Outline

Overview

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. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Christopher Rudge, christopher.rudge@sydney.edu.au

Assessment

The census date for this unit availability is 5 September 2025

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Written work	Research paper (50%) Research paper	50%	STUVAC Due date: 10 Nov 2025 at 08:00 Closing date: 14 Nov 2025	3500 words / 7 weeks	AI allowed
Outcomes assessed:
Written work	(Alternative) Capstone Essay (90%) - with approval Capstone essay for LLM students	0%	STUVAC Due date: 10 Nov 2025 at 08:00 Closing date: 14 Nov 2025	7000 words / 4 weeks	AI allowed
Outcomes assessed:
Written work	AI-led report assignment (30%) Written assessment	30%	Week 04 Due date: 19 Sep 2025 at 23:59 Closing date: 24 Sep 2025	2500 words / 6 weeks	AI allowed
Outcomes assessed:
Written work	Research paper abstract (10%) Research paper outline on a unit topic of student's choice.	10%	Week 07 Due date: 10 Oct 2025 at 23:59 Closing date: 15 Oct 2025	1000 words / 2 weeks and 5 days	AI allowed
Outcomes assessed:
Written work	(Alternative) Capstone essay proposal (10%) - with approval Capstone essay outline on a unit topic of student choice	0%	Week 07 Due date: 10 Oct 2025 at 23:59 Closing date: 15 Oct 2025	1000 words	AI allowed
Outcomes assessed:
Presentation	Video recorded conference paper (10%) Video recording	10%	Week 10 Due date: 31 Oct 2025 at 23:59 Closing date: 05 Nov 2025	5 minutes / 2 weeks and 4 days	AI allowed
Outcomes assessed:

Assessment summary

AI-led resource on the CRPD and psychosocial disability (30%):

Release date: 4.00pm, Monday 4 August 2025, Sydney Australia time

Due date: 11.59pm, Friday 19 September 2025, Sydney Australia time

2500 words, including citations and references.
The Report must include analysis of four scholarly perspectives.
More instructions will be available via Canvas.

Research paper abstract (10%):

Release date: 4.00pm, Monday 22 September 2025, Sydney Australia time

Due date: 11.59pm, Friday 10 October 2025, Sydney Australia time

Maximum 1000 words, including references.
Write an abstract for a research paper under the theme of one or more of the topics in the UOS reading guide (excluding Topic 4: Human rights and psychosocial disability).
Base the abstract on the length and style of an abstract in the UNSW Law Journal, Sydney Law Review or Melbourne Law Review.
Provide commentary on the process by which you developed the abstract, and include earlier drafts composed over the course of the 20 days if possible.
Identify any abstracts or journal articles you discovered that inspired or shaped your composition.
Write a draft table of contents to accompany the abstract in the style of the MULR for the purposes of developing your essay plan.

Video-recorded conference paper (10%):

Release date: 4.00pm Monday 13 October 2025, Sydney Australia time

Due date: 11.59pm Friday 31 October 2025, Sydney Australia time

Maximum 5 minutes.
Present your research paper and its arguments in a 5-minute conference presentation, recorded as a video file and uploaded to Canvas.
This is not a live conference, but a ‘mock’ conference in which everyone updates their research papers, presenting their arguments and findings.
5-minute papers tend to be about 500 words long; however, you should probably try and develop a presentation that has an introduction, body, and conclusion, so that, really, you might have a piece of writing that is about 1500 words (presuming a draft of 500 words for each component) and then distilled into a shorter length for the presentation.

Research paper (50%):

Release date: 4pm, Monday, 22 September 2025, Sydney Australia time

Due date: 8.00am, Monday, 10 November 2025, Sydney Australia time

3500 words, including references.
Research paper generally under the primary theme of any one of the 11 topics identified in the Learning Guide.
Must include reference to at least 5 academic works in the Learning Guide (or, if primarily analysing statute, then at least 5 relevant cases in or not in the Learning Guide).
The research essay is the culmination of your abstract and conference presentation process.
Following the conference presentation, which would have involved a written draft, the essay becomes the finished and polished product of that draft.

For LLM students only: (Alternative) Capstone essay (100%)

LLM students who are undertaking this unit towards the end of their degree, and need a capstone experience to complete their degree, must apply to the unit coordinator to undertake the assessment option of a Capstone Essay. The Capstone Essay (including the proposal) will replace all assessments in this unit and is worth 100% of your marks for the unit.

The Capstone Essay (including the proposal) must be a total of 8000 words. Your essay topic should respond to the material covered in the present unit. However, at the same time, in order to serve as a capstone for your LLM, it should build upon the learning that has taken place during your LLM studies more generally.

Completion of the Capstone essay comprises the following assessment tasks:

1000 word Capstone essay proposal (10%) is due 11.59pm, Friday 10 October 2025, Sydney Australia time and it must be submitted to the unit coordinator for approval by email. A copy of the approval email must be kept and included with the submissions.
7000 word Capstone essay (90%) is due 8:00am Friday 10 November 2025, Sydney Australia time

Word limit 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 include all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted).

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements 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 2021 (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.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time specified in the assessment summary but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Learning support

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.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	1. History of mental illness law in Australia; 2. Australian mental illness policy (historically and currently); 3. Theoretical approaches to mental illness law and policy.	Seminar (6.5 hr)
Week 01	4. Human rights and psychosocial disability, in Australia and abroad; 5. Health practitioner law and mental illness; 6. Mental illness law and public health (including during COVID-19).	Seminar (6.5 hr)
Week 02	7. Voluntary, involuntary and community treatment orders; 8. ECT, special medical treatments and psychiatric innovation; 9. Guardianship and financial orders.	Seminar (6.5 hr)
Week 02	10. Mental illness law and the criminal justice system (including forensic legislation); 11. Emerging issues in mental health law.	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

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 are available on Canvas.

Michael Ashley Stein et al (eds), Mental Health, Legal Capacity, and Human Rights (Cambridge University Press 2021)
Brendan D Kelly et al (eds), Routledge Handbook of Mental Health Law (Routledge 2023)
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’).

Learning outcomes

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.

Outcomes
Graduate qualities

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

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
Learning outcomes

Responding to student feedback

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

LAWS6877: Mental Illness: Law and Policy

Intensive August - September, 2025 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links