Mental health tribunals

This article assesses features of mental heath legislation relating to compulsory treatment and mental health tribunal processes against domestic 'Charters' of rights recently enacted in Victoria and the Australian Capital Territory. It is argued that genuinely interdisciplinary, multi-member mental health tribunals are vital to the quality of decision-making, and mental health tribunals should be funded to enable them to spend adequate time assessing the merits of each case in line with civil rights standards for prompt and fair hearings, especially where individual liberty is at stake. Because overseas research demonstrates that mental health is a very special jurisdiction, the article summarises those findings before turning to the human rights implications

Human rights · Jurisdiction · Legislation · Mental health · Mental Health Act · Mental health law · Political science · Psychiatry · Right to health · Tribunal · Child Abuse and Trauma · Ethics and Legal Issues in Pediatric Healthcare · Healthcare Decision-Making and Restraints · Law · Psychology

• A regional disability tribunal for Asia and the Pacific

  Open Access•Terry Carney•International Journal of Law in…•2011

  Incluir item

• Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature

  Open Access•Aisha Macgregor, Victor M Gehman et al.•Health & Social Care in the…•2019

  Incluir item

• Drug Courts in Australia

  David Indermaur, Lynne D Roberts•Current Issues in Criminal Justice•2003

  Incluir item

• The Third Way in Mental Health Policy

  Open Access•Philip Fennell•Journal of Law and Society•1999

  Incluir item