Australian and Canadian Mental Health Acts Compared
Monash University Faculty of Law Legal Studies Research Paper No. 61
Australian and New Zealand Journal of Psychiatry, Vol. 1126, No. 44, 2010
Posted: 1 Dec 2011 Last revised: 20 Aug 2013
Date Written: 2010
Abstract
The main objective of this paper is to compare the mental health Acts of the eight Australian jurisdictions and the 13 Canadian jurisdictions on three major issues: involuntary admission criteria, treatment authorization/consent and compulsory treatment in the community, in the light of international trends towards patients’ rights. The paper concludes that there are significant philosophical differences regarding the purpose of involuntary admission between Australian and some Canadian jurisdictions where treatment refusal is possible. Australian mental health Acts have a relatively stronger ‘treatment’ focus than some Canadian Acts. The apparently stronger ‘rights’ focus of some Canadian laws (such as the permission of treatment refusal) can paradoxically result in a denial of liberty rights. The way in which the relevant legislation is shaped in both countries will increasingly be affected by international trends towards the rights of individuals with disabilities.
Keywords: mental health, Australia, Canada, involuntary admission, treatment authorization, consent, compulsory treatment, disabilities
JEL Classification: K00, K10, K19, K30, K32, K33
Suggested Citation: Suggested Citation
