LAWS6877 - Mental Illness: Law & Policy

Objectives

  • Examine the law relating to mental health issues in Australia including human rights principles.
  • Investigate the background material on the nature and incidence of mental illness, psychiatric and medical issues; consider criminological and public policy literature where relevant.
  • Explore substantive issues from civil treatment, welfare law and criminal law

Content

The social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform.

Session

Semester 2 Intensive
1, 2 & 8, 9 September 2014

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

  • 1 x 3,000 Word Assignment (40%)
  • 1 x 4,500 Word Essay (60%)

Continuing Professional Development (CPD)

You can credit this unit towards Continuing Professional Development (CPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Study.

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Criminology | Graduate Diploma in Criminology | Master of Health Law | Graduate Diploma in Health Law | Graduate Diploma in Public Health Law | Master of Administrative Law and Policy