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Australian Research Council (ARC) Research Project
Mental Health Tribunals: Balancing Fairness, Freedom, Protection and Right to Treatment?
In 2005, the ARC awarded a three-year Linkages grant to a research team under the leadership of Professor Terry Carney, University of Sydney Law School, to conduct a major research study on Australian mental health tribunal processes, with a focus on the Board, and the New South Wales (NSW) and Australian Capital Territory (ACT) tribunals, each of which is an active project partner, together with the NSW Law and Justice Foundation.
The principal aim of the study is to investigate the ‘fairness and justice’ of mental health tribunal (MHT) hearings in NSW, Victoria and the ACT, and to identify best practice reforms which enhance MHT processes and therapeutic outcomes for participants.
Among other areas, the research involves a study of:
• Actual tribunal operations compared with legislative and policy functions • How consumers and carers experienced the review process • How hearings are administered and conducted • How the interdisciplinary membership of tribunals impacts on processes • What are the relationships between mental health Tribunal is another stakeholder organisations • The impact of legal and lay representation • How tribunal processes and hearing outcomes relate to the broader experiences of mental health treatment and care.
Data sources and study methods include both quantitative and qualitative approaches, namely:
• Australian and overseas literature reviews • Hearing observations • Interviews with consumers and carers • Interviews with professional participants • Analysis of computer records and paper files.
Practical outcomes of the research include:
• Several stakeholder workshops • A full report and recommendations • A published monograph • Published research and conference papers.
Conference and research papers provided by the research team, including the final report, will be posted on the Board’s website.
Below are papers and presentations currently available. "Strengths and Weaknesses of Mental Health Review Processes" (doc 296KB) Terry Carney & Fleur Beaupert "Pushing the Boundaries: realising rights through mental health processes ?" (doc 188KB) Terry Carney, David Tait & Fleur Beaupert "Mental Health Tribunals: "TJ" implications of weighing fairness, freedom, protection and treatment" (doc 182KB) Terry Carney, David Tait, Duncan Chappell & Fleur Beaupert "Aspects of mental health tribunal processes that may impact on their 'therapeutic' potential" (doc 216KB) Fleur Beaupert "The fairness & treatment dilemma in Mental Health Tribunals" (doc 231KB) Terry Carney, David Tait, Duncan Chappell & Fleur Beaupert Other published papers that are available from other sources: "Mental Health Tribunals: From Crisis to Quality Care?" Fleur Beaupert Alternative Law Journal (AltLJ) (2007) Vol 32:4, pages 219-223 and 232 Further information about the ARC research project, and contacts for the research team, can be found at http://www.justiceenvironments.edu.au/project-2/publications/overview .
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