Rethinking Mental Health Laws: An Integrated Approach

Publications & Other Academic Outputs

Book - Edited:

Bernadette McSherry, (ed) International Trends in Mental Health Laws (Annandale: Federation Press, 2008) Special edition Volume 26(2) of Law in Context 159 pp.

Book Chapters:

Annegret Kämpf, ‘The United Nations Convention on the Rights of Persons with Disabilities and its Consequences for Mental Health Laws in Australia’ B McSherry, (ed) International Trends in Mental Health Laws (Annandale: Federation Press, 2008) Special edition Volume 26(2) of Law in Context 10‑36.

Bernadette McSherry, ‘International Trends in Mental Health Laws: Introduction’ in B McSherry, (ed) International Trends in Mental Health Laws (Annandale: Federation Press, 2008) Special edition Volume 26(2) of Law in Context 1-9.

Bernadette McSherry, ‘Protecting the Integrity of the Person: Developing Limitations on Involuntary Treatment’ B McSherry, (ed) International Trends in Mental Health Laws (Annandale: Federation Press, 2008) Special edition Volume 26(2) of Law in Context 111‑124.

Penny Weller, ‘Supported Decision-Making and the Achievement of Non-Discrimination: The Promise and Paradox of the Convention on the Rights of Persons with Disabilities’ in B McSherry, (ed) International Trends in Mental Health Laws (Annandale: Federation Press, 2008) Special edition Volume 26(2) of Law in Context 85‑110

Journal Articles: Articles in scholarly refereed journal

Bernadette McSherry, ‘Mental Health and Human Rights: The Role of the Law in Developing a Right to Enjoy the Highest Attainable Standard of Mental Health in Australia’ (2008) 15(5) Journal of Law and Medicine 773-781.

Bernadette McSherry, 'The United Nations Convention on the Rights of Persons with Disabilities' (2008) 16(1) Journal of Law and Medicine 17-20.

Bernadette McSherry (with Andrew Carroll, Debra Wood and Steven Yannoulidis) 'Drug-Associated Psychoses and Criminal Responsibility' (2008) 26(5) Behavioural Sciences and the Law 633-653.

Bernadette McSherry, ‘Justice for Individuals with Mental Illnesses’ (2008) Pandora’s Box 39-45.

Ian Freckelton, ‘Health and Human Rights : Challenges of Implementation and Cultural Change’ (2008) 15(5) Journal of Law and Medicine 794-802..

Ian Freckelton, ‘Trends in Regulation of Mental Health Practitioners’ (2008) 15(3) Psychiatry, Psychology and Law 415-434.

Journal Articles: Letter or note

Bernadette McSherry (with Leanna Darvall) ‘Public Health and Human Rights’ Editorial (2008) 15(5) Journal of Law and Medicine 665-668.

Bernadette McSherry ‘Review of W Brookbanks and S Simpson (eds) ‘Psychiatry and Law’’ in (2008) 16(6) Australian Health Law Bulletin 97.

Ian Freckelton, ‘Employers' Liabilities for Bullying-Induced Psychiatric Injuries’ Editorial (2008) 16(1) Journal of Law and Medicine 9-16.

Ian Freckelton, ‘Psychiatry, Psychology and Law and ANZAPPL’ Editorial (2008) 15(1) Psychiatry, Psychology and Law 1-7.

Ian Freckelton, ‘Psychiatry, Psychology and Law and ANZAPPL’ Case Note (2008) 15(1) Psychiatry, Psychology and Law 1-7.

Ian Freckelton, ‘Liability for Failure by Police to Detain Potentially Suicidal and Dangerous Persons’ Case Note (2008) 15(2) Psychiatry, Psychology and Law 175-187.

Ian Freckelton, ‘Review of M Goreta, The Concept of Diminished Responsibility in Supranational Criminal Law (Psychiatric Approach)’ (2008) 15(1) Psychiatry, Psychology and Law 171‑173.

Ian Freckelton, ‘Review of D Streatfield, The Secret History of Mind Control’ (2008) 15(2) Psychiatry, Psychology and Law 358‑360.

Conferences: Full written paper — refereed proceedings

Penny Weller, ‘Reclaiming a sociological voice in mental health law ‘, refereed paper for The Australian Sociological Association Conference, Re‑imagining Sociology, 2^nd -5^th December 2008, Melbourne University 

Penny Weller, ‘Human Rights and Social Justice: the promise of the Convention on the Rights of Persons with Disabilities’ refereed paper  for Law & Society Association Australia and New Zealand (LSAANZ) Conference, W(h)ither Human Rights? 10^th-12^th December 2008, Sydney University.

Penny Weller,  ‘The Modernity of Megacities: Echoes in History, Power and the Politics of Difference’  refereed paper selected for presentation at the Eighth Berlin Roundtables on Transnationality, Urban Planet: Collective Identities, Governance and Empowerment in Megacities, Social Science Research Center Berlin (WZB) and Humboldt-University Berlin, 11 - 16 June, Berlin, 2008, Germany. published online at http://www.irmgard-coninx-stiftung.de/

Conferences: Full written paper — non-refereed proceedings

Penny Weller, ‘Advance directives and the translation of human rights principles in mental health law-towards a contextual analysis’ discussion paper presented at Quarterly Mental Health Consumer, Carer and Community Forum, Mental Health Community Coalition ACT, May 12^th 2008

Conferences: Unpublished presentation

18 April 2008
Bernadette McSherry: Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL), South Australian Branch
Seminar: Addictions & Criminal Responsibility
Paper: Drug-Associated Psychoses and Criminal Responsibility

19 April 2008

Bernadette McSherry: Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL), South Australian Branch
Seminar: Addictions & Criminal Responsibility
Paper: Rethinking Mental Health Laws

8-9 May 2008
Leanne Craze: Victorian peak body for community mental health support services, Psychiatric Disability Services of Victoria (VICSERV) - Joining the Dots ... Creating Community
Paper: Taking our place: Community mental health services in Australia

10-11 May 2008
Bernadette McSherry: Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL), Victorian Branch
Autumn Symposium: Political Elements in the Practice of Psychiatry, Psychology and Law
Paper: From Prediction to Precaution: The Politics of Uncertainty and the Role of Mental Health Professionals

13-15 May 2008
Bernadette McSherry: The Australian Society of Legal Philosophy - Annual Conference
Paper: From Prediction to Precaution: Criminalisation in a Time of Uncertainty

30 May 2008
Penny Weller: The Law and Society Association - Annual Conference, Montreal
Paper: Law and Urban Slums: The Emergence of Exclusionary Power

11-17 June 2008
Penny Weller: Berlin Roundtables on Transnationality - Urban Planet: Collective Identities, Governance and empowerment in Megacities
Paper: The modernity of mega-cities: Echoes in history, power and the politics of difference

2-5 July 2008
Danielle Andrewartha: European Association of Psychology and Law - 18th Annual Conference: It was 20 years ago & it's getting better all the time
Paper: Lie Detection in Litigation:  Tipping the Scales Toward Science

13-17 July 2008
Bernadette McSherry: International Association of Forensic Mental Health Services - 8th Annual Conference: The Interface between Forensic and General Mental Health Services
Paper: Hospital Orders For Mentally Ill Offenders In Australia: An Appropriate Diversionary Option?

13-17 July 2008
Danielle Andrewartha: International Association of Forensic Mental Health Services - 8th Annual Conference: The Interface between Forensic and General Mental Health Services
Paper: Cultural Issues and Their Impact on Credibility Assessments

13-17 July 2008
Liz Richardson: International Association of Forensic Mental Health Services - 8th Annual Conference:The Interface between Forensic and General Mental Health Services
Paper: Mental health courts and diversion programs for mentally ill offenders: the Australian context 

10-12 September 2008
Penny Weller: Global Consortium for the Advancement of Promotion and Prevention in Mental Health ( GCAPP) - 5th World Conference: Promotion of Mental Health and the Prevention of Mental and Behavioural Disorders: From Margins to Mainstream
Paper: The role of law in the prevention of mental illness and the promotion of health and well-being

23-26 October 2008
Annegret Kämpf: Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL)
28th Annual Congress: Risks vs Rights
Paper: Community treatment orders in the light of a new human rights framework

23-26 October 2008
Bernadette McSherry: Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL)  28th Annual Congress: Risks vs Rights
Paper: The precautionary principle: Why security always trumps individual rights

23-26 October 2008
Ian Freckelton and Danielle Andrewartha: Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL)
28th Annual Congress: Risks vs Rights
Paper 1: Fitness to interview: Review, reform and reconceptualisation
Paper 2: Duties and rights to detain the suicidal and dangerous: the liability of psychiatrists and police

23-26 October 2008
Liz Richardson: Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL) 28th Annual Congress: Risks vs Rights
Paper: Mental health courts and diversion programs for mentally ill offenders: the Australian context

Creative work included in group exhibition, performance, recording or anthology

23-26 October 2008
Ronli Sifris: Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL) 28th Annual Congress:Risks vs Rights
Poster: Mental Health Consequences of Forced Sterilizations and Prohibitions on Abortion

Other academic outputs

Annegret Kämpf, Submission to the Australian Government, Attorney-General’s Department, Disability Discrimination Section, ‘On the Possible Ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD)’ March 2008.