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Mental Health Law in New Zealand 2nd Edition is a unique guide to the interaction between the mental health system and the law in New Zealand. This book displays a sound understanding of the complex clinical realities that arise in this area of medical practice, and is aimed at mental health professionals, psychiatric social workers, caregivers, advocacy groups, lawyers, and medical, social science and law students.
Medical Law in New Zealand is an authoritative account of the law relating to health care in New Zealand. Litigation involving doctors established many of the relevant principles, but these principles apply equally to other health practitioners in their relations with patients. The book deals with matters that extend across this wide range of health practice.
This publication is a practical guide to the law on mental health issues that arise within the criminal justice framework in New South Wales. It offers comprehensive coverage and clear explanations of all of the important topics in this field and is an ideal resource for lawyers, mental health professionals, correctional health personnel, and anyone else engaged in the fields of criminal law and forensic mental health, or students with an interest in pursuing studies or a career in these areas. All chapters have been fully revised, updated and, in many cases, significantly expanded. The operation of the Mental Health Act 2007 and the Mental Health (Forensic Provisions) Act 1990 is dealt with in detail. New to this edition are the chapters on the management of forensic and correctional patients, infanticide, and a comprehensive chapter on the assessment and management of risk, including a section on the Crimes (Serious Sex Offenders) Act 2006.
A thorough, nongovernmental review of the workings of New Zealand's Mental Health (Compulsory Assessment and Treatment) Act, which was ratified more than 20 years ago, this book provides expert scrutiny of important legislation governing one of the most vulnerable sectors of society. It offers a rounded portrait of the implementation of the country's compulsory assessment and treatment regime, set within its wider legal context-a portrait drawn by clinicians and consumers, lawyers and officials, nurses and social scientists, Maori and non-Maori, alike. The book examines how the act is used and whether it needs to change, addressing questions including, How are the legal standards governing compulsory treatment applied? Do the review procedures sufficiently protect those under the act? and Should mental health patients with capacity have the right to refuse treatment?, among many others.
The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.
This is a unique analysis of the interaction between the mental health system and the law in New Zealand. It provides extensive commentary and discussion on mental health law and practice and provides clear practical guidance on and understanding of complex clinical realities that arise in this area of legal and medical practice. Since the second edition was published in 2005 there have been major legislative, common law and societal developments that impact mental health law. The book has been restructured and has new content on social media and young people; the committal process and mental health advocacy.
Mental Capacity Law in New Zealand is a comprehensive text on the legal position of people who lack capacity, in many different contexts, including their position regarding health care, residential placement, property management, and participation in legal proceedings. General Editors Iris Reuvecamp and John Dawson have assembled a team of subject matter experts from both legal and medical backgrounds who cover all major areas of the law of mental capacity in New Zealand (except the criminal law).
Health and Safety at Work in New Zealand: Know the Law is an authoritative, practical guide to the Health and Safety at Work in New Zealand Act 2015 and its accompanying regulations. When the new legislation came into force on 4 April, 2016 it brought a greater responsibility to not only understand health and safety, but also to know the law. This book was written to support health and safety practitioners and professionals through that implementation and transition. The second edition of Health and Safety at Work in New Zealand: Know the Law builds on the well-respected foundations of the first edition, analyzing case law under the new regime and developments in health and safety culture. it includes a new chapter on bullying, harassment and mental health in the workplace and the role of Worksafe. The 14 chapters and comprehensive subject index cover all the essential elements of the legislation and regulations, the legal framework and policy background, while also discussing relevant cases from New Zealand and Australia. Chapters discuss key terms, offences, enforcement, sentencing, regulations and codes of practice. There is guidance on industry specific topics that many readers will find useful including asbestos, earthquake issues, oil and gas, farming, adventure tourism and construction. The book also includes diagrams to help explain key concepts. Health and Safety at Work in New Zealand: Know the Law 2nd edition is a concise, user-friendly reference tool for legal practitioners, advisors, managers, directors, health and safety professionals, corporates, regulators and students.
International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.
Much of the mental health legislation in the Pacific region is archaic, pays no attention to the rights of mental health consumers and is long overdue for reform. A small number of countries in the Pacific has recently undertaken such reform. This work analyses the provisions of past and present mental health statutes in selected Pacific countries to establish, firstly, whether the new legislation has prima facie created or improved pathways for access to justice for mental health consumers and, secondly, whether these pathways offer any practical benefit for those subject to involuntary detention. The research is based on field work involving interviews and correspondences with mental health professionals, court officials, law reformers, lawyers and other professionals in the Pacific region.