Abstract

http://ssrn.com/abstract=1969713
 


 



Australian Mental Health Tribunals: Space for Fairness, Freedom, Protection & Treatment?


Terry Carney


University of Sydney - Faculty of Law

David Tait


University of Western Sydney - College of Arts

Alikki Vernon


La Trobe University School of Law

Julia Perry


University of Sydney - Faculty of Law

Fleur Aileen Beaupert


Independent Researcher

December 8, 2011

AUSTRALIAN MENTAL HEALTH TRIBUNALS: SPACE FOR FAIRNESS, FREEDOM, PROTECTION & TREATMENT, NSW: The Federation Press, 2011
Sydney Law School Research Paper No. 11/97

Abstract:     
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-shifting changes to improve mental health processes for all stakeholders. It presents considered views on tribunals’ future directions, commending existing ‘good practices’ and charting possible directions for reform of legislation and operations.

Number of Pages in PDF File: 3

Keywords: mental health tribunals, review of treatment, access to treatment, socio-legal evaluation, civil commitment

JEL Classification: K10, K30, K19, I18, K32

Accepted Paper Series


Download This Paper

Date posted: December 8, 2011  

Suggested Citation

Carney, Terry and Tait, David and Vernon, Alikki and Perry, Julia and Beaupert, Fleur Aileen, Australian Mental Health Tribunals: Space for Fairness, Freedom, Protection & Treatment? (December 8, 2011). AUSTRALIAN MENTAL HEALTH TRIBUNALS: SPACE FOR FAIRNESS, FREEDOM, PROTECTION & TREATMENT, NSW: The Federation Press, 2011; Sydney Law School Research Paper No. 11/97. Available at SSRN: http://ssrn.com/abstract=1969713

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 Western Sydney - College of Arts ( email )
PO Box 10
Kingswood, NSW 2747
Australia
Alikki Vernon
La Trobe University School of Law ( email )
Bundoora, Vic,, 3086
Australia
+61 3 9479 1200 (Phone)
+61 3 9479 1607 (Fax)
HOME PAGE: http://www.latrobe.edu.au/cr/
Julia Perry
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Fleur Aileen Beaupert
Independent Researcher ( email )
No Address Available
Feedback to SSRN


Paper statistics
Abstract Views: 486
Downloads: 99
Download Rank: 157,895

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.219 seconds