Mental Health Tribunals: Rights Drowning in Un-'Chartered' Health Waters?

Australian Journal of Human Right, Vol. 3, No. 2, pp. 181-208, 2008

Sydney Law School Research Paper No. 08/106

29 Pages Posted: 16 Sep 2008  

Terry Carney

The University of Sydney Law School

Fleur Aileen Beaupert

La Trobe University - School of Law

Date Written: September, 15 2008

Abstract

This article assesses features of mental heath legislation relating to compulsory treatment and mental health tribunal processes against domestic 'Charters' of rights recently enacted in Victoria and the Australian Capital Territory. It is argued that genuinely interdisciplinary, multi-member mental health tribunals are vital to the quality of decision-making, and mental health tribunals should be funded to enable them to spend adequate time assessing the merits of each case in line with civil rights standards for prompt and fair hearings, especially where individual liberty is at stake. Because overseas research demonstrates that mental health is a very special jurisdiction, the article summarises those findings before turning to the human rights implications.

Keywords: Mental health, human rights, tribunal membership, resourcing, social and economic rights

JEL Classification: I10, I18, K10, K30, K32, K40

Suggested Citation

Carney, Terry and Beaupert, Fleur Aileen, Mental Health Tribunals: Rights Drowning in Un-'Chartered' Health Waters? (September, 15 2008). Australian Journal of Human Right, Vol. 3, No. 2, pp. 181-208, 2008; Sydney Law School Research Paper No. 08/106. Available at SSRN: https://ssrn.com/abstract=1268135

Terry Carney (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Fleur Aileen Beaupert

La Trobe University - School of Law ( email )

Melbourne
Victoria, 3086
Australia

HOME PAGE: http://www.latrobe.edu.au/law

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