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Unit of study_
LAWS6877: Mental Illness: Law and Policy
2026 unit information
This unit provides a critical examination of mental health law and policy in Australia, with an emphasis on human rights principles. It begins by tracing the history of mental illness law and policy in Australia from the colonial period to the involved policy work of the latter twentieth century; it then introduces theoretical frameworks (eg, therapeutic jurisprudence) to critically analyse the legal system's norms. The unit then explores the concept of psychosocial disability within domestic and international human rights law, before studying its interaction with health practitioner regulation and liability, as well as the impact of public health crises (eg, the COVID-19 pandemic). Focus then turns to the Mental Health Act 2007 (NSW) and its legal mechanisms for: voluntary, involuntary, and community treatment orders; consent to treatments such as electroconvulsive therapy (ECT). We then consider the operation of guardianship and financial management orders. The unit then addresses the intersection of mental illness and the criminal justice system, covering New South Wales forensic legislation, legal defences, and fitness to be tried. The unit concludes by surveying emerging issues and psychiatric innovations, inviting critical reflection on the future of mental health law and policy reform in Australia. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable
Unit details and rules
Managing faculty or University school:
Sydney Law School
| Study level | Postgraduate |
|---|---|
| Academic unit | Law |
| Credit points | 6 |
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Prerequisites:
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None |
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Corequisites:
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None |
| Prohibitions:
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None |
| Assumed knowledge:
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None |
At the completion of this unit, you should be able to:
- LO1. critically analyse the principles and precepts upon which contemporary mental health law is founded
- LO2. describe the historical roots of law and policy relating to mental illness and capacity
- LO3. assess the social and allied impact of mental illness on health law and policy
- LO4. examine the methods of diagnosis and treatment of mental illness
- LO5. critically analyse the framework of current mental health law and administration, with a focus on New South Wales
- LO6. analyse the interaction between individuals with mental illness and the criminal justice system, including police, courts, and corrections responses
- LO7. evaluate and propose reforms for mental health laws and policies
Unit availability
This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.
The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.
| Session | MoA ? | Location | Outline ? |
|---|---|---|---|
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Intensive August - September 2025
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Block mode | Camperdown/Darlington, Sydney |
| Session | MoA ? | Location | Outline ? |
|---|---|---|---|
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Intensive August - September 2026
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Block mode | Camperdown/Darlington, Sydney |
Outline unavailable
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Modes of attendance (MoA)
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