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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).
The databases listed below
deal with Australian legal material and are accessible to library
members only.
AFPD (Australian Federal Police Digest)
Abstracts of articles from selected Australian and overseas
journals, conference papers and chapters of books. Covers policing;
law enforcement, criminology; law; social sciences; occupational
health and safety; management. Cases and legislation are cited
where relevant.
Time span: 1991 -
AGIS (Attorney General's Information Service)
Comprehensive abstracting and indexing of law journals from
Australia, New Zealand and the Pacific, and, selective indexing and
abstracting of major law journals from the U.S, Canada and the U.K.
Contains records covering all aspects of law, including
administrative, banking, companies and securities, constitutional,
copyright, criminal, environmental, family, human rights,
international, legal aid and trade practices.
Time span: 1975 -
AGIS plus text
This database contains the same information as AGIS, but it also
contains full text for a number of publications.
APAIS (Australian Public Affairs Information Service)
Citations to journal literature in humanities, social sciences, and
including some books, conference proceedings and newspaper
articles, especially on Australian political, economic, legal,
social and cultural affairs.
Time span: 1978 -
APA-FT (Australian Public Affairs - Full Text)
Citations 1978- and full text for selected articles 1995-
CINCH (Australian Criminology Database)
Citations with some abstracts to Australian material on crime,
court procedures, law enforcement, police, violence, victims,
corporate crime, terrorism and victims of crime. Includes books,
journal articles, government publications, conference reports,
research reports, theses and unpublished material.
Time span: 1976 -
Library members have online access to the following journals which may be of interest for this subject.
Behavioral Sciences and the Law
International Journal of Law and Psychiatry
Psychology, Public Policy and Law
South Australian Legislation
Guardianship
and Administration Act 1993 (S.A.)
Mental
Health Act 1993 (S.A.)
Mental Health Bill 2007
Includes a copy of the Mental Health Bill 2007, an Explanatory Guide, Frequently Asked Questions (FAQs) and other information about the Bill.
Search for other acts and regulations in the links below. (The
lists can be searched alphabetically by the name of the act.)
South
Australian Consolidated Legislation
South
Australian Consolidated Regulations
The South Australian Attorney-General's Department also provides electronic versions
of Acts and Regulations
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.
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 idividual 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
Some state departments also have their current Mental Health Act
and related literature on their own sites:
ACT
Mental Health (Treatment and Care) Act
Northern Territory. Mental Health and Related Services Act
Queensland
Mental Health Act 2000
Tasmania.
Mental Health Act
Victoria.
Mental Health Legislation
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.
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.
The Mental
Health Rights Manual
A Legal Guide to the NSW Mental Health System. Edited by Melinda
Hayton. Reviewed by Rebecca Griffin. 2nd. edition. Rozelle, New
South Wales, Mental Health Coordinating Council, 2004.
Mental Health Statement of Rights and Responsibilities
Report of the Mental Health Consumer Outcomes Task Force. Adopted
by the Australian Health Ministers, March 2001
Review of the Mental Health Act 1990. Discussion Paper 1
Discussion Paper 1: Carers and Information Sharing. NSW Health,
February 2004.
Review of the Mental Health Act 1990. Discussion Paper 2
Discussion Paper 2: The Mental Health Act 1990. NSW Health,
July 2004.
Towards
2000: Rights, Responsibilities and Process in the Reform of Mental
Health Law
Article by Spercer Zifcak. Australian Journal of
Human Rights December 1997,
4(1):
51-69
United Kingdom Legislation
British legislation may be searched at the HMSO site United Kingdom
Legislation . You may also find the Institute of Mental Health Act Practitioners
Online Mental Health Act a useful resource for understanding the British mental
health act.
Contrasting
Agendas in the Reform of Mental Health Law; the Expert Committee
and the Green Paper
Copyright © 2000 Alan Parkin. First Published in Web Journal of
Current Legal Issues.
How to
Keep up with the Mental Health Act
Humphreys MS, Kenney-Herbert JP, and Cope RV. How to Keep up with
the Mental Health Act
Advances in Psychiatric Treatment 2000, 6:
407-411
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.
Professor
Anselm Aldergill
Professor Aldergill describes his site as follows. "This site is
designed with two purposes in mind. Firstly, it is a way of
promoting my practice and the services that I offer. Secondly, it
is a way of making freely available articles, training resources
and other materials that people have from time to time asked to
copy." There is a wide range of free downloadable material dealing
with mental health law, policy, and ethics.
Reform
of the Mental Health Act 1983 - Proposals for Consultation
Presented to Parliament by the Secretary of State for Health by
Command of Her Majesty November 1999. Published by The Stationery
Office.
Reforming The Mental Health Act Part I - The new legal
framework
Presented to Parliament by the Secretary of State for Health and
the Home Secretary by Command of Her Majesty December 2000.
Published by The Stationery Office.
Reforming The Mental Health Act - Part II - High risk
patients
Presented to Parliament by the Secretary of State for Health and
the Home Secretary by Command of Her Majesty December 2000.
Published by The Stationery Office.
Scotland - Mental
Health Legislation
This site is a product of The Institute of Mental
Health Act Practitioners. It contains links to a large number
of documents relating to the new Scottish Mental Health Act, many
of which are freely available.
Other Legal and Human Rights Documents
Our Law Library has a web page Laws
of Countries other than Australia
Coming Together: Mental health, equality and human rights
A document produced by the Disability Rights Commission in the UK, June 2007.
Compulsory Psychiatric Treatment in the Community
Transcript of the the ABC Radio National Health Report, 3 June 2002.
Mental Disability Rights International - 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 Action Plan and Declaration for Europe
At the WHO European Ministerial Conference on Mental Health, held in Helsinki in January 2005, The Mental Health Declaration for Europe and the Mental Health Action Plan for Europe were signed and endorsed on behalf of ministers of health of the 52 Member States in the European Region.
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.
WHO Resource Book on Mental Health, Human Rights, and
Legislation
Geneva, World Health Organization, 2005
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