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Sydney hospital urges court to halt magistrate referrals of mental health patients

A senior clinician at St Vincent’s Hospital asked a Sydney court to stop sending people deemed mentally ill to its overcrowded emergency department.

A senior clinical director at St Vincent’s Hospital petitioned Downing Centre Local Court to stop magistrates from sending people classified as mentally ill or cognitively impaired to its emergency department under Section 19b of the Mental Health and Cognitive Impairment Forensic Provisions Act. The hospital reported 17 mental-health patients in its ED, with 15 waiting for placement in already-full units and two held for ten days.

Professionals, including the chief executive of the Australian Society of Psychiatrists and a senior psychiatrist, warned that the trend signals systemic shortcomings in community-based care and that recent violent incidents linked to Section 19b orders underscore safety concerns. Data show court-ordered diversions rose from 435 in 2021 to 561 in 2025. The state’s mental-health minister noted a budget boost of more than 20 % aimed at strengthening community services, while experts suggest routing patients to their local health districts could alleviate pressure on city hospitals.

Why it matters

The case highlights how court-driven mental-health referrals are straining emergency services and exposing gaps in community care.

In this story

Section 19b ordersemergency departmentmental health patientscourt diversionscommunity mental health servicesbudget increasereoffending
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