight the continuing uncertainty over the utility of compulsory psychiatric treatment in the community." BJPsych Open 10, no. 5 (2024): e133.