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Mental Health Law (LAWS70458)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
February
Lecturer
Professor Ian Freckelton QC, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability | February |
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Fees | Look up fees |
This subject will analyse the relationship between psychiatry, psychology and law in contemporary Australia. It will address criteria and policy relating to involuntary status and the use of coercion in relation to those with mental illnesses, focusing on the Mental Health Act 2014 (Vic); the role of the 2013 DSM-5; sentencing of offenders with intellectual disabilities; expert evidence by mental health practitioners; mental harm litigation; the role of post-traumatic stress disorder (PTSD) in civil litigation; prediction of risk in criminal law; syndrome evidence in litigation; profiling evidence; and therapeutic jurisprudence.
Principal topics include:
- Involuntary status in contemporary Australia
- The role of the Chief Psychiatrist, the Mental Health Commissioner and the Mental Health Tribunal
- The role of DSM-5 and ICD-10
- Therapeutic jurisprudence
- Expert evidence by psychiatrists and psychologists
- Intellectual disabilities and sentencing
- Fitness to stand trial under international criminal law
- Civil litigation and complaints against mental health practitioners
- Mental harm litigation
- PTSD in the law
- Prediction of risk evidence
- Syndrome evidence.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have examined the legal and theoretical issues underlying the use of coercion in mental health law
- Have an advanced and integrated understanding of involuntary inpatient and outpatient orders
- Be familiar with the taxonomies of diagnosis in the courts and able to explain them to people from a different background
- Have a sophisticated appreciation of issues surrounding fitness to stand trial, including under international criminal law
- Have an advanced knowledge of the law relating to expert evidence by psychiatrists and psychologists
- Have examined issues relating to mental harm litigation
- Have critically examined the forensic relevance of conditions such as PTSD; Autism Spectrum Disorder and Intellectual Disability
- Understand the significance of risk prediction evidence and criminal profiling evidence; and syndrome evidence
- Be able to provide a detailed critique of the concept of therapeutic jurisprudence and its practical operation.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
8,000 - 10,000 word research paper (100%) (17 May 2017) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Dates & times
- February
Principal coordinator Ian Freckelton Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching start date 31 January 2017 Teaching period 28 February 2017 to 30 March 2017 Last self-enrol date 31 January 2017 Census date 3 March 2017 Last date to withdraw without fail 7 April 2017 Assessment period ends 17 May 2017 February contact information
Lecturer
Professor Ian Freckelton QC, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
I Freckelton and H Selby, Expert Evidence: Law, Practice, Procedure and Advocacy (Thomson Reuters, Sydney, 5th edn, 2013)
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Health and Medical Law Course Graduate Diploma in Legal Studies Course Juris Doctor Course Master of Health and Medical Law Course Master of Laws - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022