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http://ssrn.com/abstract=1268104
 
 

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Pushing the Boundaries: Realising Rights Through Mental Health Tribunal Processes?


Terry Carney


University of Sydney - Faculty of Law

David Tait


University of Canberra

Fleur Aileen Beaupert


Independent Researcher

September 14, 2008

Sydney Law Review, Vol. 30, No. 2, pp. 329-356, 2008
Sydney Law School Research Paper No. 08/104

Abstract:     
Mental health jurisprudence traditionally was more concerned to protect negative or 'liberty' rights than to advance positive rights of access to needed mental health care and treatment. North American test case litigation contributed to advances in the quality of mental health and other services in some instances, but the record is patchy. Socio-legal studies of mental health tribunal operations in England and Wales suggest that health paradigms are dominant, and that legal norms and standards may be weak reeds in this setting. This article reviews the diverse legislative models in three main Australian jurisdictions before examining fieldwork data on the extent to which Australian mental health tribunal 'push the boundaries' of the law in order to obtain favourable treatment outcomes. It argues that, contrary to overseas experience, Australian tribunals merely 'nudge', rather than disturb, the legal boundaries.

Number of Pages in PDF File: 42

Keywords: mental health, treatment access, legal leverage, law in action, reform

JEL Classification: I10, I18, K10, K30, K40

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Date posted: September 16, 2008  

Suggested Citation

Carney, Terry and Tait, David and Beaupert, Fleur Aileen, Pushing the Boundaries: Realising Rights Through Mental Health Tribunal Processes? (September 14, 2008). Sydney Law Review, Vol. 30, No. 2, pp. 329-356, 2008; Sydney Law School Research Paper No. 08/104. Available at SSRN: http://ssrn.com/abstract=1268104

Contact Information

Terry Carney (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
David Tait
University of Canberra ( email )
Law Faculty
Canberra, ACT 2601
Australia
Fleur Aileen Beaupert
Independent Researcher ( email )
No Address Available
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