Unlawful Detention, Gillick Competency, and Other Considerations within the Hospital / Emergency Setting
Unlawful Detention, Gillick Competency, and Other Considerations within the Hospital / Emergency Setting


Professor Anne-Maree Kelly is a senior emergency physician and research academic at Western Health, The University of Melbourne. She is also an adjunct professor at the Australian Centre for Health Law Research at Queensland University of Technology. Her interest in patient safety and clinical decision-making in ED, led her to the interface between law and medicine. She has completed more than 300 case reviews for coroners, APHRA and medical litigation (both defence and plaintiff). Her main areas of research in Law are expert evidence, especially how acceptance of clinical uncertainty and balancing risks is conveyed to courts, and police use of powers under Mental Health Acts.

Dr Susan Hertzberg is an Emergency Physician and senior staff specialist in Emergency Medicine at the Prince of Wales Hospital in Sydney. Dr Hertzberg has a Masters of Health Law and a Masters of Bioethics from the University of Sydney. She is a conjoint senior lecturer at the UNSW Clinical School. She has held many committee positions with the Australasian College for Emergency Medicine, including examination committee and ethics committee. She is a member of the Clinical Ethics Committee of the South East Sydney Local Health District. Dr Hertzberg is a senior medical advisor at Avant Mutual Medical Defence Organisation and is passionate about assisting doctors in times of crisis.

Emily is an experienced healthcare medical leader, board director, specialist general practitioner and academic, with a proven track record on overseeing and delivering innovative, yet complex health projects. At Calvary Amplar, Emily leads and oversees digital transformation, innovation and clinical governance, across the JV virtual programs. With a strong clinical governance background and safety reform agenda, through formal qualifications and as a medical administrator, she is passionate about how innovation can lead to better outcomes.

Alice Robinson has been a personal injury lawyer for over a decade and is passionate about guiding her clients through their claims with empathy and kindness. Alice grew up on the land in country Victoria and brings a practical approach to each of her clients, to help understand their unique situation and achieve a result tailored to their needs. Alice is an expert in medical negligence claims, with a special interest in birth injuries, spinal injuries, plastic surgery and brain injury claims. Before becoming a Director at Polaris, Alice was the Practice Leader of the Medical Law Department at one of Australia’s largest personal injury firms. Alice believes in a commonsense approach to litigation and medical law claims, to make the legal process more accessible to her clients. Over her career, Alice has had the privilege of acting for many clients from all walks of life and helping them move forward after suffering trauma within healthcare. More recently, Alice has immensely enjoyed supporting and mentoring more junior lawyers, to help them do their best for their clients. Alice is the proud mother of three young daughters, who help her understand that time and life are precious. She enjoys the work-life balance offered by a boutique firm, and the opportunities to offer a personalised experience for her clients, no matter what their case might be.

Erica has a decade of experience in insurance law. She acts for local, national and international insurers, as well as corporate clients in the health, construction, mining and oil & gas industries, defending a wide range of claims, with a focus on claims for personal injury damages. Experienced in working in the health sector, Erica has acted for hospitals, and medical and healthcare practitioners to defend medical negligence claims, and has a wealth of experience defending general liability claims (industrial accidents, occupiers’ liability & product liability) and complex workers’ compensation claims. She’s also advised in respect of the use of restraint and unlawful detention, challenging NDIA funding decisions, and defending medical product liability claims.






• Review of restrictive practices • Multi-jurisdictional perspective • Medico-legal rights and obligations • Duty of candour • Duty to warn • Consent and AI within the ED to support patient flow