The meaning of mental illness within the Victorian Mental Health Act: the problem of definition |
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| Authors: | Paul D O'Neal |
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| Institution: | Paul O'Neal is a social worker with clinical and senior management experience in the mental health field. He is currently undertaking a law degree at Monash University and has a particular interest in human rights law and disabilities legislation at state and federal levels.He has also worked as a private evaluation consultant and is nearing completion of a Ph. D. candidature at The University of Melbourne. |
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| Abstract: | This study will critically examine the Mental Health Act 1986 (Vic), including the significant changes introduced through the Mental Health (Amendments) Act 1995 (Vic). It will be argued that the Victorian legislation presents some practical difficulties in application as it adopts too broad a definition of mental illness to be used reliably in assessing a person's need for treatment and/or criminal responsibility within a court of law. This lack of precision is potentially problematic for social workers and lawyers alike with respect to key decisions regarding assessment for mental health services and assigning criminal responsibility before the law. Implications for social work practice will be briefly discussed. |
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| Keywords: | law social work Victorian Mental Health Act |
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