‘Confusing, restrictive’: Cops call to overhaul mental health powers after Bondi attack

Queensland police officers want “confusing” legislation surrounding when they can legally detain a person for a mental health assessment rewritten, the Bondi Junction stabbing inquest has heard.

Queensland police officers have called for an overhaul of “confusing” legislation surrounding when they can legally detain a person for a mental health assessment, saying the current threshold is too “restrictive”.

Inspector Bernard Quinlan, the manager of the vulnerable persons group for Queensland police, gave evidence on Tuesday at the inquest into the Westfield Bondi Junction stabbing massacre, which is currently examining killer Joel Cauchi’s interactions with police in his home state in the years before his murderous rampage in April 2024.

Insp Quinlan said he would support a rewrite of the current legislation, which only allows for police to detain someone for an emergency examination authority if they are at immediate risk of self harm from what appears to be a major disturbance of the mind.

The inquest has heard an immediate threat to another person’s safety did not factor into the consideration.

“It’s very specific in terms of terminology … [and] very restrictive,” Insp Quinlan said.

“It’s confusing and … it’s a very high threshold that needs to be met.”

Bondi Junction killer Joel Cauchi. Pictures: Supplied

When asked if he would support changes to the legislation to make it more encompassing, Insp Quinlan agreed wholeheartedly.

“It should read the immediate risk to others as well … there should also be [a review] of what is the definition of serious harm.”

A tearful Andrew Cauchi, the father of Joel Cauchi, spoke to the media in the wake of the stabbings. Picture: NCA NewsWire/Tertius Pickard

The inquest heard officers who interacted with Cauchi at his parents Toowoomba home on January 8, 2023, formed the view they could not detain him for an immediate mental health assessment, despite believing he was probably unwell, because he was not at risk of self-harming or committing suicide.

They said Cauchi, who had called them with reports his father had “stolen” his collection of military knives, appeared coherent and calm during the interaction, which was caught on police body-worn cameras and played to the court on Monday.

In it, one of the officers can be heard telling the other about Cauchi being an unmedicated schizophrenic, that his family was concerned about his declining mental health, but both agreed they were powerless to schedule him.

“So he’s not made any threats to harm anyone or, but he’s just like, he’s up at 3am and he’s pacing around and sort of being a bit disruptive,” the female officer told her colleague.

Michele Cauchi, the mother of Joel Cauchi, just wanted to get her sone some mental help, the inquest heard. Picture: NCA NewsWire/Tertius Pickard

“Mum just wants him to get help. I let her know that he’s not said anything that would have us take him away or get him assessed or anything like that.”

However, the court heard one of the officers was concerned enough about Cauchi’s mental state that he emailed one of the QPS’s mental health intervention co-ordinators requesting a follow up for the Cauchi family.

The co-ordinator, who was not the substantive officer in the position but had been filling in for about a month, told the court on Monday he received the email but had forgotten to initiate a follow up – a matter he said weighed heavily on him.

“I believe I inadvertently overlooked making contact as requested in the email,” he said.

“I can’t provide an explanation for the lack of contact.”

On Tuesday, the officer who normally fills the role teared up when she spoke of her colleague missing the email.

“It’s devastating [he missed the email] but it’s not indicative of him as an officer,” she said, telling the inquest she received up to 40 emails a day when doing the role.

She said the service was greatly under-resourced when it came to dealing with mental health requests for help.

“In a perfect world I would love to have three extra staff under my banner,” she said.

The inquest continues.