This case concerned whether a patient's human rights were breached when a Victorian mental health hospital implemented a smoke free policy (smoking ban). The Court held that: (i) the hospital did not fail to give proper consideration to the plaintiff's Charter rights to property (s 20), humane treatment when deprived of liberty (s 22(1) and (3)) and right not to be subjected to medical treatment without consent (s 20(c)); (ii) the hospital's smoke free policy was within the hospital's powers under the Mental Health Act 2014; and (iii) the hospital's smoke free policy was not inconsistent with the Tobacco Act 1987.

Tuesday, March 22, 2016