Program Overview

MHP209 Mental Health, Law and Ethics

This subject addresses legal and ethical issues pertaining to the intervention and management of people with mental illness or mental health disorders. Mental health professionals are accountable for their day-to-day work to the consumer and the community, and are expected to practice within a standard of care framework. The subject explores the Civil Liability Act, negligence, and other legal issues such as managing information, the Privacy Act, the Crimes Act, and mandatory reporting. The Mental Health Act is also examined in relation to its governance of daily practice. Ethical issues surrounding mental health care and treatment are discussed, including the principles of autonomy, beneficence, non-maleficence, and justice.

Subject Information

• Grading System: HD/FL
• Duration: One session
• School: School of Nursing, Midwifery and Indigenous Health
• Enrolment Restrictions: Restricted to Aboriginal and Torres Strait Islander people.

Learning Outcomes

Upon successful completion of this subject, students should:

• be able to engage in research to analyse the way in which the legal system was established, its functions, and its relationship with mental health workers
• be able to discuss the legal, ethical, and potential cultural issues that may arise in mental health practice
• be able to identify the laws, policies, and guidelines that influence the practice of mental health professionals and the impact on clients
• be able to describe and discuss the term Code of Practice
• be able to discuss and apply the relationship between legal and professional responsibility
• be able to discuss and describe duty of care and standard of care alongside negligence and legal liability
• be able to discuss the importance of managing information and confidentiality in print and digital forms
• be able to describe informed consent, mandatory reporting, and freedom of information
• be able to identify steps in ethical decision-making

Syllabus

This subject covers the following topics:

• The Australian legal system and sources of law
• Ethical theory and applied principles (including an examination of autonomy and paternalism in mental health care)
• Introduction to relevant legislation including the Mental Health Act, Child Welfare Act, and Occupational Health and Safety Act
• An examination of tort law (negligence, vicarious liability, assault, informed consent, false imprisonment) including the Civil Liability Act
• Professional role and responsibilities relating to patient's rights, health care worker rights, privacy, confidentiality, withdrawal of treatment, and advance care directives
• Professional Code of Ethics and Conduct
• Ethical issues related to assault and abuse, forensic and involuntary detention
• Documentation

Residential School

This subject contains a 2.66-day compulsory residential school. Students undertaking subjects within the Bachelor of Health Science (Mental Health) Djirruwang Program are supported in their study endeavors through DEEWR funding under Away from Base to attend the compulsory residential schools.

Special Resources

This subject has a residential school.