Unit rationale, description and aim
This unit is designed to give students an introduction and overview of the interface between the disciplines of psychiatry and law. It examines how the empirical research and theories of psychiatry intersect with the application of legal principles and practices. As a result of successfully completing this unit, students should be able to translate personal and social issues concerning the study of mental illness into the practice of mental health law and evaluate the efficacy of different perspectives in relation to contemporary debates about mental illness. Students should also demonstrate successful teamwork, involving the ability to participate in collaborative learning activities face-to-face as well as the development of independent learning skills.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Examine and apply mental health law to solve probl...
Learning Outcome 01
Use legal research and analytical skills to presen...
Learning Outcome 02
Understand the concept of Human Rights in the Ment...
Learning Outcome 03
Content
Topics will include:
- Psychiatrists and Psychologists in Court: the view from the expert witness and legal profession
- Ant Psychiatry movement in the 1960’s challenging the legitimacy of mental illness- Dr Thomas Szasz, Dr R.D. Laing, Dr David Cooper
- Introduction to the Mental Health Act 2007 (NSW), Mental Health and Well Being Act 2022(VIC) and Mental Health Act 2016(QLD)
- Jurisdiction of the Mental Health Review Tribunal (NSW), Mental Health Tribunal (VIC), Mental Health Review Tribunal (QLD), Mental Health Court (QLD)
- Mental illness- Psychosis, Schizophrenia, Mania, Bipolar Disorder
- Mental Disorder - Cognitive Impairment, Post Traumatic Stress Disorder
- Psychopharmacological Treatment and Medication
- DSM (Diagnostic and Statistical Manual of Mental Disorders) and the ICD (International Classification of Diseases)
- The criminal justice system, fitness for trial, mental health courts and mental health diversion-Mental Health and Cognitive Impairment (Forensic Provisions) Act 2020 (NSW), Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (VIC), Mental Health Court-Mental Health Act 2016 (QLD)
- Defences- Mental Health Impairment or Cognitive Impairment (NSW), Disease of the Mind or mental impairment (VIC), Mental Disease or Mental Infirmity (QLD)
- Financial Management and Guardianship orders - NSW Civil and Administrative Tribunal (NCAT), Victorian Civil and Administrative Tribunal (VCAT), Queensland Civil and Administrative Tribunal (QCAT)
- International human rights law- United Nations Convention on the Rights of Persons with Disabilities (CRPD)
- Review of Forensic and Correctional Patients by Mental Health Review Tribunal (NSW), Review of Forensic Patients (Forensic Leave Panel) and Mental Health Tribunal (VIC), Review of Forensic Patients (Mental Health Review Tribunal) (QLD)
- Risk assessments tools- unstructured clinical judgment, actuarial approach, HCR-20v3 risk factors, Violence risk appraisal guide) (VRAG), Short Term Assessment of Risk and Treatability (START)
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law, applying knowledge, skills and understanding acquired in Priestley units.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
Overview of assessments
Assessment 1- Class Participation
Assessment 1- Class Participation
10%
Assessment 2- Research Assignment
Assessment 2- Research Assignment
30%
Assessment 3 - Class Reflection Note
Assessment 3 - Class Reflection Note
10%
Assessment 4 – Final Take Home Examination
Assessment 4 – Final Take Home Examination
50%
Learning and teaching strategy and rationale
This level four elective unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law applying knowledge, skills and understanding acquired in Priestley units.
Our strategy is to encourage students to creatively engage with unit content and to apply prior learnings to new legal problems.
This unit is taught in an intensive mode of delivery. Each weekend there will be approximately 12 hours of face-to-face seminar teaching (over three weekends). Students are required to study the online material and prescribed reading and complete activities before attending the weekend face-to-face seminar. You will need to engage with the online material, textbook and seminars in order to successfully complete this unit. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.