No one size fits all (Part 2)
Legal experts and mental health advocates discuss informed decision making, human rights and ethics in the context of mental health legislation.
We hear about the move from substituted to supported decision making under the Mental Health Act 2014, how this affects health professionals, their legal obligations and how in practice, appropriate support for people with disabilities assist them to make informed medical and legal decisions. We also learn about patients' rights and compulsory medical treatment processes, and how the Mental Health Tribunal determines whether someone has the capacity to make decisions themselves. And we ask the experts about how international rights conventions such as the UNCPRD inform and shape State based legislation like the Mental Health Act.
Guests include: Cath Roper from the Centre for Psychiatric Nursing, Hamish McLachlan, Managing Lawyer of Victoria Legal Aid's Mental Health and Disability Law Program and Elissa Scott from Independent Mental Health Advocacy.
Producer: Joel Supple | Host: Tessa de Vries | Co-production: Mellissa Kavenagh and Sara Donaldson
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Further links
Mental Health Advocacy
- Mental Health Advocacy
- United Nations Conventions on the Rights of Persons with Disabilities
- Independent Mental Health Advocacy
- Advocacy in mental health settings
- Supreme Court Action on ECT
- Patients' rights in compulsory ECT cases
- ECT and the Law
Supported Decision Making
- Delivering decision making support to people with cognitive disability | What has been learned from pilot programs in Australia from 2010 to 2015
- What is Supported Decision Making?
- A self-help tool from IMHA about making decisions
- A compilation of national SPDM tools and resources
- CRPD and Transformative Equality by Tina Minkowitz, survivor and human rights lawyer, who was instrumental in the deliberations about the Convention on the Rights of Persons with Disabilities - raising the particular rights issues for people with psychosocial disabilities
- Marlon Noble UN Ruling
- Unfitness to Plead Report
- Support for Consumers with Cognitive Disabilities