Law and Justice Foundation of New South Wales the Legal Needs of People with a Mental Illness in NSW (original) (raw)
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Mental Health Law and Practice: Civil and Criminal Aspects (Table of Contents and Index)
2009
Darius Whelan, Mental Health Law and Practice: Civil and Criminal Aspects (Dublin: Thomson Round Hall, 2009) ISBN: 9781858005102 ISBN-10: 1858005102 / 1858005108 Can be ordered on Round Hall Site - www.roundhall.ie May also be ordered from Law Books Ireland, Kenny's Bookshop or Wildy & Sons (UK) Table of Contents and Index of Book Extracts from publisher's brochure: This book is a comprehensive examination of the civil and criminal aspects of mental health law. It guides the practitioner and mental health professional through the legal process of dealing with people with mental disorders from voluntary and involuntary admission to hospital to the role of doctors and psychiatrists. Includes full analysis of the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006. Far-reaching changes have been introduced by the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006. This new title makes sure that you get to grips with these changes. The scheme of the Mental Capacity Bill 2008 is also discussed. Deals with all Regulations, Rules, Codes of Practice and Guides, e.g. Mental Health Act 2001 (Approved Centres) Regulations, Rules Governing the Use of Electro-Convulsive Therapy, Rules Governing the Use of Seclusion and Mechanical Means of Bodily Restraint, Code of Practice Relating to Admission of Children under the Mental Health Act 2001. MENTAL HEALTH LAW AND PRACTICE Walks you step by step through civil commitment - ensuring that you have a complete grasp of both the legal criteria and the procedure. Includes a full examination of the jurisdiction of Mental Health Tribunals. Ensures that you fully understand the scope and limitations of the role of the Mental Health (Criminal Law) Review Board along with answering vital questions such as who can request a review, who is entitled to attend a review board hearing and who is responsible for providing legal representation for the patient. Helps you get to grips with the extent of powers under section 13 of the Criminal Law (Insanity) Act 2006 in relation to conditional discharge. Includes extensive references to ECHR case-law to help you understand the complex relationship between constitutional and human rights and mental heath law. Includes comparisons with legislation and case-law in other jurisdictions, e.g. England and Wales. Makes effective use of case law to illustrate points of law. Includes S.M. v Mental Health Commission (2008), J.B. v Mental Health (Criminal Law) Review Board (2008) and E.H. v Clinical Director of St Vincent's Hospital (2009). AUTHOR: Dr Darius Whelan B.L. is a lecturer at the Faculty of Law, University College Cork. He is currently President of the Mental Health Lawyers Association, the members of which represent patients admitted to approved centres under the Mental Health Act 2001 Foreword by Mr Justice Brian McCracken, Chairperson, Mental Health (Criminal Law) Review Board. CONTENTS Part One: General Matters Principles of Mental Health Law Remedies and Institutions Part Two: Civil Aspects Legal Criteria for Involuntary Civil Admission Admission under the Mental Health Act 2001 Voluntary Patients Renewal Orders Mental Health Tribunals Mental Health Tribunal Hearings Scope of Mental Health Tribunal Reviews Treatment for a Mental Disorder Common Law Duties: Negligence and Confidentiality Requirements Concerning Institutional Care Mental Capacity Mental Health and other aspects of civil law Part Three: Criminal Aspects The Insanity Defence Diminished Responsibility and Infanticide Fitness for Trial Reviews by the Mental Health (Criminal law) Review Board Mental Health and other aspects of Criminal Law"
Australian Mental Health Tribunals: Space for Fairness, Freedom, Protection & Treatment?
2011
This monograph provides a comprehensive examination of mental health tribunal hearings in Australia. It deals with a wide and far-reaching landscape of theories and concepts and their practical application to the day-to-day operations of the tribunals in the states and territories of New South Wales, Victoria and the Australian Capital Territory. The study is extensive and broad in its approach, going beyond a critical assessment of the individual tribunals to an examination of the supporting mental health services, and of the complex area of human rights as they relate to the care and treatment of people with a mental illness. It documents the universal tensions between the ‘pragmatic’ (what is ‘affordable’ and ‘politically acceptable’), the ‘normative’ (human rights and common law principles) and the ‘evidence based’ (what ‘works best’). The entire discourse is framed within a concern to uphold the rights of those living with a mental illness and a desire to bring about paradigm-s...
International Journal of Integrated Care, 2024
Introduction: Legal issues are known to affect and be affected by mental health. But to what extent do legal issues surface in mental health settings and what do staff feel they need to support clients experiencing these issues? These questions were explored by a national mental health service interested in the potential for health justice partnership with local community based legal services. Methods: A survey of 999 frontline staff of a national mental health organisation. 146 staff (15%) responded from 70 service sites across Australia, including peer support workers (47%), support workers (20%), team leaders (17%) and clinicians (15%).
Mental Health Through the Lens of Law
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In 1959, The Mental Health Act became the first parliamentary act on mental health, intertwining the subject of legislation and mental health, resulting in a more serious consideration of mental health in parliament. This article will explore to what current extent legislation either reinforces or discourages the idea of an intersection between mental health and law. Consequently, an extensive review of the existing literature on mental health and human rights violations was conducted. Preliminary research and literature review argue that extensive evidence supports a connection between law and mental health. Contemporary times have elevated the importance and relevance of mental health within the law. This has primarily been caused by a greater understanding of sociological theories and a better understanding of how mental illness is related to our health in general. However, the reverse can be argued through the continuity of mental health as a definition, something that is not bo...
Alternative Law Journal, 2017
This article considers how the Victorian Mental Health Act 2014 extinguishes the right of people with a mental illness to refuse treatment in light of the Convention on the Rights of Persons with Disabilities, which prohibits detention or compulsory treatment on the basis of a person's disability. Three possible resolutions of this inconsistency are proposed and considered: repealing the Mental Health Act 2014, delinking disability from compulsory treatment, and maintaining legal capacity by supporting mental capacity.
The concept of capacity in Australian mental health law reform: Going in the wrong direction?
International Journal of Law and Psychiatry, 2015
The six Australian states and two territories each have legislation that enables the involuntary detention and treatment of individuals diagnosed with mental illness who are considered in need of treatment and where there is evidence of a risk of harm to self or others. A number of governments have undertaken or are currently undertaking reviews of mental health laws in light of the Australian Government's ratification of the Convention on the Rights of Persons with Disabilities. While United Nations bodies have made it clear that laws which enable the detention of and substituted decision-making for persons with disabilities should be abolished, debates in Australia about the reform of mental health legislation have largely focused on Article 12 of the CRPD and what is meant by the right of persons with disabilities to enjoy legal capacity on an equal basis with others. It is argued that a more holistic view of the CRPD rather than the current narrow focus on Article 12 would best serve the needs of persons with mental impairments.
Mental Health Law and the Courts 0
2017
This paper presents an analysis of the early Charter cases dealing with civil commitment and compulsory treatment of individuals under provincial mental health legislation. The author describes two models for dealing with these issues: the paternalistic model and the social control model. She argues that Canadian courts have adopted a paternalistic approach and, as such, have failed to recognize the adversary relationship between the state and the individual which forms the basis of involuntary psychiatry. Courts have thus failed to develop the kinds of procedural protections that are available in the criminal law context. The author proposes that courts making decisions dealing with civil mental health issues should rely less on paternalism and recognize the serious deprivations of liberty at stake for individuals in the mental health system. This article is available in Osgoode Hall Law Journal: http://digitalcommons.osgoode.yorku.ca/ohlj/vol29/iss4/4 MENTAL HEALTH LAW AND THE COU...