Lawyers’ perspectives on the increased use of involuntary psychiatric treatment under the mental health act 2016, Queensland, Australia

AI Summary

Involuntary psychiatric treatment remains high and rising in Queensland despite human rights-based legislative reforms.
Lawyers attribute reliance on involuntary treatment to resource shortages, flaws in law and policy, service culture, and systemic barriers to less restrictive and voluntary care.
Recommended reforms include revising the Mental Health Act 2016, expanding community resources, ensuring consumer participation and legal representation, and strong leadership to drive systemic change.

Int J Law Psychiatry. 2026 May 4;108:102233. doi: 10.1016/j.ijlp.2026.102233. Online ahead of print.

ABSTRACT

OBJECTIVES: Despite the introduction of legislative changes aimed at a human rights-based approach to mental health care, the rates of involuntary treatment continue to be high and are rising in Queensland, Australia. This paper aims to explore the perspective of the Mental Health Review Tribunal legal members and independent legal representatives on the high and rising rates of involuntary psychiatric treatment in Queensland.

METHODS: A qualitative methodology was utilised through two separate focus group discussions comprised of the Mmental Hhealth review tribunal legal members and independent lawyers who represent consumers in the tribunal hearings. Participants opted into participation via an expression of interest process to share their opinions about the increased use of involuntary treatment under the Mental Health Act 2016 (Qld). Focus group discussions were hosted online and were recorded and transcribed for thematic analysis to identify key themes and sub-themes FINDINGS: Participants in both focus groups generally agreed that involuntary treatment was utilised out of necessity and often in preference to less restrictive options within the current system. This tendency was seen to be tied to resource limitations, issues with mental health law and policy, culture of the mental health services, and systemic issues preventing the uptake of less restrictive and voluntary treatment options CONCLUSION: To effect significant change in involuntary treatment rates, lawyers identified several practical strategies which included revision of the Mental Health Act 2016 (Qld), increased mental health resources especially in the community, supporting consumer participation and legal representation in the tribunal process, and robust leadership to drive meaningful systemic, cultural and attitudinal change in the mental health system.

PMID:42086002 | DOI:10.1016/j.ijlp.2026.102233

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