Mental Health Law in Western Australia Introduction People affected by mental illness and impairments are among the most over-represented, vulnerable and disadvantaged members of the community in relation to the criminal justice system. These people are entitled to rights and services that are constantly being denied, due to widespread stigmatisation and discrimination associated with mental illnesses. The disproportionate interaction of people affected by mental illnesses with the justice system is adversely affecting their prospects for fair treatments, costing the community as a whole. This paper will analyse the effectiveness of current laws applying to people affected by mental illnesses, as well as providing a history of mental health …show more content…
This definition is inconsistent with the Mental Health Act 1996. This creates a contradiction within the MIA Act, as s 8 refers to the above definition while s 5(2) refers to the definition provided in the Mental Health Act. Despite the discrepancies within the act, both acts recognise the difference between a mental impairment and a mental illness. A mental illness is susceptible to treatment, while a mental impairment is permanent, such as an intellectual impairment. The MIA act defines mental impairment as “intellectual disability, mental illness, brain damage or senility”. The inconsistencies of the different definitions of mental illness and impairment, rather than being clear and concise, may leave itself vulnerable to a difference in …show more content…
The MH bill 2013 has been passed by parliament in 2014 and will replace the 1996 Act. However, despite many improvements that are made to the act there are still deficiencies that arise. One of the major issues of the act is that it widens the scope for people to be considered involuntary patients. The UN principle 16 states that a person is to only be considered an involuntary patient if a qualified mental health practitioner authorises that the person is likely to cause harm to themself or others, or failure to admit the individual will result in a serious deterioration in his or her condition. Over the past 30 years, involuntary treatment has been one of the most consistently debated issues in mental health law. There have been substantial concerns that by widening the scope of people to be considered involuntary patients, it could cause a serious risk to the reputation of the person or cause irreparable damage to significant personal
The aim of this assignment is to examine the Mental Capacity Act evaluating its effect on introducing safeguard for deprivation of liberty, both for patients and individuals lacking capacity in hospital and residents of care homes.
The Mental capacity Act 2005 is a very important piece of legislation, because it makes a real difference to the lives of people who may lack mental capacity. The act will empower patients to make their own decision; it will also protect people with lack capacity by providing them with a flexible framework that places individuals at the very heart of the decision-making process.it will make sure that the patients with lack of capacity participate as much as possible in any decisions made on their behalf, and that these are made in their best interests. It also allows people to plan ahead for a time in the future when they might lack the capacity, for any number of reasons, to make decisions for themselves. The Act covers a wide range of decisions and circumstances; the act is supported by the practical guidance, and the Code of Practice which provides information about how the act works in practice. (http://www.direct.gov.uk 2007)
Seltzer, T. (2005). Mental Health Courts: A Misguided Attempt to Address the Criminal Justice System's Unfair Treatment of People with Mental Illnesses. Psychology Public Policy and Law, 11(4), 570-586. doi:10.1037/1076-8971.11.4.570
The BBC documentary, Mental: A History of the Madhouse, delves into Britain’s mental asylums and explores not only the life of the patients in these asylums, but also explains some of the treatments used on such patients (from the early 1950s to the late 1990s). The attitudes held against mental illness and those afflicted by it during the time were those of good intentions, although the vast majority of treatments and aid being carried out against the patients were anything but “good”. In 1948, mental health began to be included in the NHS (National Health Service) as an actual medical condition, this helped to bring mental disabilities under the umbrella of equality with all other medical conditions; however, asylums not only housed people
What is definitive is that the MHPA could use some improvement. Besides according to Dlugacz et al. (2004) a business or agency should always strive for better (Dlugacz et al., 2004). The Department of Labor (DOL) identified several problems with the MHPA, that were referred to as violations. These violations can be thought of as areas that MHPA is not in compliance. Naturally, it seems that the MHPA falls short on the quality assurance end of the spectrum. Therefore, this writer is suggesting for quality assurance measures to be put into place in order to improve consistency. Consistency is required in the following areas: to minimize the stringent restrictive quantitative treatment limitations (QTL), lower annual dollar limits on benefits, inadequate disclosures, insufficient benefits, and higher financial requirements (DOL, n. d.). With quality assurance measures in place, managers can make a conscious effort to include mandatory in services that employees must attend to/training as part of their continued education, as for the community more awareness needs to be drawn to mental illness, while also sharing with the community all the services available under the MHPA. Perhaps the combinations of both actions can lead to a more successful and utilized MHPA. While also normalizing mental illness and substance use
Seltzer, T., 2005, ‘Mental health courts – A misguided attempt to address the criminal justice system’s unfair treatment of people with mental illnesses’, Psychology, Public Policy and Law, vol. 11, no. 4, pp. 570-586.
Patfield, M. (2006), The ‘mentally disordered’ provisions of New South Wales mental health act 1990: their ethical standing and effect on services, Australasian Psychiatry, Vol. 14, No. 3, pp. 263-266.
There are many ways in which the mentally ill are degraded and shamed. Most commonly, people are stated to be “depressed” rather than someone who “has depression”. It is a common perception that mental illnesses are not a priority when it comes to Government spending just as it is forgotten that most mental health disorders can be treated and lead a normal life if treatment is successful. The effect of this makes a sufferer feels embarrassed and feel dehumanized. A common perception is that they should be feared or looked down upon for something they have not caused. People experience stigma as a barrier that can affect nearly every aspect of life—limiting opportunities for employment, housing and education, causing the loss of family ...
The Criminal Code is an example of legislation that is more aimed at protecting the public and obtaining justice, rather than ensuring psychiatric offenders are treated. That being said, mental health does not only become a legal problem if a mentally ill person enters the justice system. Law plays a large role in access to treatment in a general sense. In British Columbia (BC), the main legislation in this area is the Mental Health Act (MHA). It allows for the same treatment that is used in most jurisdictions – voluntary or involuntary treatment. The mental health legislation and the criminal legislation have different underlying purposes. In McCorkell v Director of Riverview Hospital, Justice Donald explained that the objects and purposes
Mental health legislation is basically protecting rights of individuals with mental disabilities by protecting their human rights, autonomy and freedom (Kerbage,Chammay,Richa ,2015). In addition to access to mental health services in community setting (Kerbage,Chammay , Richa, 2015) that are currently do not exist in Lebanon. In order to examine the effectiveness of mental health legislation one should compare it to international guidelines to ensure a stronger and more effective means of protecting rights of people with mental disorders. In 2006 the United Nations General assembly conducted CRPD (convention on the rights of person with disabilities) legal binding UN document which is based on Mental Illness principles (MI) and declaration of Madrid by World Psychiatric Association as an international guideline (Kerbage,Chammay ,Richa ,2015).
The mental illness is a condition that disrupts a person’s thinking, feeling, mood and ability to relate to others and daily functioning. Mental illness includes major depression, bipolar disorder, obsessive compulsive disorder, panic character and poor upbringing. The mental illness can affect any person of any age, race, religion or income. People with mental illness they experience many different problems in their life like for example prejudice and discrimination are one of the problems they face in every aspect of their lives. Graham suggest that attitudes that most people hold towards those labelled with mental illness are, major barriers to does with people with mental illness because they can’t lead their lives in the away they want, they are hold down jobs they are qualified for, they live in ordinary houses, to engage in social relations and to enjoy their basic rights as citizens it’s very difficult. Sometimes the family attitude also have a very important influence on the person with mental illness, because family are the ones that should be on our sides and protect us and support us from harm, but sometimes people with mental illness they don’t have the protection from their family they are...
Mental health stigma is a complex issue that resonates within society, although there have been great investments over past 2 decades to help with the difficulty of mental illness majority of the diagnosed patients fear under going treatment for psychological illnesses as it reduces self-confidence and deprives individuals of social opportunities and acceptance through the undesirable and derogatory connotations that are ascribed with the label ‘mentally ill’.
Introduction Due to the nature of the criminal justice system, the history of the treatment of those with mental disorders and the history of the criminal justice system have been intimately intertwined. Both the criminal justice system and treating mentally ill individuals can be traced back to the beginning of human existence. Over the ages, both systems have evolved and expanded with the changes within society. In some ways, the criminal justice system has become more tolerant of those with mental illness, while in other aspects, the criminal justice system has become less tolerant of those with mental disorders. Now more than ever, the criminal justice system interacts with mentally ill individuals.
Scottish Government (2004) The New Mental Health Act – What’s It All About? A Short Introduction. Available online at www.scotland.gov.uk/publications/2004/01/18753/31686, first accessed 28/04/2011
In conclusion the law and psychology need to do a better job working together so we can make the best outcome for everyone. Being mentally ill is not a bad thing, it is just a bad thing when you cannot control your urges: “It is a disorder that impairs the human mind and prevents distinguishing between actions that are right and wrong…They are brain disorders resulting in a diminishined capacity for coping with the demands of life” (Torry 255). By coming together we can make progress and make a success out of making stricter guildlines, treating mentally ill before crime happens, and placing them into institutions, not prisons. This success can be an overall positive thing for the individual and society.