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Unit of study_

LAWS6877: Mental Illness: Law and Policy

2025 unit information

This unit deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: 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. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Managing faculty or University school:

Sydney Law School

Study level Postgraduate
Academic unit Law
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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None
Assumed knowledge:
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None

At the completion of this unit, you should be able to:

  • LO1. Critically analyse the principles and precepts upon which contemporary mental health law is founded
  • LO2. Describe the historical roots of law and policy relating to mental illness and capacity
  • LO3. Assess the social and allied impact of mental illness on health law and policy
  • LO4. Examine the methods of diagnosis and treatment of mental illness
  • LO5. Critically analyse the framework of current mental health law and administration, with a focus on New South Wales
  • LO6. Analyse the interaction between individuals with mental illness and the criminal justice system, including police, courts, and corrections responses
  • LO7. Evaluate and propose reforms for mental health laws and policies

Unit availability

This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.

The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.

Session MoA ?  Location Outline ? 
Semester 2b 2024
Block mode Camperdown/Darlington, Sydney
Session MoA ?  Location Outline ? 
Intensive August - September 2025
Block mode Camperdown/Darlington, Sydney
Outline unavailable
Session MoA ?  Location Outline ? 
Intensive September - October 2021
Block mode Remote
Semester 2b 2022
Block mode Camperdown/Darlington, Sydney
Semester 2b 2022
Block mode Remote
Semester 2b 2023
Block mode Camperdown/Darlington, Sydney

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Modes of attendance (MoA)

This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.