Professor Bernadette McSherry

Research Interests

Criminal Law
Criminal Procedure/Criminal Justice
Criminology
Human Rights
Medical Law
Mental Health and Psychiatry
Mental Health Law
Psychology and Law

Supervisor Profile

Qualified to supervise: Honours; Masters; PhD;

Current projects under supervision

Masters:

Not Guilty? An Analysis of the Practical Consequences of the Crimes (Mental Impairment) and Unfitness to Plead Act 1997 (Vic)

Doctoral:

Mental Illness, Rationality and Criminal Responsibility
(Co-supervisors: Dale Smith and Patrick Emerton)

The Doctrine of Extended Common Purpose (SJD Thesis)
(Co-supervisor: Stephen Gray)

Human Cryonic Suspension: A Medico-Legal Analysis of the Current Status and Future Implications of the Development of Human Cryonic Suspension

Lies, Litigation and the Law
(Co-supervisor: Jonathan Clough)

The UN Convention on the Rights of Persons with Disabilities and Mental Health in Australia

Conceptualising Restrictions on Reproductive Freedom as Torture or Cruel, Inhuman or Degrading Treatment

Sentencing Offenders with Mental Illnesses: A Principled Approach

Mental Health Courts in Australia – Problem-solving, Stigma, and the Mentally Ill Offender

The Role of the Law in the Prevention and Remedy of Elder Abuse
(Co-supervisor: Colette Browning)

Patient Participation in Decision Making Pursuant to Mental Health Legislation (SJD Thesis)
(Co-supervisor: Penny Weller)

Editorial Boards

International Journal of Forensic Mental Health
Monash Bioethics Review
Psychiatry, Psychology and Law
Legal Issues Editor, Journal of Law and Medicine

Grants and Commissions

2007-2012 ARC Federation Fellowship ($1.6M)
Rethinking Mental Health Laws: An Integrated Approach.

2007-2009: ARC Discovery Grant ($279,000) [With Patrick Keyzer, Sam Blay, John Petrila, Rajan Darjee]
Preventive Detention of High-Risk Offenders: The Search for Effective and Legitimate Parameters

2005 ARC Discovery Grant ($222,000) [With James Ogloff, John Crichton, Thomas Hadjistavropoulos, Lindsay Thomson] Confidentiality in Therapeutic Relationships: Developing Guidelines for Mental Health Professionals.

2005 ARC Linkage Grant ($143,501) [With Julie Debeljak and Susan Kneebone] Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region.

2005 Criminology Research Council ($64,000) [With Arie Freiberg and Patrick Keyzer] Preventive Detention for 'Dangerous' Offenders in Australia: A Critical Analysis and Proposals for Policy Development.

2005 Council of Australasian Tribunals (COAT) ($49,500) [With Pam O'Connor, Peter Sallman, Ian Freckleton and Bill Potter] Tribunal Members' Manual.

2005 Monash University Small Grant ($2000) Mental Health Law and Human Rights.

2002 Australian Research Council Large Grant ($79,453) [With Dr Danuta Mendelson, Livia Iacovino and Moira Paterson] Electronic Health Records: Achieving an Effective and Ethical Legal and Recordkeeping Framework.

2002 Monash University Small Grant ($6,000) Disclosure of Confidential Psychiatric Information: Legal and Ethical Issues.

2002 Strategic Monash University Research Fund ($4,100) The Role of the International Criminal Court in Combatting Terrorism.

2001 Monash University Small Grant ($9,512) Criminal Responsibility and Impaired Consciousness: Legal versus Psychological Concepts.

2001 Criminology Research Council Grant ($45,000) [With Professor Paul Mullen] Risk Assessment by Mental Health Professionals and the Prevention of Future Violent Behaviour.

2000 ARC Small Grant ($5,000) Confidentiality of Psychiatric and Psychological Communications, Dangerousness and the Duty to Warn.

Publications

2009

"Mental health laws for those "compliant" with treatment" (2009) 17(1) Journal of Law and Medicine (with Damien Bruckard).

"Expanding the Boundaries of Inchoate Crimes: The Growing Reliance on Preparatory Offences" in Bernadette McSherry, Alan Norrie and Simon Bronitt, Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law Hart Publishing/Onati International Series in Law and Society.

Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law Hart Publishing/Onati International Series in Law and Society  (with Alan Norrie and Simon Bronitt).

"To Detain or Not to Detain" (2009) 16(2) Psychiatry, Psychology and Law (with Shrikanth Rangarajan).

"Without Sex: Slavery, trafficking in persons and the exploitation of labour in Australia" (2009) 34(1) Alternative Law Journal (with Miriam Cullen).

2008

"'Dangerous' Legislation" in Fritzon K and Wilson P, (eds) Forensic Psychology and Criminology: An Australian Perspective, McGraw-Hill (2008) 227-236

"Drug-Associated Psychoses and Criminal Responsibility" (2008) 26(5) Behavioral Sciences and the Law 633-653 (with Andrew Carroll, Debra Wood and Steven Yannoulidis)

"Psychiatry and the Law" (2008) 16(6) Australian Health Law Bulletin 97

"Health Professional-Patient Confidentiality: Does the Law Really Matter?" (2008) 15(4) Journal of Law and Medicine 489-493.

"International Trends in Mental Health Laws: Introduction" in McSherry B, (ed) International Trends in Mental Health Laws, Law in Context Special Issue, The Federation Press (2008) 1-9

"Justice for Individuals with Mental Illnesses" (2008) 1  Pandora’s Box 39-45

"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.

"Protecting the Integrity of the Person: Developing Limitations on Involuntary Treatment" in McSherry B, (ed) International Trends in Mental Health Laws, Law in Context Special Issue, The Federation Press (2008) 111-124

"Psychologists' Perceptions of Legal and Ethical Requirements for Breaching Confidentiality" (2008) 43(3) Australian Psychologist 194-204 (with Annegret Kampf, Stuart Thomas and Helen Abrahams).

"Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights" (2008) 12(1) The International Journal of Human Rights 67-87 (with Susan Kneebone)

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

Complete listing of publications, including those prior to 2008