Skip to main content
Unit of study_

LAWS6877: Mental Illness: Law and Policy

Intensive October, 2021 [Block mode] - Remote

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.

Unit details and rules

Unit code LAWS6877
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Christopher Rudge, christopher.rudge@sydney.edu.au
Lecturer(s) Christopher Rudge, christopher.rudge@sydney.edu.au
Type Description Weight Due Length
Assignment hurdle task Assignment
Written assessment examining the NSW mental health legislation
40% Week 05
Due date: 17 Sep 2021 at 23:59

Closing date: 15 Oct 2021
3500 words
Outcomes assessed: LO1 LO3 LO4 LO5 LO6
Assignment Research paper outline
Research paper outline on a unit topic of student choice
0% Week 07
Due date: 08 Oct 2021 at 23:59
2 pages
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Assignment hurdle task Research paper
Research paper
60% Week 12
Due date: 05 Nov 2021 at 23:59

Closing date: 10 Dec 2021
4500 words
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
hurdle task = hurdle task ?

Assessment summary

Assignment (40%): Students will be required to complete an assignment (3500 words) intended to stimulate reading and analysis of unit materials. A specific question (or questions) will be prescribed for all students.

Research paper (60%): Students will be required to prepare a research paper (4500 words) on a unit topic of their choice to be settled in consultation with the teacher. An outline of the research paper (non-weighted), no more than 2 pages in length (including principal reference sources on the unit topic proposed) will be submitted to the teacher for approval during the intensive. Students may not re-use or recycle any material from the first assignment in the research paper, and the topics must not substantively overlap.

Assessment requirement to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing 1. Introduction and concepts; 2. Historical; 3. Policy development; 4. Developments in legislation nationally and internationally Seminar (7 hr)  
1. Social context; 2. Contemporary diagnosis and treatment; 3. Law and policy: New South Wales framework Seminar (7 hr)  
1. Scheduling, institutional treatment and review mechanisms; 2. Community treatment; 3. Electroconvulsive treatment, special medical treatments, parliamentary education office; 4. Guardianship Seminar (7 hr)  
1. Mental illness and criminal justice; 2. Winds of change Seminar (7 hr)  

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by theUnit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. For units offered in intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) (‘AGLC 4’) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library and available on Canvas.

  • Howard, Dan and Westmore, Bruce (eds), Crime and Mental Health Law in New South Wales: A Practical Guide for Lawyers and Health Care Professionals (LexisNexis Butterworths, 2018, 3rd ed) (‘Howard and Westmore’).
  • Johnson, Anina, Eagle, Kerri, and Goodhand, Corrie, Crime and Mental Health Law in New South Wales: Supplement to the 3rd Edition (LexisNexis Butterworths, 2021) (‘Supplement’).
  • McSherry, Bernadette and Weller, Penelope (eds), Rethinking Rights-Based Mental Health Laws (Hart Publishing, 2010) (‘McSherry and Weller’).
  • Mental Health Coordinating Council (MHCC), ‘The Mental Health Rights Manual: An Online Guide to the Legal and Human Rights of People Navigating the Mental Health and Human Service Systems in NSW’ (MHCC, 2015, 4th ed) (‘MHCC Manual’).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

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.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.