Mental Health Tribunals
Mental Health Tribunals in the ACT, Victoria and NSW
Australian Research Council Funded Linkage Project 2005-2007
Mental health tribunals provide an important role in balancing rights and protections of people with a mental illness, specifically those for whom involuntary treatment or treatment is proposed. How do the tribunals manage this complex juggling act? Like many other more visible parts of the justice system, they do things differently in each jurisdiction of Australia. This study, led by Terry Carney, of Sydney Law School, maps the diversity of approach between tribunals in NSW, Victoria and the ACT, with a view to identifying best practices in the way resources are used, hearings organized and information managed.
Project Summary
In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in 3 diverse Australian jurisdictions (NSW, Vic & ACT). It uses field observations, interviews and file reviews to isolate best practice reforms. Broader than overseas work, it assesses the actual and perceived fairness of hearings, and the therapeutic outcomes for patients. As in Britain, the project will inform legislative reform and tribunal practices.
Investigators
Carney, Terry, The University of Sydney, Chief Investigator
Tait, David, University of Canberra, Chief Investigator
Chappell, Duncan, Mental Health Tribunal, Partner Investigator
Coumarelos, Christine, Law & Justice Foundation of NSW, Partner Investigator
Industry Partner
Law and Justice Foundation of New South Wales