Inquest into the death of Ziad Hamawy

Case Number: 2019/108352

Findings Date: 21 July 2023

Magistrate: Harriet Grahame

CORONIAL LAW | manner of death; involuntary patient; consideration of medical care, mental health care and treatment provided by hospital; assessments undertaken as to whether the deceased was a mentally ill person or mentally disordered within the meaning of s 14 of the Mental Health Act; whether medical treatment and interventions during the admission were appropriate and adequate in the context of the legislative scheme then in operation (admission pursuant to orders made by Burwood Local Court under ss 33(1)(b) and 33(1D)(b) of the Mental Health (Forensic Provisions) Act 1990 (now repealed)); whether intervention or medical treatment of chronic mental illnesses or mental health conditions other than any acute drug intoxication implemented before discharge; whether a longer period of admission available and or necessary for treatment and stabilisation of mental state and function; time and circumstances of discharge from hospital and communications between NSW Police Force officers and clinical staff of hospital

Responses

Recommendations

NSW Police, Sydney Local Health District and South Western Sydney Local Health District (parties)

That parties to this inquest engage with the process apparently being undertaken to update the MOU – NSW Health – NSW Police Force to reflect the current legislative framework under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

That parties to this inquest provide input into that process (and to the review of the MOU between NSW Health and Corrective Services NSW) that will alert those undertaking the review to the problems that occurred in this case in relation to the communication between agencies and the documentation of orders and decisions.