Police officers who encounter a person contemplating suicide and are aware of their power under s 10 of the Mental Health Act 1986 (Vic) to apprehend that person may owe a common law duty of care to take reasonable steps to protect that person from suicide. The duty arises independently of the statute but is informed by the existence of the statutory power. The spouse of such a person may also be owed a duty of care to avoid foreseeable psychiatric injury. The 'chilling effect' policy concerns from the Hill line of authority do not apply to the exercise of health and safety powers directed at suicide prevention. Note: this was a 2-1 majority decision subsequently appealed to the High Court.
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