Skip to Content

Australian Mental Health Tribunals

Space for Fairness, Freedom, Protection and Treatment?

By Terry Carney, Julia Perry, Alikki Vernon, Fleur Beaupert, Terry Carney

Federation Press – 2013 – 368 pages

Purchasing Options:

Description

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 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.

Contents

Human Rights Frameworks

Mental Health laws and processes

Theoretical frameworks and prior research findings

A legal, health or social domain?

Statistical overview of the three mental health tribunals

The pre-hearing journey towards a hearing

The substantive “workings” of hearings

Cognate “spaces” around and after hearings

Overview and Recommendations

Future Directionsfor Australian mental health tribunals?

Author Bio

Terry Carney

Professor Terry Carney, from the University of Sydney Law Faculty, specialises in welfare law, including social security, disability and ageing, adult guardianship, mental health and health law.

Professor Carney is Immediate Past President of the International Academy of Law and Mental Health, a member of the federal Social Security Appeals Tribunal, and former chair of various State and Commonwealth Inquiries.

Titles by Terry Carney:

•Brave New World of Health

•The Adult Guardianship Experiment - Tribunals and popular justice

•Australian Mental Health Tribunals - Space for Fairness, Freedom, Protection and Treatment? - Recent Release

•Contractualism and Citizenship

•Social Security Law and Policy

David Tait

Titles by David Tait:

•The Adult Guardianship Experiment - Tribunals and popular justice

•Australian Mental Health Tribunals - Space for Fairness, Freedom, Protection and Treatment? - Recent Release

Julia Perry

Titles by Julia Perry:

•Australian Mental Health Tribunals - Space for Fairness, Freedom, Protection and Treatment? - Recent Release

Alikki Vernon

Titles by Alikki Vernon:

•Australian Mental Health Tribunals - Space for Fairness, Freedom, Protection and Treatment? - Recent Release

Fleur Beaupert

Titles by Fleur Beaupert:

•Australian Mental Health Tribunals - Space for Fairness, Freedom, Protection and Treatment? - Recent Release

Name: Australian Mental Health Tribunals: Space for Fairness, Freedom, Protection and Treatment? (Paperback)Federation Press 
Description: By Terry Carney, Julia Perry, Alikki Vernon, Fleur Beaupert, Terry Carney. 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...
Categories: Criminology and Law, Australian Law, Jurisprudence & General Issues, Socio-Legal Studies