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Australia's mental health legislation

journal contribution
posted on 2023-05-22, 02:16 authored by Kenneth KirkbyKenneth Kirkby, Henderson, S
Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which are themselves the preserve of the Federal Parliament and legislature. UK legislation has had a key influence in Australia, the 1959 Mental Health Act in particular, with its strong emphasis on voluntary hospitalisation, prefacing deinstitutionalisation.

History

Publication title

International Psychiatry

Volume

10

Pagination

38-40

ISSN

1749-3676

Department/School

Tasmanian School of Medicine

Repository Status

  • Restricted

Socio-economic Objectives

Mental health

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