---- Kerry O'Malley

Victory Against Forced Injection

The NSW Supreme Court accepted NSW Health’s admission that it was wrong to forcibly inject 74 year old Kerry O’Malley in a hearing on Monday July 13. The Court ordered that NSW Health pay her costs. Her lawyers Stephen Lawrence, Mark Higgins and Greg Schumer of Ross Hill Solicitors represented her pro-bono.

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After the hearing with the JA Team


Kerry O’Malley had an injection scheduled later that day. She said after the hearing: ‘I am now going to the beach to enjoy nature, and feel the relief of not having to fear them. Now they should leave me alone.’ She recorded a five minute interview on YouTube.

This is an massive personal victory for Kerry O’Malley. The injection caused severe mental and physical side effects such as increased anxiety, a lack of motivation, poor concentration, weight gain and loss of hair. The Health Dept accused her of wandering aimlessly on two occasions, and said she was a threat to herself as she was mentally ill.

The Health Dept’s lawyers told the Supreme Court that the Community Treatment Order that permitted the injection was invalid, and should be quashed since it was incorrectly authorised. However the lawyers said that they intended to make an application for a new order.

Access to Ms. O’Malley’s medical files was previously blocked by NSW Health. Her lawyers filed a subpoena to produce the files to the Court, but that has been avoided by this total capitulation.

The Consent Order to end the challenge will also include argument to have Kerry O’Malley’s name replaced onto the formal court proceedings. Her name had been reduced to the initials ‘KO’, stripping Ms O’Malley of her identity, supposedly to protect her privacy. She had explicitly gained consent under s.162 of the Mental Health Act in 2017 to use her name and proudly face the Health Dept as a real person. Her ‘treatment’ is shared with 5,000 anonymous people in NSW. The Duty Judge will consider this on Thursday 16th.


Kerry's Index page



Mental Tribunal threatens imprisonment for using name


Mental Tribunal threatens imprisonment for using name

Media release: Monday May 25, 2020

“The NSW Mental Health Review Tribunal has ordered Justice Action to take down a media release regarding the forced medication of Kerry O’Malley by 5pm today or face a year in prison and a $5000 fine” said Justice Action Coordinator Mr Brett Collins.

“The Tribunal is embarrassed by its impending exposure before the Supreme Court, and has only self interest in making such threats. We are proud to be standing with her” said Mr Collins.

“This 74-year-old mother of five has been bullied by the Health Department over many years. Her treatment has been exposed on our website for five years along with the successes in stopping her forced medication in the past. To prevent her from speaking out and using her name, is clearly not to protect her from damage but only to protect the Tribunal itself and the culture of mental health against vulnerable people like her. Meet her here said Mr Collins.

“She was refused any representation before the Tribunal, couldn’t inspect her file, and no evidence was provided of her being a risk of serious harm to herself or others. The medication is like poison. It makes her feel sick and gives her no benefit. The whole process is an outrage and totally unjustified” said Mr Collins.

“The case of Kerry O’Malley exposes the abuse of vulnerable people by the mental health system. Her experience is shared by more than 5,000 people in NSW and 17,000 in Australia each year. Forced medication may be convenient management, but in fact it constitutes abuse by the health profession against vulnerable people, whose rights are brushed aside with terms like 'care' and 'lack of insight'. Details of her grounds of appeal are here" said Mr Collins.

“Here is the threat and our response. The same issue of using your name was raised by ABC's Background Briefing program with Saeed Dezfouli" said Mr Collins

Kerry's Index page



Kerry tells her story

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Kerry O'Malley interview

Kerry talks about the impact of forced medication on her, the Tribunal hearing for the Community Treatment Order, the alternative plan she proposed, and what actually helps her live her life.
Here it is!

Justice Action is helping her challenge this outrageous order, which subjects her to the injection of anti-psychotic drugs causing serious side effects.

Kerry's case has been filed on appeal to the Supreme Court against the Mental Health Review Tribunal and the Nepean Local Health District.

She has received support from many legal and mental health organisations across the country, as well as individuals who are similarly affected.

Kerry's Index page

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Kerry appeals Supreme Court

Below is a copy of our request for support for Kerry O'Malley that has been distributed to mental health, legal and carer organisations across Australia. 


Kerry's support team





















Kerry's support team 


We ask you to support Kerry O’Malley’s appeal to the Supreme Court to stop her from being forcibly medicated. If we cannot protect this gentle 74-year-old mother of five from coercive treatment, then we are diminished as a community. Meet her here.

The case of Kerry O’Malley exposes the abuse of vulnerable people by the mental health system. Kerry was told that the law prevented her from being represented before the Mental Health Review Tribunal if she was not a patient. Because she lives at home, and therefore legally isn’t defined as a patient, no-one could represent her or help her examine her file.

The Penrith Health Service gave Kerry thirty minutes to look at six redacted pages instead of the whole file as the law requires. She was accused of sitting in a chemist shop, confused, for six hours. No evidence was given of her being a risk of serious harm to herself or others. In fact she has never hurt herself or anyone else.

The medication “Abilify” makes Kerry feel anxious and unmotivated. She has gained weight, sleeps badly and feels reduced as a person. She has the support of her own doctor, psychologist, family and church and with these to help her she feels safe and asks to be left alone. She said to the Tribunal: “My rights have been overlooked.”

Justice Action has supported her since 2015, when her former psychiatrist asked for our help.

The sitting Tribunal initially gave permission for her primary carer to be recognised as her representative and thus be given access to her file. However, after the treating psychiatrist raised an objection, two Deputy Presidents of the Tribunal overruled that decision and said that no person was allowed representation if they were not a patient locked in hospital.

The Tribunal rejected her proposed alternative plan, which incorporated medical and social intervention strategies to enhance Kerry’s autonomy over her own life and mental health. This was a rejection of the “recovery” approach in favour of the biomedical model of treatment.

Despite the previous psychiatrist’s admission that medication was “probably unnecessary”, the order made on April 1 this year permitted the Health Department to forcibly inject Kerry every month. The Tribunal scheduled a review on 30 September 2020.

Kerry O’Malley’s experience is shared by more than 5,000 people in NSW each year. The imposition of medication may be convenient management, but in fact constitutes serious abuse by the health profession against vulnerable people, whose protections have been brushed aside.

A document with details of the hearings and negotiations is here. Her index page here.

We ask you to assist us with legal representation before the Court, sending us a statement of concern or publicising her case so that it prevents others being treated similarly.


Please email your support to our team at This email address is being protected from spambots. You need JavaScript enabled to view it.


Kerry's index page 



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