Rising to the human rights challenge in compulsory treatment--new approaches to mental health law in Australia

The Australian and New Zealand Journal of Psychiatry
Sascha Callaghan, Christopher J Ryan

Abstract

To analyse, and explain to Australasian psychiatrists, recent proposed changes to the terms of coercive treatment for mental illness in Tasmania and Victoria and to place the proposals in the context of a broader human rights framework that is likely to impact the future shape of mental health legislation more generally. The Australian law reform proposals are reviewed against the requirements of numerous human rights instruments, including the recently ratified United Nations Convention on the Rights of Persons with Disabilities. Ethical and legal arguments are made to support the proposed changes and to introduce others, taking into account academic commentary on mental health law and recent empirical work on the ability to usefully categorise patients by their likelihood of harm to self and others. The Victorian and Tasmanian draft mental health bills propose a new basis for compulsory psychiatric treatment in Australasia. If they become law, coercive psychiatric treatment could only be applied to patients who lack decision-making capacity. The Tasmanian draft bill also sets a new benchmark for timely independent review of compulsory treatment. However both jurisdictions propose to retain an 'additional harm' test which must...Continue Reading

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Citations

Jul 5, 2013·Social Psychiatry and Psychiatric Epidemiology·Giles Newton-HowesDoug Banks
Jan 18, 2015·Neuroscience Bulletin·Simei ZhangXiaoping Wang
May 31, 2013·Australasian Psychiatry : Bulletin of Royal Australian and New Zealand College of Psychiatrists·Christopher RyanMatthew Large
Apr 16, 2014·Australasian Psychiatry : Bulletin of Royal Australian and New Zealand College of Psychiatrists·Anthony J O'Brien
Mar 21, 2012·The Australian and New Zealand Journal of Psychiatry·Sascha Callaghan, Christopher J Ryan
Jul 3, 2013·The Australian and New Zealand Journal of Psychiatry·Sumit Anand, Paul A Pennington-Smith
Sep 28, 2013·The Australian and New Zealand Journal of Psychiatry·Michael Berk, Ajeet Singh
Feb 19, 2015·The Australian and New Zealand Journal of Psychiatry·Christopher RyanCarmelle Peisah
Apr 10, 2013·Australasian Psychiatry : Bulletin of Royal Australian and New Zealand College of Psychiatrists·Christopher James RyanMatthew Large
Jul 7, 2012·Australasian Psychiatry : Bulletin of Royal Australian and New Zealand College of Psychiatrists·Christopher RyanMatthew Large
Dec 5, 2014·International Journal of Mental Health Systems·Gordon C Shen, Lonnie R Snowden
Nov 23, 2017·Journal of Applied Gerontology : the Official Journal of the Southern Gerontological Society·Kezia ScalesKirsten N Corazzini
Mar 29, 2013·TAG. Theoretical and applied genetics. Theoretische und angewandte Genetik·N M PowellL A Boyd
Jul 7, 2019·Journal of Bioethical Inquiry·Benedict S B Chan
Jun 14, 2019·Australasian Psychiatry : Bulletin of Royal Australian and New Zealand College of Psychiatrists
Jun 6, 2019·Frontiers in Psychiatry·John McMillanToni Delany-Crowe
Feb 26, 2020·Australasian Psychiatry : Bulletin of Royal Australian and New Zealand College of Psychiatrists·Neeraj S GillAlan Rosen
Jul 22, 2021·Clinical Interventions in Aging·Cathal O'CionnaithCarmelle Peisah

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