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Australian Mental Health Tribunals
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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.
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Table of Contents

Introduction Human Rights Frameworks Mental Health laws and processes Theoretical frameworks and prior research findingsA 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? AppendicesBibliography

About the Author

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

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