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Unit of study_

LAWS6877: Mental Illness: Law and Policy

2024 unit information

This unit deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: the social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Managing faculty or University school:

Law

Code LAWS6877
Academic unit Law
Credit points 6
Prerequisites:
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None
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. demonstrate an understanding of the principles and precepts upon which contemporary mental health law is founded
  • LO2. trace the historical roots of the law and policy relating to mental illness and capacity
  • LO3. appreciate the nature of the social and allied impact of mental illness upon health law and policy
  • LO4. understand in a general way how mental illness is both diagnosed and treated
  • LO5. have knowledge of and appreciation for the framework of current mental health law and administration, with particular reference to New South Wales
  • LO6. consider the way in which mentally ill people come in contact with the criminal justice system, and the response made to such contact by the police, courts and corrections
  • LO7. review and discuss proposals to reform mental health laws and improve mental health 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 ? 
Semester 2b 2024
Block mode Camperdown/Darlington, Sydney
Outline unavailable
Session MoA ?  Location Outline ? 
Intensive October 2021
Block mode Remote
Semester 2b 2022
Block mode Camperdown/Darlington, Sydney
Semester 2b 2022
Block mode Remote
Semester 2b 2023
Block mode Camperdown/Darlington, Sydney

Modes of attendance (MoA)

This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.