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

AUSTRALIAN MENTAL HEALTH TRIBUNALS: SPACE FOR FAIRNESS, FREEDOM, PROTECTION & TREATMENT, NSW: The Federation Press, 2011

Sydney Law School Research Paper No. 11/97

3 Pages Posted: 8 Dec 2011  

Terry Carney

The University of Sydney Law School

David Tait

University of Western Sydney - College of Arts

Alikki Vernon

La Trobe University School of Law

Julia Perry

The University of Sydney Law School

Fleur Aileen Beaupert

La Trobe University - School of Law

Date Written: December 8, 2011

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.

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

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

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: https://ssrn.com/abstract=1969713

Terry Carney (Contact Author)

The University of Sydney Law School ( email )

New 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

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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