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 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?
citations on Scopus
How to determine the capacity of a person with depression who requests voluntary assisted dying
citations on Scopus
Australia's Resistance to Implementing the Monitoring Mechanisms in the Optional Protocol to the Convention Against Torture
How Healthcare Professionals' and Lawyers' Views Are Shaped by Values, and How This Might Impede Reform
citations on Scopus
Role of Subjectivity when Determining the Least Restrictive Alternative in Compulsory Treatment for Mental Illness
Providing emergency medical care without consent: How the 'emergency principle' in Australian law protects against claims of trespass
citations on Web of Science
citations on Scopus
Procedural fairness in mental health review tribunals: The views of patient advocates
2 citations on Web of Science
4 citations on Scopus
What Does 'Least Restrictive' or 'Less Restrictive' Mean in Mental Health Law?
citations on Scopus
What can coronial cases tell us about the quality of emergency healthcare for prisoners in Australia?
citations on Web of Science
2 citations on Scopus
Improving Health to Reduce Risk of Youth Reoffending
Is the wisdom of a person's decision relevant to their capacity to make that decision?
A Study into the Operation of the Queensland Mental Health Review Tribunal
Providing emergency medical care without consent: How the ‘emergency principle’ in Australian law protects against claims of trespass
citations on Web of Science
citations on Scopus
Submission by Sam Boyle
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

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

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:

