The use of physical, mechanical and/or chemical restraint is authorised by mental health legislation in most Australian jurisdictions. Research indicates that women have different experiences and needs in relation to the use of restraint, but legislation does not mention sex or gender as relevant considerations in the authorisation, use or monitoring of these practices. This is especially problematic in light of the potential for restraint use to traumatise, or retraumatise, women service users. This section discusses the treatment of gender- and trauma-related considerations in Australian mental health legislation and supporting policy, pointing to several gaps and proposing appropriate changes to practice and regulation.
History
Publication title
Journal of Law and Medicine
Volume
28
Pagination
68-74
ISSN
1320-159X
Department/School
Faculty of Law
Publisher
Lawbook Co
Place of publication
Australia
Rights statement
Copyright 2020 Thomson Reuters
Repository Status
Open
Socio-economic Objectives
Law reform; Legislation, civil and criminal codes; Justice and the law not elsewhere classified