Major Health Service Charged Over Patient Death in Emergency Care
11 May 2026•BlueSafe Team•Source: WorkSafe VIC
Melbourne Health has been charged under Victoria’s Occupational Health and Safety Act following the death of a patient who took their own life after presenting for an emergency mental health assessment.
Melbourne Health has been charged with two alleged breaches of Victoria’s Occupational Health and Safety Act in relation to the death of a patient who took their own life following admission for an emergency mental health assessment in June 2024.
WorkSafe Victoria has filed one charge under section 23(1) of the OHS Act, alleging Melbourne Health failed to ensure that persons other than employees were not exposed to risks to their health and safety. This provision places a duty on employers to protect visitors, patients, contractors and other non-employees from reasonably foreseeable hazards arising from the conduct of their undertaking.
A second charge has been laid under section 26(1) of the OHS Act, alleging the organisation did not ensure that a workplace under its management and control was safe and without risks to health, so far as was reasonably practicable. This duty includes ensuring that systems of work, physical environments and clinical processes are adequately planned, resourced and monitored to reduce risk, particularly in high-risk areas such as emergency and mental health services.
The incident highlights the critical importance for health services to maintain robust WHS management systems, mental health risk controls and clear clinical escalation pathways. Comprehensive policies, procedures and Safe Work Method Statements (SWMS) for managing patients at risk of self-harm or suicide, effective supervision arrangements and timely communication between clinical teams are central elements of due diligence in such environments. Health providers seeking to strengthen their WHS documentation and governance frameworks can access tailored WHS management systems and policies at this link and this link.
The matter is listed for a filing hearing at the Melbourne Magistrates’ Court on 2 June 2026. As the case is now before the court, no further details about the circumstances of the incident or the specific allegations are available at this time.