Outline

Overview

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.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Christopher Rudge, christopher.rudge@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Report assignment (30%) Written assessment	30%	Week 04 Due date: 11 Oct 2023 at 23:59 Closing date: 20 Oct 2023	2500 words / 31 days
Outcomes assessed:
Assignment	Research Paper abstract proposal (10%) Research paper outline on a unit topic of student choice	10%	Week 06 Due date: 23 Oct 2023 at 09:00 Closing date: 30 Oct 2023	1000 words / 23 days
Outcomes assessed:
Assignment	Capstone essay proposal (10%) - with approval Capstone essay outline on a unit topic of student choice	0%	Week 06 Due date: 23 Oct 2023 at 09:00 Closing date: 30 Oct 2023	1000 words / 23 days
Outcomes assessed:
Assignment	Video recorded conference paper (10%) Video recording	10%	Week 08 Due date: 06 Nov 2023 at 09:00 Closing date: 13 Nov 2023	5 minutes
Outcomes assessed:
Assignment	Research paper (50%) Research paper	50%	Week 08 Due date: 12 Nov 2023 at 17:00 Closing date: 26 Nov 2023	3500 words / 43 days
Outcomes assessed:
Assignment	Capstone Essay (90%) - with approval Capstone essay for LLM students	0%	Week 08 Due date: 12 Nov 2023 at 17:00 Closing date: 26 Nov 2023	7000 / 43 days
Outcomes assessed:

Assessment summary

Report on the CRPD’s inclusion of psychosocial disability (30%)

Release date: 10 September 2023, 2.30pm, Sydney Australia time

Due date: 11 October 2023, 11.59pm, Sydney Australia time

2500 words, including references.
Include at least four scholarly perspectives and an analysis of their point of view about whether and how psychosocial disability (mental illness) is a disability or whether rights-based legalism based on the CRPD’s inclusion of mental illness is an advancement or otherwise when it comes to the lived experience of people with mental illness.
In addition to including the four perspectives, also include an explanation as to why you chose these perspectives in the first paragraph or last paragraph of the section.

Research paper abstract (10%)

Release date: 1 October 2023, Sydney Australia time

Due date: 9am, Monday 23 October 2023, Sydney Australia time

Maximum 1000 words, including references.
Write an abstract for a research paper under the theme of one of the topics in the UOS reading guide (excluding human rights).
Base the abstract on the length and style of an abstract in the UNSW Law Journal, Sydney Law Review or Melbourne Law Review.
Provide commentary on the process by which you developed the abstract, and include earlier drafts composed over the course of the 20 days if possible.
Identify any abstracts or journal articles you discovered that inspired or shaped your composition.
Write a draft table of contents to accompany the abstract in the style of the MULR for the purposes of developing your essay plan.

Video recorded conference paper (10%)

Release date: 1 October 2023, Sydney Australia time

Due date: 9am, 6 November 2023, Sydney Australia time

Maximum 5 minutes.
Present your research paper and its arguments in a 5-minute conference presentation, recorded as a video file and uploaded to Canvas.
This is not a live conference, but a ‘mock’ conference in which everyone updates their research papers, presenting their arguments and findings.
5-minute papers tend to be about 500 words long; however, you should probably try and develop a presentation that has an introduction, body, and conclusion, so that, really, you might have a piece of writing that is about 1500 words (presuming a draft of 500 words for each component) and then distilled into a shorter length for the presentation.

Research paper (50%)

Release date: 1 October 2023, Sydney Australia time

Due date: 5pm, 12 November 2023, Sydney Australia time

3500 words, including references.
Research paper generally under the primary theme of any one of the 13 topics identified in the Reading Guide.
Must include reference to at least 5 academic works in the Reading Guide (or, if primarily analysing statute, then at least 5 cases in or not in the Reading Guide).
The research essay is the culmination of your abstract and conference presentation process.
Following the conference presentation, which would have involved a written draft, the essay becomes the finished and polished product of that draft.

For LLM students only: Capstone essay (100%)

LLM students who are undertaking this unit towards the end of their degree, and need a capstone experience to complete their degree, must apply to the unit coordinator to undertake the assessment option of a Capstone Essay. The Capstone Essay (including the proposal) will replace all assessments in this unit and is worth 100% of your marks for the unit.

The Capstone Essay (including the proposal) must be a total of 8000 words. Your essay topic should respond to the material covered in the present unit. However, at the same time, in order to serve as a capstone for your LLM, it should build upon the learning that has taken place during your LLM studies more generally.

Completion of the Capstone essay comprises the following assessment tasks:

1000 word Capstone essay proposal (10%) is due 9am, Monday 23 October 2023, Sydney Australia time and it must be submitted to the unit coordinator for approval by email. A copy of the approval email must be kept and included with the submissions.
7000 word Capstone essay (90%) is due 5pm, 12 November 2023, Sydney Australia time

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will include all footnotes and any bibliography (if required).

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 9am but by 11:59pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. Canvas allows students to submit after the deadline, but all submissions after the due date and time will be recorded as late. The date and time of submission as recorded by Canvas is taken as the official and final record of a student's submission.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Ongoing	History of Australian Mental Illness Law; Approaches to Mental Illness Law; Australian Mental Illness Policy; Human Rights.	Seminar (6.5 hr)
	Human Rights and Mental Health; Psychiatric Practice Law; Mental Illness Law in COVID-19; Coercion and Involuntary Treatment.	Seminar (6.5 hr)
	Coercion and Involuntary Treatment; ECT and Special Medical Treatments; Community Treatment; Guardianship and FMOs.	Seminar (6.5 hr)
	Mental Illness and Criminal Justice; The ‘New’ NSW Forensic Provisions Act (‘MHCIFPA’); Winds of Change.	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library and are available on Canvas.

Howard, Dan and Westmore, Bruce (eds), Crime and Mental Health Law in New South Wales: A Practical Guide for Lawyers and Health Care Professionals (LexisNexis Butterworths, 2018, 3rd ed) (‘Howard and Westmore’).
Johnson, Anina, Eagle, Kerri, and Goodhand, Corrie, Crime and Mental Health Law in New South Wales: Supplement to the 3rd Edition (LexisNexis Butterworths, 2021) (‘Supplement’).
McSherry, Bernadette and Weller, Penelope (eds), Rethinking Rights-Based Mental Health Laws (Hart Publishing, 2010) (‘McSherry and Weller’).
Mental Health Coordinating Council (MHCC), ‘The Mental Health Rights Manual: An Online Guide to the Legal and Human Rights of People Navigating the Mental Health and Human Service Systems in NSW’ (MHCC, 2015, 4th ed) (‘MHCC Manual’).

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

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

LO1. demonstrate an understanding of the principles and precepts upon which contemporary mental health law is founded
LO2. trace the historical roots of the law and policy relating to mental illness and capacity
LO3. appreciate the nature of the social and allied impact of mental illness upon health law and policy
LO4. understand in a general way how mental illness is both diagnosed and treated
LO5. have knowledge of and appreciation for the framework of current mental health law and administration, with particular reference to New South Wales
LO6. consider the way in which mentally ill people come in contact with the criminal justice system, and the response made to such contact by the police, courts and corrections
LO7. review and discuss proposals to reform mental health laws and improve mental health policies.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Assessment regime has been redesigned.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6877: Mental Illness: Law and Policy

Semester 2b, 2023 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect