Dr Sam Boyle

Sam BoyleDr Sam Boyle is a senior lecturer in the School of Law at the Queensland University of Technology (QUT). He teaches and researches in the areas of medical law and mental health law. Sam is particularly interested in the following research areas:

  • how the law determines legal capacity,
  • involuntary treatment for mental illness, and
  • consent for medical treatment.

Sam is currently a visiting professor at the University of Ottawa, conducting research with Canadian colleagues into compulsory treatment for mental illness in Ontario.

Sam has a master’s in law from the University of Kent, UK, and a PhD from the University of Queensland. Sam has previously lectured at the University of Queensland, and the University of Kent. He is admitted as a solicitor in Queensland, and previously worked at LawRight (formerly QPILCH), a community legal centre.


‘Mental illness affects a very large number of people, but the legal rules around mental illness are not well understood. Mental health law involves fundamental ideas like freedom and responsibility, so it is an incredibly interesting and important topic. Also, our understanding of mental illness is changing all the time.

Ultimately, I want my research to help people affected by mental illness.’


Journal articles by Sam Boyle

Do compulsory mental health patients have a right to receive a second opinion on their treatment under Australian mental health legislation?

Boyle, Sam, Cockburn, Emma, Mandeville, Bianca (2024) Do compulsory mental health patients have a right to receive a second opinion on their treatment under Australian mental health legislation?. Australian and New Zealand Journal of Psychiatry.
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How to determine the capacity of a person with depression who requests voluntary assisted dying

Boyle, Sam, McGee, Andrew, Wood, Felicity (2024) How to determine the capacity of a person with depression who requests voluntary assisted dying. Psychiatry, Psychology and Law.
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Australia's Resistance to Implementing the Monitoring Mechanisms in the Optional Protocol to the Convention Against Torture

Duffy, Julia, Boyle, Sam (2024) Australia's Resistance to Implementing the Monitoring Mechanisms in the Optional Protocol to the Convention Against Torture: Restrictive Practices and People With Disabilities 'in the Community'. University of Louisville Law Review, 62 (3), pp.661-683.

How Healthcare Professionals' and Lawyers' Views Are Shaped by Values, and How This Might Impede Reform

Jager, Fiona, Boyle, Sam, Peron, Amelie (2024) Professional Values and Mental Health Tribunals: How Healthcare Professionals' and Lawyers' Views Are Shaped by Values, and How This Might Impede Reform. Issues in Mental Health Nursing, 45 (7), pp.695-705.
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Role of Subjectivity when Determining the Least Restrictive Alternative in Compulsory Treatment for Mental Illness

Boyle, Sam, Duffy, Julia, Del Villar, Katrine (2023) Role of Subjectivity when Determining the Least Restrictive Alternative in Compulsory Treatment for Mental Illness. Medicine and Law, 42 (4), pp.873-883.

Providing emergency medical care without consent: How the 'emergency principle' in Australian law protects against claims of trespass

Boyle, Sam, Stepanov, Nikola (2021) Providing emergency medical care without consent: How the 'emergency principle' in Australian law protects against claims of trespass. EMA - Emergency Medicine Australasia, 33 (3), pp.575-579.
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Procedural fairness in mental health review tribunals: The views of patient advocates

Boyle, Sam, Walsh, Tamara (2021) Procedural fairness in mental health review tribunals: The views of patient advocates. Psychiatry, Psychology and Law, 28 (2), pp.163-184.
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What Does 'Least Restrictive' or 'Less Restrictive' Mean in Mental Health Law?

Duffy, Julia, Boyle, Sam, Del Villar, Katrine (2023) What Does 'Least Restrictive' or 'Less Restrictive' Mean in Mental Health Law?: Contradictions and Confusion in the Case of Queensland, Australia. American Journal of Law and Medicine, 49 (2-3), pp.286-300.
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What can coronial cases tell us about the quality of emergency healthcare for prisoners in Australia?

Wu, Jessica, Boyle, Sam, Cockburn, Tina, Kelly, Anne-Maree (2023) What can coronial cases tell us about the quality of emergency healthcare for prisoners in Australia?. EMA - Emergency Medicine Australasia, 35 (3), pp.510-514.
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Improving Health to Reduce Risk of Youth Reoffending

Boyle, Sam, McCreanor, Victoria, Howe, Elizabeth, Vorsina, Margarita, Mathews, Ben, Zardo, Pauline, Prince, Sinead, Cockshaw, Wendell (2025) Improving Health to Reduce Risk of Youth Reoffending: Results of a Nurse Navigator Program for People Involved in the Youth Justice System. International Journal for Crime, Justice and Social Democracy.

Is the wisdom of a person's decision relevant to their capacity to make that decision?

Boyle, Sam (2020) Is the wisdom of a person's decision relevant to their capacity to make that decision?. Monash University Law Review, 46 (1), pp.39-57.

A Study into the Operation of the Queensland Mental Health Review Tribunal

Boyle, Sam, Walsh, Tamara, Nelson, Lucinda (2021) A Study into the Operation of the Queensland Mental Health Review Tribunal. Medical Law Review.

Providing emergency medical care without consent: How the ‘emergency principle’ in Australian law protects against claims of trespass

Boyle, Sam, Stepanov, Nikola (2021) Providing emergency medical care without consent: How the ‘emergency principle’ in Australian law protects against claims of trespass. EMA - Emergency Medicine Australasia, 33 (3), pp.575-579.
View on ePrints

Submission by Sam Boyle

Submission to National Children's Commissioner: Youth Justice and Child Wellbeing Reform

Boyle, Sam, Mathews, Ben, Prince, Sinead, Lewis, Bridget, Then, Shih-Ning, King, Michelle, Close, Eliana, Del Villar, Katrine, Chandra, Maya Rose, Duffy, Julia, et al. (2023) Submission to National Children's Commissioner: Youth Justice and Child Wellbeing Reform

Media by Sam Boyle

Study into Queensland's Mental Health Review Tribunal raises concerns about oversight of patients

Rory Callinan (2023) Study into Queensland's Mental Health Review Tribunal raises concerns about oversight of patients. ABC News.

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Prisoner of the state: What happens when the state rules you’re incapable of looking after yourself?

Anne Connolly (2023) Prisoner of the state: What happens when the state rules you’re incapable of looking after yourself?. ABC Investigations.

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Learn Me Right podcast episode

Episode Two – Learn Me Right in the Queensland Mental Health Tribunal
Sinead Prince and Ruthie Jeanneret talk with Dr Sam Boyle about the circumstances in which doctors can treat a person with a mental illness without their consent.

Sam discusses his research into the mental health review tribunal according to the perspectives of lawyers and advocates who represent patients in the tribunal:


Contact

  • Dr Sam Boyle

    Senior Lecturer, Faculty of Business and Law

    Dr Sam Boyle is a senior lecturer in the School of Law at the Queensland University of Technology (QUT). He teaches and researches in the areas of medical law and mental health law. Sam is particularly interested the following research areas:how the law determines legal capacity,involuntary treatment for mental illness,...