78149 Law and Mental Health
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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: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 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. | Explain and critically reflect upon contemporary approaches to psychiatric mental disorders and how these approaches interact with law and the criminal justice system |
|---|---|
| 2. | Explain the operation of key agencies, services and decision-making bodies that work at the interface of law and mental health |
| 3. | Critically analyse and synthesise legal and interdisciplinary literature, and apply appropriate research methods to develop relevant research proposals |
| 4. | Critically examine the concepts of disability, mental health and madness and their relationship to mental disorders in addition to key theoretical frameworks for the analysis of law and mental health |
| 5. | Evaluate contemporary debates about the application of international human rights law to domestic legal frameworks relating to mental disorders and the significance of social, economic and cultural factors in mental health care and disability support |
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: Preparation for class
Students read and critically evaluate prescribed readings prior to class, available in the Summer 2016 folder via UTSOnline. Students’ preparatory reading is guided by a series of critical discussion questions, available via UTSOnline, which will allow students to develop critical reading skills by reflecting on how a text is argued, what evidence is used to support the argument and how does it reach a conclusion.
Strategy 2: Seminar participation
This subject is delivered in intensive mode over 4 days. The classes are in seminar or discussion-based format and based on the prescribed readings and set questions, which students will be required to reflect upon and answer before class. In each seminar, students actively contribute to class discussion by answering and asking questions, sharing their reflections on seminar topics and questions, and responding to and debating with their peers’ views and interpretations either in small groups or in class discussion.
Strategy 3: Feedback
There are opportunities for feedback in each seminar. Students obtain feedback on their understanding and critical thinking skills by asking questions and contributing to class discussions. Students also receive individual feedback on formal assessment tasks.
Content (topics)
- Introduction to mental health and the law
- What is mental disorder? – Intellectual disability, mental illness/psychosocial disability and other mental conditions
- Clinical expert witnesses and risk assessment/dangerousness
- Guardianship, financial management, capacity and consent to treatment
- 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 matters
- Disability studies, Mad studies, neurodiversity and critical approaches
- International law and the Convention on the Rights of Persons with Disabilities
- Asylum seekers and refugees in detention centres and community support
- Civil liability for psychiatric harm
- The criminal justice system and diversion including section 32 and 33 local court applications
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: | 3000 words |
| Criteria: | Criteria: Evaluation Relevance to mental health and/or intellectual disability Criteria:
|
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.
