76038 Law and Mental Health
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70311 Torts
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78149 Law and Mental Health AND 78150 Law and Mental Health
Description
This subject is designed to give students an introduction and overview of the interface between the disciplines of psychiatry and law. It examines how the empirical research and theories of psychiatry intersect with the application of legal principles and practices. As a result of successfully completing this subject, students should be able to translate personal and/or social issues concerning the study of mental illness into the practice of mental health law, and evaluate the efficacy of different perspectives in relation to contemporary debates about mental illness. Students should also demonstrate successful teamwork, involving the ability to participate in collaborative learning activities face-to-face as well as the development of independent learning skills.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the role of psychiatry methods and knowledge at all stages of the Civil and Criminal Justice system; |
|---|---|
| 2. | understand the mental health process; |
| 3. | apply the range of assessments provided by psychiatrists to assist the court or tribunal both in criminal and civil settings; |
| 4. | understand the legal rules and regulations applying to the presentation of expert psychiatric evidence in court. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1: By the end of the module students will be able to recognise and analyse signs and symptoms of mental disorder, adapt systematic approach to psychiatric assessment and evaluation and understand the contribution and application of psychiatry to law.
Strategy 2: By the end of the module students will be able to evaluate and recognise major psychiatric disorders, understand aetiology of psychiatric disorders, understand principles of treatment and management of psychiatric disorders.
Strategy 3: By the end of the module students should demonstrate the following competencies: critical analysis of published literature, use of appropriate quantitative and qualitative research methods as applied to research in psychiatry, competency in scientific writing, ability to develop research proposals, development of critical reasoning and critical reflection applied to personal learning.
Strategy 4: By the end of the module students will be able to understand the terminology and concepts of race, culture, ethnicity cultural diversity and theories of racism, understand and evaluate the epidemiology and clinical presentations of psychiatric disorders in different cultures, understand the experiences and meanings of health, distress, suffering and ill-health in different cultures and apply this in legal and also clinical practice.
Strategy 5: By the end of the module students should understand and evaluate the relationship between mental disorder and criminal behaviour, apply clinical risk assessment and management, understand psychiatric aspects of the civil law, have knowledge of the range of forensic psychiatric facilities.
Strategy 6: By the end of the module students should be able to evaluate the significance of sociology in terms of social structures, stratification and cultural differences, understand historical and contemporary sociological theories, to apply contemporary views of class, social, mobility, poverty, inequalities in health and health care, evaluate social causes of illness and illness behaviour and their application in psychiatry.
Content (topics)
- Introduction to Mental Health and the Law
- What is psychiatry? – Intellectual Disability, Mental illness and Mental Conditions
- Psychiatrists and Psychologists in Court: the view from the expert witness and legal profession
- Legal Status on admission concerning psychiatric committal and guardianship issues: Involuntary Admission, Scheduling, Arrest, Detention and Review of mentally ill individuals
- Overview of the Mental Health Act 2007 and Mental Health (Forensic Provisions) Act 1990
- The jurisdiction of the Mental Health Review Tribunal in civil and forensic hearings
- Community and Psychiatry: Mental Health Issues in Multi Cultural Society
- Young People with mental illness and intellectual disability: capacity to consent
- Awarding damages for the negligent infliction of psychiatric harm: a historical trail
- Refugees in detention centres/depression/suicide/compensation
- Civil Liability for Mental Harm in NSW
- Judicial Scepticism in awarding damages for mental harm
- Risk assessment/dangerousness/section 32 and 33 applications/diversion to local court
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Criteria: | To fully participate in this seminar you are expected to:
|
Assessment task 2: Research Assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 30% |
| Length: | 1500 words |
| Criteria: | Criteria: Evaluation Relevance to mental health |
Assessment task 3: Take Home Exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
|---|---|
| Weight: | 50% |
| Length: | 2100 words |
Required texts
D Howard and Westmore B, Crime and Mental Health Law in NSW, Lexis Nexis Butterworths, Australia, 2010
Shea P, Psychiatry in Court, Federation Press, 2nd edt, 1996
Recommended texts
Shea P, Defining Madness, Federation Press, 1999
Bartlett P and Sandland R, Mental Health Law: Policy and Practice, 3rd edition, Oxford University Press, 2007
Graham Meadows et al, Mental Health Law in Australia, 2nd edition, Oxford University Press, 2007
Brookbanks W and Simpson S, Psychiatry and the Law, Butterworths, Lexis Nexis, 2007
A.Kapardis, Psychology and Law, 2nd edn, Cambridge Uni Press, Cambridge, 2002
References
- Law Handbook www.handbook.uts.edu.au/law/index.html
- Law Webpage www.law.uts.edu.au/
- Student Admin Unit www.sau.uts.edu.au
- Student Centres www.uts.edu.au/students/centres.html
- UTS Policies www.gsu.uts.edu.au/policies/index.html
Other resources
Reports, Journals and General References
American Journal of Forensic Psychiatry
Journal of Law and Medicine
Medicine, Science and the Law
Psychiatry, Psychology and Law
Useful Website
Lexis: Full-text Legal Information – legal material and some interdisciplinary journals
AGIS – legal and socio-legal scholarship primarily from Australian and New Zealand
Westlaw – legal materials and some interdisciplinary journals
PubMed – psychiatry and medicine
UTS LIBRARY
The UTS Library has a wide range of services and resources that you will find useful, including law reports, law journals, textbooks, and access to online resources www.lib.uts.edu.au. Relevant materials in this subject may also be available on Closed Reserve, which is a special borrowing service that allows you to use the material for two hours or overnight, to ensure the materials are available to many students. Materials on closed reserve are listed in the library catalogue by subject details and Subject Co-ordinator. Contact the Law Librarian on (02) 9514 3341 for further information or assistance.
LEARNING SKILLS
The BELL (Becoming an Effective Lifelong Learner) website provides information, self-testing and links to help you develop your learning skills. Visit the BELL web site www.bell.uts.edu.au.
UTSOnline
This subject has a UTSOnline site (http://online.uts.edu.au/). The site may include announcements made in lectures, copies of lecture overheads/slides, and clarification of administrative and assignment matters. It is the responsibility of students to ensure they are registered on UTSOnline for this subject, and regularly check UTSOnline for announcements. If you have difficulties accessing UTSOnline, contact the ITD Helpdesk by phone on (02) 9514 2222 or e-mail help.desk@uts.edu.au; and/or the Student Centre Haymarket by phone on (02) 9514 3444 or via Service Desk at https://servicedesk.uts.edu.au/CAisd/pdmweb.exe.
UTS STUDENT CENTRE
Staff at the Student Centre Haymarket will provide general student administration related information and advice to students, as well as specific administration services for Law students. Students with enquiries and/or wishing to query the process of administrative applications should contact the Student Centre Haymarket directly online via Ask UTS www.ask.uts.edu.au or by phone on (02) 9514 3444. The Student Centre Haymarket is located in Building 5, on 2 levels (Level 1, and Level 5). Opening hours of the Student Centre Haymarket may vary, and bet to check this information at www.uts.edu.au/students/centres.html PRIOR to visiting the centre.
LAW RECEPTION
Staff at Law Reception cannot assist with course or student administration related enquiries, but will happily assist with:
- Submission and collection of Law assignments
- Collection of course materials for the current semester
- Submission of applications for Request for Extension
Location and opening hours for Law Reception is available at www.law.uts.edu.au/contactus/index.html.
