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

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

29 Pages Posted: 16 Sep 2008 Last revised: 28 Dec 2019

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Fleur Beaupert

Independent

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 AO, Terry and Beaupert, Fleur, 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, Available at SSRN: https://ssrn.com/abstract=1268135

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

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

Fleur Beaupert

Independent ( email )

No Address Available
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
190
Abstract Views
1,392
rank
172,975
PlumX Metrics