Bernadette Mcsherry
Biographic Data
| ID | 4092101 |
|---|---|
| NAME | Bernadette Mcsherry |
| GIVEN NAMES | Bernadette |
| FAMILY NAME | Mcsherry |
| SIGNATURE | MCSHERRY B |
| AFFILIATIONS | Australian Regenerative Medicine Institute |
| ORCID | 0000-0002-2575-0110 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 14 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2020 |
| H-INDEX | 2 |
Mental health, mental capacity, ethics, and the law in the context of Covid-19 (coronavirus)
Community Treatment Orders and Supported Decision-Making
This paper presents findings from an interdisciplinary project undertaken in Victoria, Australia, investigating the barriers and facilitators to supported decision-making (SDM) for people living with diagnoses including schizophrenia, psychosis, bipolar disorder, and severe depression; family members supporting them; and mental health practitioners, including psychiatrists. We considered how SDM can be used to align Australian laws and practice w…
Regulating restraint use in mental health and aged care settings: Lessons from the Oakden scandal
This article argues that there exist unnecessary gaps in the regulation of the use of physical, mechanical and chemical restraints in mental health and aged care settings. While the use of these forms of restraint may be rationalised on the basis of preventing harm to self or others, there are adverse consequences that necessitate the minimisation, if not elimination, of their use. The overuse of mechanical and chemical restraints at the Oakden O…
From Safety Nets to Support Networks: Beyond ‘Vulnerability’ in Protection for Consumers with Cognitive Disabilities
This article considers the significance of the obligations in the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) for consumer protection law and policy. The current legal response to consumers who require additional decision-making support is primarily focused on mechanisms to release consumers classified as ‘vulnerable’ from transactions tainted by concerns about a lack of genuine consent. While these legal respons…
Human Rights and Unfitness to Plead: The Demands of the Convention on the Rights of Persons with Disabilities
Findings of unfitness to plead can result in individuals with cognitive disabilities losing access to procedural safeguards in the criminal justice system. They can also lead to long periods of detention and, in some cases, indefinite detention of persons with cognitive disabilities in prisons and other secure facilities. This raises significant concerns with human rights breaches, including the rights to legal capacity, a fair trial and liberty.…
Treat with care: The right to informed consent for medical treatment of persons with mental impairments in Australia
One of the most controversial questions that arose during negotiations on the United Nations Convention on the Rights of Persons (CRPD) concerned whether or not health interventions could ever be performed without the recipient’s consent. This is particularly important in relation to persons with severe mental impairments whose consent to or refusal of treatment may be rendered irrelevant under mental health or guardianship legislation. In its Ge…
The Preventive Detention of “Dangerous” Sex Offenders in Australia: Perspectives at the Coalface
Four Australian states, Queensland, New South Wales, Western Australia and Victoria as well as the Northern Territory have enacted laws that enable the continued detention in prison of “dangerous” sex offenders beyond the completion of their sentence. This has proved to be a popular response from a political and social policy perspective, with the New South Wales government recently extending its scheme to include serious violent offenders. While…
Dangerous People: Policy, Prediction, and Practice
TEST 02 - Elsevier's Scopus, the largest abstract and citation database of peer-reviewed literature. Search and access research from the science, technology, medicine, social sciences and arts and humanities fields
Without Sex: Slavery, Trafficking in Persons and the Exploitation of Labour in Australia
The differing approaches to the investigation of the cases of Aprint and Wei Tang set out in the introduction raise concerns that the focus in relation to offences of slavery and trafficking in persons has been too much on sexual exploitation. The UN Protocol and the offences set out in the Criminal Code (Cth) encompass forced labour and debt bondage that go beyond sexual servitude.While Chief Justice Gleeson in Wei Tang pointed out that there ma…
Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights
The response to the trafficking of women is primarily dominated by the discourse of criminal law both internationally and nationally. By contrast, in the refugee law context, women are constructed as victims in a ‘culturally relative’, patriarchal society. This paper explores the tensions between these constructs and the practical responses to protecting trafficked women. Taking Australia's policy response to the trafficking of women in the Asia-…
Psychologists' perceptions of legal and ethical requirements for breaching confidentiality
This paper outlines the legal and ethical duties of psychologists in relation to preserving as well as breaching confidentiality in therapeutic relationships. It analyses the results of a questionnaire examining psychologists' perceptions of the legal and ethical constraints on confidentiality and their likelihood of breaching confidentiality in different situations. The vast majority of participants indicated that the law permits them to disclos…
Trafficking in Persons: A Critical Analysis of the New Criminal Code Offences
The new Criminal Code contains new trafficking and debt bondage offences which are in the right direction towards trafficking in persons. Such legislative provisions are expected to prevent a repeat of the appalling circumstances surrounding the death case of Puagthong Simaplee
The Criminal Justice Response to Trafficking in Persons: Practical Problems with Enforcement in the Asia-Pacific Region
Attempts to address the problem of trafficking in persons on an international, regional and national basis are relatively recent. The ‘Bali Process’ refers to an ongoing programme of practical cooperation between over 40 Asian and Pacific countries which arose out of the Regional Ministerial Conferences on People Smuggling, Trafficking in Persons and Related Transnational Crime held in Bali in February 2002 and April 2003. The Conferences, togeth…
Without Sex: Slavery, Trafficking in Persons and the Exploitation of Labour in Australia
The differing approaches to the investigation of the cases of Aprint and Wei Tang set out in the introduction raise concerns that the focus in relation to offences of slavery and trafficking in persons has been too much on sexual exploitation. The UN Protocol and the offences set out in the Criminal Code (Cth) encompass forced labour and debt bondage that go beyond sexual servitude.While Chief Justice Gleeson in Wei Tang pointed out that there ma…
Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights
The response to the trafficking of women is primarily dominated by the discourse of criminal law both internationally and nationally. By contrast, in the refugee law context, women are constructed as victims in a ‘culturally relative’, patriarchal society. This paper explores the tensions between these constructs and the practical responses to protecting trafficked women. Taking Australia's policy response to the trafficking of women in the Asia-…
Regulating restraint use in mental health and aged care settings: Lessons from the Oakden scandal
This article argues that there exist unnecessary gaps in the regulation of the use of physical, mechanical and chemical restraints in mental health and aged care settings. While the use of these forms of restraint may be rationalised on the basis of preventing harm to self or others, there are adverse consequences that necessitate the minimisation, if not elimination, of their use. The overuse of mechanical and chemical restraints at the Oakden O…
Treat with care: The right to informed consent for medical treatment of persons with mental impairments in Australia
One of the most controversial questions that arose during negotiations on the United Nations Convention on the Rights of Persons (CRPD) concerned whether or not health interventions could ever be performed without the recipient’s consent. This is particularly important in relation to persons with severe mental impairments whose consent to or refusal of treatment may be rendered irrelevant under mental health or guardianship legislation. In its Ge…
The Preventive Detention of “Dangerous” Sex Offenders in Australia: Perspectives at the Coalface
Four Australian states, Queensland, New South Wales, Western Australia and Victoria as well as the Northern Territory have enacted laws that enable the continued detention in prison of “dangerous” sex offenders beyond the completion of their sentence. This has proved to be a popular response from a political and social policy perspective, with the New South Wales government recently extending its scheme to include serious violent offenders. While…
Psychologists' perceptions of legal and ethical requirements for breaching confidentiality
This paper outlines the legal and ethical duties of psychologists in relation to preserving as well as breaching confidentiality in therapeutic relationships. It analyses the results of a questionnaire examining psychologists' perceptions of the legal and ethical constraints on confidentiality and their likelihood of breaching confidentiality in different situations. The vast majority of participants indicated that the law permits them to disclos…
Trafficking in Persons: A Critical Analysis of the New Criminal Code Offences
The new Criminal Code contains new trafficking and debt bondage offences which are in the right direction towards trafficking in persons. Such legislative provisions are expected to prevent a repeat of the appalling circumstances surrounding the death case of Puagthong Simaplee
The Criminal Justice Response to Trafficking in Persons: Practical Problems with Enforcement in the Asia-Pacific Region
Attempts to address the problem of trafficking in persons on an international, regional and national basis are relatively recent. The ‘Bali Process’ refers to an ongoing programme of practical cooperation between over 40 Asian and Pacific countries which arose out of the Regional Ministerial Conferences on People Smuggling, Trafficking in Persons and Related Transnational Crime held in Bali in February 2002 and April 2003. The Conferences, togeth…
Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights
The response to the trafficking of women is primarily dominated by the discourse of criminal law both internationally and nationally. By contrast, in the refugee law context, women are constructed as victims in a ‘culturally relative’, patriarchal society. This paper explores the tensions between these constructs and the practical responses to protecting trafficked women. Taking Australia's policy response to the trafficking of women in the Asia-…
Psychologists' perceptions of legal and ethical requirements for breaching confidentiality
This paper outlines the legal and ethical duties of psychologists in relation to preserving as well as breaching confidentiality in therapeutic relationships. It analyses the results of a questionnaire examining psychologists' perceptions of the legal and ethical constraints on confidentiality and their likelihood of breaching confidentiality in different situations. The vast majority of participants indicated that the law permits them to disclos…
Without Sex: Slavery, Trafficking in Persons and the Exploitation of Labour in Australia
The differing approaches to the investigation of the cases of Aprint and Wei Tang set out in the introduction raise concerns that the focus in relation to offences of slavery and trafficking in persons has been too much on sexual exploitation. The UN Protocol and the offences set out in the Criminal Code (Cth) encompass forced labour and debt bondage that go beyond sexual servitude.While Chief Justice Gleeson in Wei Tang pointed out that there ma…
Dangerous People: Policy, Prediction, and Practice
TEST 02 - Elsevier's Scopus, the largest abstract and citation database of peer-reviewed literature. Search and access research from the science, technology, medicine, social sciences and arts and humanities fields
The Preventive Detention of “Dangerous” Sex Offenders in Australia: Perspectives at the Coalface
Four Australian states, Queensland, New South Wales, Western Australia and Victoria as well as the Northern Territory have enacted laws that enable the continued detention in prison of “dangerous” sex offenders beyond the completion of their sentence. This has proved to be a popular response from a political and social policy perspective, with the New South Wales government recently extending its scheme to include serious violent offenders. While…
Human Rights and Unfitness to Plead: The Demands of the Convention on the Rights of Persons with Disabilities
Findings of unfitness to plead can result in individuals with cognitive disabilities losing access to procedural safeguards in the criminal justice system. They can also lead to long periods of detention and, in some cases, indefinite detention of persons with cognitive disabilities in prisons and other secure facilities. This raises significant concerns with human rights breaches, including the rights to legal capacity, a fair trial and liberty.…
Treat with care: The right to informed consent for medical treatment of persons with mental impairments in Australia
One of the most controversial questions that arose during negotiations on the United Nations Convention on the Rights of Persons (CRPD) concerned whether or not health interventions could ever be performed without the recipient’s consent. This is particularly important in relation to persons with severe mental impairments whose consent to or refusal of treatment may be rendered irrelevant under mental health or guardianship legislation. In its Ge…
Regulating restraint use in mental health and aged care settings: Lessons from the Oakden scandal
This article argues that there exist unnecessary gaps in the regulation of the use of physical, mechanical and chemical restraints in mental health and aged care settings. While the use of these forms of restraint may be rationalised on the basis of preventing harm to self or others, there are adverse consequences that necessitate the minimisation, if not elimination, of their use. The overuse of mechanical and chemical restraints at the Oakden O…
From Safety Nets to Support Networks: Beyond ‘Vulnerability’ in Protection for Consumers with Cognitive Disabilities
This article considers the significance of the obligations in the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) for consumer protection law and policy. The current legal response to consumers who require additional decision-making support is primarily focused on mechanisms to release consumers classified as ‘vulnerable’ from transactions tainted by concerns about a lack of genuine consent. While these legal respons…
Community Treatment Orders and Supported Decision-Making
This paper presents findings from an interdisciplinary project undertaken in Victoria, Australia, investigating the barriers and facilitators to supported decision-making (SDM) for people living with diagnoses including schizophrenia, psychosis, bipolar disorder, and severe depression; family members supporting them; and mental health practitioners, including psychiatrists. We considered how SDM can be used to align Australian laws and practice w…
Mental health, mental capacity, ethics, and the law in the context of Covid-19 (coronavirus)
Law (10 works) · Political science (10 works) · Law (9 works) · Psychology (6 works) · Criminology (5 works) · Healthcare Decision-Making and Restraints (5 works) · Human rights (4 works) · Psychopathy, Forensic Psychiatry, Sexual Offending (4 works) · Sex work and related issues (4 works) · Sociology (4 works)