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Mental Health Legislation

Last update: 21 November 2012,
by Maureen Bell


Links on this page are divided into a number of sections: South Australian legislation, Interstate and Commonwealth legislation, United Kingdom legislation, Other legal and human rights documents.

Lists of books and journal articles relating to mental health legislation can be found on my bibliographies and reading lists page.

A detailed account of the genesis, passage through the Parliament, and final proclamation of the South Australian Mental Health Act of 1976-77 can be found in Bill Dibden's book A Biography of Psychiatry (chapters 10-13, and appendices).

Library members have online access to the following journals which may be of interest for this subject. You'll find them in the e-Journals A-Z list at the top right of this page.

Australian & New Zealand Journal of Criminology
Behavioral Sciences and the Law
British Journal f Criminology
International Journal of Criminology and Sociological Theory
International Journal of Law and Psychiatry
Psychiatry, Psychology, and Law
Psychology, Crime & Law
Psychology, Public Policy and Law


South Australian Legislation

Guardianship and Administration Act 1993 (S.A.)

Mental Health Act 1993 (S.A.)
This Act has now been repealed

Mental Health Act 2009

Search for other acts and regulations using the link below. (The lists can be searched alphabetically by the name of the act or regulation.)

South Australian Legislation

Another useful resource is
The Law Handbook of South Australia

Maintained by the Legal Services Commission of South Australia, this is described as: “Your practical guide to the law in South Australia" It answers the most common legal questions in a practical, easy to read way, helps you understand and use your legal rights, tells you when you need to see a lawyer, is full of useful contact points for further help, and information has been written by experts in the field.

Paving the Way - Review of Mental Health Legislation in South Australia
Report, prepared by Ian Bidmeade on behalf of the Review Committee on Mental Health Legislation for the Mental Health Unit, S.A. Department of Health, April 2005.

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Interstate and Commonwealth Legislation

Further links to Commonwealth and interstate legislation can be found using the Australasian Legal Information Institute (AusTLII) web site. A very useful feature of this site is that once you have found an Act (or a section of an Act) you will see a Noteup option at the top left of the screen. If you click on this option a search will be performed for all materials which refer to the current section or Act, and you will get a list of all other subsequent Acts and cases which refer to it.

The Law and Justice Foundation - Legislation and Parliament site is also useful.

You can search the following individual state sites for the full text of legislation:

ACT Legislation Register

New South Wales Legislation

Northern Territory Legislation

Queensland Legislation

Tasmanian Legislation

Victorian Legislation

Western Australian Legislation

Mental health acts

ACT Mental Health (Treatment and Care) Act

NSW Mental Health Act

Northern Territory. Mental Health and Related Services Act

Queensland Mental Health Act 2000

Tasmania Mental Health Act

Victoria Mental Health Act 1986

Victoria's New Mental Health Act

Mental Health Review Board (Western Australia)
The full text of the Mental Health Act and the Mental Health Review Board Handbook are available at this site. Additional material is available from Mental Health Act Review

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United Kingdom Legislation

British legislation may be searched at Legislation.gov.uk

Contrasting Agendas in the Reform of Mental Health Law; the Expert Committee and the Green Paper
By Alan Parkin.
Web Journal of Current legal Issues (Web JCL) [2000] 4

Mental Health Act 2007 (U.K.)

National Mental Health Services Assessment: Towards implementation of the Mental Health (Care and Treatment) (Scotland) Act 2003 Final Report
Final Report, Sandra Grant. Scottish Executive, March 2004.

Mental Health (Care and Treatment) (Scotland) Act 2003

Mental Health Law home
The Scottish government's site for mental health legislation. Includes links to amendments to the 2003 Act.

Other Legal and Human Rights Documents

Our Law Library has a web page Laws of Countries other than Australia

Application of Rights Analysis Instrument to Australian Mental Health Legislation
Report to Australian Health Ministers’ Advisory Council National Mental Health Working Group, 2000. The Rights Analysis Instrument was developed for the purpose of assessing compliance with international and national norms and standards.

Compulsory Psychiatric Treatment in the Community
Transcript of the the ABC Radio National Health Report, 3 June 2002.

Human Rights and Mental Illness
This page provides links to materials related to and following from the Australian Human Rights Commission's National Inquiry on the Human Rights of People with a Mental Illness, which reported in 1993, and more activity including recent consultations conducted in conjunction with the Mental Health Council of Australia and the Brain and Mind Research Institute.

Mental Disability Rights International - Reports and Publications
Mental Disability Rights International documents conditions, publishes reports on human rights enforcement, and promotes international oversight of the rights of people with mental disabilities.

Mental Health Care Law: Ten Basic Principles (World Health Organization) 1996
This is an edited version of a WHO document WHO/MNH/MND/96.9 which lists and describes ten basic principles of mental health care law. It also provides annotations for their implementation in practice.

Mental health laws for involuntary admission for psychiatric treatment
Transcript of the ABC Radio National Health Report, 10 December 2007.

Mental Health Rights Manual
The Mental Health Rights Manual: A Consumer Guide to the Legal and Human Rights of People with Mental Illness in NSW (3rd edition) 2011. The Mental Health Coordinating Council & the Public Interest Advocacy Centre Ltd (Joint copyright © 2011).

Mental Health Statement of Rights and Responsibilities
Report of the Mental Health Consumer Outcomes Task Force. Adopted by the Australian Health Ministers, March 2001.

Not for Service: Experiences of Injustice and Despair in Mental Health Care in Australia
Mental Health Council of Australia, Canberra, 2005. This document is the successor to the 1993 Human Rights and Equal Opportunity Commission's National Inquiry into the Human Rights of People with Mental Illness ('Burdekin Report'). It details personal stories of people with mental illness, and their families and carers, and the difficulties they encountered in finding appropriate care.

WHO Resource Book on Mental Health, Human Rights, and Legislation
Geneva, World Health Organization, 2005