Professor Bernadette McSherry

Publications

Doctorates Awarded

Completed:
Michael Eburn, The Responsibility to Protect Populations from Natural Disasters: An Extension of International Humanitarian Law (Co-supervisor: Gideon Boas)
Joanna Kyriakakis, Corporations, Complementarity and the International Criminal Court
Helen Potts, Human Rights and Public Health: Rhetoric, Reality and Reconciliation
Alan Rothschild, End of Life Decision Making Debra Wilson, The Legality of Human Cloning

2011

A number of other publications by Professor McSherry are available on line at: http://papers.ssrn.com/sol3/results.cfm

'Dangerous' People: Policy, Prediction and Practice (with Patrick Keyzer) New York: Routledge, 2011.

"The Preventive Detention of Suspected Terrorists: Better Safe than Sorry?" in Bernadette McSherry and Patrick Keyzer (eds), ‘Dangerous' People: Policy, Prediction and Practice (New York: Routledge, 2011).

"‘Dangerous' People: An Overview" in Bernadette McSherry and Patrick Keyzer (eds), ‘Dangerous' People: Policy, Prediction and Practice (New York: Routledge, 2011) (with Patrick Keyzer).

"Responses to ‘Dangerous' People: Where to From Here?" in Bernadette McSherry and Patrick Keyzer (eds), ‘Dangerous' People: Policy, Prediction and Practice (New York: Routledge, 2011) (with Patrick Keyzer).

"Who do I turn to? Resolving complaints by mental health consumers and carers" (2011) 18(4) Journal of Law and Medicine 669-676 (with Susan Klauber).

"Rethinking our mental health laws" (21 Jun 2011) The Conversation [accessible via http://theconversation.edu.au/rethinking-our-mental-health-laws-1916].

2010

Rethinking Rights-based Mental Health Laws (with Penny Weller) Portland: Hart Publishing.

Principles of Criminal Law (with Simon Bronitt) Sydney: Thomson, 3rd edition.

“Incorporating Carers’ Rights in Mental Health Legislation” (2010) 17 Journal of Law and Medicine 481-486 (with Prasanna Venkataraman).

“Seclusion and Restraint: Rethinking Regulation from a Human Rights Perspective” (2010) 17(3) Psychiatry, Psychology and Law 1-11 (with Surabhi Kumble). 

"Diversion Down Under - Programs for Individuals with Mental Illnesses in Australia" (2010) Journal of Law And Psychiatry currently published online at: http://dx.doi.org/10.1016/j.ijlp.2010.06.007 (with Elizabeth Richardson).

"The Right of Access to Mental Health Care: Voluntary Treatment and the Role of the Law" in B McSherry & P Weller (eds), Rethinking Rights Based Mental Health Laws (Portland: Hart Publishing, 2010).

"Rethinking Rights based Mental Health Laws" in B McSherry & P Weller (eds), Rethinking Rights Based Mental Health Laws (Portland: Hart Publishing, 2010) (with Penny Weller).

2009

Confidentiality for Mental Health Professionals: A Guide to Ethical and Legal Principles, Australian Academic Press (with Annegret Kämpf, James Ogloff and Alan Rothschild).

Sex Offenders and Preventive Detention: Politics, Policy and Practice, Federation Press (with Patrick Keyzer).

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).

"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.

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

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

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

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.

2007

“Regulating Mental Healthcare Practitioners: Towards a Standardised and Workable Framework” (2007) 14(1) Psychiatry, Psychology and Law 45-55 (with Anna Macleod).

“Trafficking in Persons: A Critical Analysis of the New Criminal Code Offences” (2007) 18(3) Current Issues in Criminal Justice 385-398.

“The Criminal Justice Response to Trafficking in Persons: Practical Problems with Enforcement in the Asia-Pacific Region” (2007) 19(3) Global Change, Peace & Security 205-220 (with Miriam Cullen).

“Providing Mental Health Services and Psychiatric Care to Immigration Detainees: What Tort Law Requires” (2007) 14(2) Psychiatry, Psychology and Law 260-271 (with Azadeh Dastyari).

“Legal Snapshot – Provocation” (2007) 19(4) LegalDate 9.

Sex, Drugs and Evil Souls: The Growing Reliance on Preventative Detention Regimes, Monash University Law Review, vol 32, issue 2, Monash University Law Review, Clayton Victoria, pp. 237-274

The Defence of Provocation in Australia, Legaldate, vol. 19, issue 4, Warringal Publications, Coburg, Victoria, p9

Mental Health and Human Rights: Developing a Right to Enjoy the Highest Attainable Standard of Mental Health, Invited Plenary Speaker at Public Health and Human Rights Conference, Prato, Italy, 9 June 2007

Expanding the Boundaries of Inchoate Crimes: The Growing Relience on Preparatory Offences, Invited Participant at Regulating Deviance Workshop, Onati, Spain, 14 June 2007

The Trial of Zdravko Micevic and the Death of David Hookes, address to the Australian Cricket History Society, Melbourne Cricket Ground, 28 May 2007

Rethinking Mental Health Laws: An Integrated Approach, address at the Federation Fellowships Award Ceremony, Parliament House, Canberra, 22 May 2007

2006

"General Principles of Criminal Law" in I. Freckleton, ed., Criminal Law, Investigation and Procedure in Victoria Volume 1 (Sydney: LBC, 2000) pp 35-145 (revised 2006, pp 1-1025-1-1635).

Confidentiality in Therapeutic Relationships: The Need to Develop Comprehensive Guidelines for Mental Health Professionals" (2006) 13(1) Psychiatry, Psychology and Law 124-131 (with Annegret Kä mpf).

"Regulating to Ensure Patient Safety in Hospitals: Towards a Comprehensive Framework" (2006) 14(2) Journal of Law and Medicine 228-243 (with Anna Macleod).

"The Government's Duty of Care to Provide Adequate Health Care to Immigration Detainees" (2006) 13(3) Journal of Law and Medicine 281-284.

"Access to Confidential Medical Records by Courts and Tribunals: The Inapplicability of the Doctrine of Public Interest Immunity" (2006) 14(1) Journal of Law and Medicine 15-19.

"High-Risk Offenders: Continued Detention and Supervision Orders" Community Issues Paper Sentencing Advisory Council, August 2006. Download [PDF] 699KB

“Sex, Drugs and Evil Souls: The Growing Reliance on Preventive Detention Regimes” (2006) 32(2) Monash University Law Review 237-274.

Conference paper: 'Human Rights and Mental Health: The Gap Between Legislating and Implementing Human Rights', Human Rights 2005: The Year in Review, Melbourne Australia, 2 December. Castan Centre for Human Rights Law, Monash University (2006) 57-81

Expert commentary: 'Finding a New Way to Manage Sex Offenders', Opinion Piece in The Sunday Age, 1 October 2006

2005

Principles of Criminal Law (with Professor S Bronitt) Sydney: Thomson, 2005 (944 pages) 2nd edition.

"Indefinite and Preventive Detention Legislation: From Caution to an Open Door" (2005) 29(2) Criminal Law Journal 94-110.

"Men Behaving Badly: Current Issues in Provocation, Automatism, Mental Impairment and Criminal Responsibility" (2005) 12(1) Psychiatry, Psychology and Law 15-22.

"Posthumous Reproduction" (2005) 13(1) Journal of Law and Medicine 15-18.

"Afterword: Options for the Reform of Provocation, Automatism and Mental Impairment" (2005) 12(1) Psychiatry, Psychology and Law 44-49.

"It's a Man's World: Claims of Provocation and Automatism in 'Intimate' Homicides" (2005) Melbourne University Law Review (in press).

"The Introduction of Terrorism-Related Offences in Australia" (2005) 12(2) Psychiatry, Psychology and Law (in press).

2004

"Australian Criminal Laws: Critical Perspectives" (with Dr B Naylor) Sydney: Oxford, 2004 (621 pages).

"Terrorism Offences in the Criminal Code (Cth): Broadening the Boundaries of Australian Criminal Laws" (2004) 27(2) University of New South Wales Law Journal 354-372.

“Criminal Responsibility, ‘Fleeting’ States of Mental Impairment and the Power of Self-Control” (2004) International Journal of Law and Psychiatry 445-457.

“Third Party Access to Shared Electronic Mental Health Records: Ethical Issues” (2004) 11(1) Psychiatry, Psychology and Law 53-62.

“Ethical Issues in HealthConnect’s Shared Electronic Health Record System” (2004) Journal of Law and Medicine 60-68.

“Risk Assessment by Mental Health Professionals and the Prevention of Future Violent Behaviour” (2004) July, No.281, Trends and Issues Paper, Australian Institute of Criminology 1-6.

“Consenting to Shared Electronic Health Records: The Proposed HealthConnect System” (2004) 11(3) Journal of Law and Medicine 269-273.

“Abortion and the Criminal Law” (2004) 11(4) Journal of Law and Medicine 409-413.

2003

Risk Assessment by Mental Health Professionals and the Prevention of Future Violent Behaviour, Report prepared for the Criminology Research Council, (110 pages) (2003).

“Voluntariness, Intention and the Defence of Mental Disorder: Toward a Rational Approach” (2003) 21 Behavioral Sciences and Law 581-599.

“Legal Issues in Canada” (2003) 10(4) Journal of Law and Medicine 394-398.

“Editorial: Amici Curiae and the Public Interest in Medical Law Cases” (2003) 11(1) Journal of Law and Medicine 5-8.

“Case Note: PD v Harvey and Chen” (2003) 11(1) Journal of Law and Medicine 18-19.

2002

Co-author with J. Walvisch and S. Farrow, Defences to Homicide Issues Paper (129 pages) (Melbourne: Victorian Law Reform Commission, 2002).

“Confidential Communications Between Clients and Mental Health Care Professionals: The Public Interest Exception” (2002) 37 The Irish Jurist (ns) 269-281.

“The Doctrine of Necessity and Medical Treatment” (2002) 10(1) Journal of Law and Medicine 10-16.

2001

Principles of Criminal Law (with S Bronitt) Sydney: LBC, 2001 (900 pages plus index and bibliography)

"Confidentiality of Psychiatric and Psychological Communications: The Public Interest Exception" (2001) 8(1) Psychiatry, Psychology and Law 12-22.

Co-author with Sam Hopper, "The Insanity Defence and International Human Rights Obligations" (2001) 8(2) Psychiatry, Psychology and Law 161-173.

“Expert Testimony and the Effects of Mental Impairment: Reviving the Ultimate Issue Rule” (2001) 24 International Journal of Law and Psychiatry 13-21.

Co-author with Justin Oakley, “Indicators of Risk-adjusted Clinical Performance” (2001) 8(3) Journal of Law and Medicine 240-244.

Co-author with Owen Griffiths, "Human Cloning Offences: The Gene Technology Act 2000 (Cth)" (2001) 9(1) Journal of Law and Medicine 14-17.

2000

“Breaching Confidentiality in the Public Interest: Guidance from Canada?” (2000) 19(3) Monash Bioethics Review 28-34.

“Confidentiality and the Duty to Warn” (2000) 7(3) Journal of Law and Medicine 239-242.

Co-author with Samuel Hopper, “The Pharmaceutical Industry and Ethical Conduct” (2000) 8(1) Journal of Law and Medicine 18-22.

“Case Commentary: R v Stone” (2000) 8(2) Psychiatry, Psychology and Law 279-283.