Mental Health Legislation - Doc

Running head: ASSIGNMENT 2 B 1
Assignment 2 B
Name
Institution

ASSIGNMENT 2 B 2
ASSIGNMENT 2 B
Introduction
Legislations on mental health are set to achieve the purpose of treatment and availing of
ideal living conditions for patients. There exist several legislative channels that are unique to
mental health such as funding, performance, assessment and a follow up on the relevance of
implementation and service delivery. The legal commentary is purposed to compliment the
source of particular legislation, under this paper, we are going to look into reviews that provide
relevant information on interpretation of terms in the legal topic. Over the past 50 years, mental
health legislation has been widely modified and developed worldwide to cater for people living
with the various types of diagnosable mental disorders.
Mental illnesses over these years have risen due to the effects of conflicts and accidents
where the involved are faced with a high chance of suffering psychiatric disorders. In the event
of post-conflict violence, there exists a large number of citizens affected by the trauma, a
significant cause of mental illness posing a slow socio-cultural and economic growth. This paper
seeks to highlight the advances in the mental health legislation. Legislations and policies provide
for the set standards that the government expect the nature of service to be delivered, the type of
care provided and the setting. This paper seeks to review advances in mental disorders
legislations with a significant focus on the recent legislation.
Various legislation frameworks have been formulated in line with the internationally
enacted policies by The World Health Organization. The WHO guides on the recognition of
mental disorders as a global burden which ought to undergo a series of facility reforms and
development of proper health policies, financial support planning, and organization to ensure
adequate delivery of services to the affected.

ASSIGNMENT 2 B 3
Mental Health Acts (MHAs), provide for involuntary delegation, diagnosis and recovery
of patients suffering from acute and chronic psychological disorders. Australia has enacted
several policies to ensure an equal balance of liberties to avert further harm arising from
ignorance of patients and providence of proper, appropriate care.
Informed Consent
This regulation upholds the provision that consent must be genuine, wholesomely and
offered efficiently. Issues concerning the patient must be genuinely explained within a
considerable limit failure to which, penalties shall be awarded ranging from non-penalised
jurisdictions to financial penalties of up to $50,000 or an alternative 4-year imprisonment term.
Shirley was referred to social work counseling upon medication and proper advisories from the
hospital which facilitated the prescription of drugs to correct her sleeping disruptions. She
needed further assistance to recover her mental stability and be capable of resuming her social
and economic activities.
Service Model
Issues arising on this is the adequate and efficient selection of a model for the provision
of mental health services, whether based on an individual or a group of patients. Most of the
existing models majorly relate to services on adult psychological disorders and mental
depressions. However, there are cases where the diseases progress from childhood. An ideal
intervention model should be inclusive of promotion of mental health through early prevention,
treatment, and rehabilitation at primary stages. The healthcare setting both at tertiary secondary
and primary levels is a priority.
Patient Benefits

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Beside refrain and involuntary treatment of patients, World Health Organization (WHO)
provides for the award of disability benefits to the affected people since they cannot undertake
regular socio-economic duties effectively.
Electroconvulsive Treatment
This regulation varies from one respect to another according to the different acts with the
most common feature being treatment based on 9-12 courses before re-evaluation for progress.
The purpose of the tribunals being the giving of a go-ahead on ECT treatment on cases of
emergencies and hearing on voluntary requests for ECT treatment. Majority of the acts give
provisions on the consent to ECT and information to the patient for permission.
Forensic Patients
The legislation is in place to carter for convicts and those charged in a court of law for
criminal activities to have access to the best mental health care without any different service to
those offered to other patients. However, in most of the states in Australia, these jurisdictions are
observably less valuable as compared to other patients. Such a case can be illustrated in an event
where a chief health officer can move a prisoner to a psychiatric hospital without following the
applicable criteria for admission. Under this act, there are no relevant provisions for forensic
patients, and there should be amendments for the detention of those charged under the basis of
insanity.
Minors
The second UN principle on mental health recommends adequate legal protection of the
rights upheld by juveniles through the delegation of personnel to represent the client as opposed
to a family member. There are legislations in place to protect the young in the society from
voluntary and involuntary admission to psychiatric care centers.

ASSIGNMENT 2 B 5
If the court feels that the representative appointed is not appropriate, the mental act also
provides or the appointment of a separate representative. Currently, the only Mental Act, The
Victorian Mental Health Act is the only of its kind offering for a statutory establishment for
adolescent services
Guardianship act
The guardianship and management of property act give provisions for the establishment
of a tribunal conveying power to appoint a guardian if the patient is unable to achieve self-care
due to the physical or psychological shortcomings (Thalmayer, Friedman, Azocar, Harwood &
Ettner, 2016). The powers conferred to the guardian are clearly outlined in the act and include
conditions on whether the patient may work, is leading a healthy exposure life and gives the
consent to medical attention. It also provides for the power of appointment of a manager to the
patient to assist in the oversight and control of the patient’s property. This can be wholly or
partially if the tribunal is satisfied that the patient. This is due to intellectual or psychological
incompetency, is incapable of efficiently running transactions relating to the property and is in
need to make such decisions.
Healthcare standards
It stipulates that every patient is entitled to be given the most appropriate health care at
standard levels that match other patient’s services. It also provides that the patient should at all
costs be kept away from unjustified harm due to improper handling or uncontrolled exposure to
health-threatening discomforts such as other patients (Szmukler, Daw & Callard, 2014). It
contains a provision for involuntary admission patients and those requiring treatment to sustain
their lives to be efficiently facilitated in medical institutions. However, there is not a prohibition
on the restraining of patients by use of mechanical and seclusion techniques.

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Community Treatment
The mental health act provides for treatment in the community as the essential
complement to inpatient treatment. Shirley is a perfect illustration of this act having been
referred to a social worker from a medical facility (Horgan, et al., 2015).
Confidentiality
The general amendment act of 1990 introduced a bit of a section of the supreme law
providing for penalty imposture on the unauthorized information disclosure concerning a mental
health patient by psychiatrists or the institution itself (Halter, 2017).
Review
In the event of involuntary detention, the medical facility should review the decision at a
regular interval to invalidate the admission on unintentional grounds in case the health of the
patient improves beyond the satisfaction of the judicial or independent reviewing body (Dawson,
2015). The reviewing authority which consists a president and member appointed by the
governor on a seven-year term act on recommendations of the minister after inboard
consultation. The members are characteristic of psychiatric qualifications, legal qualifications
and medical qualifications appropriate for the mental wellbeing of the society.
Complaints
This legislation allows for the intake of claims and the conduction of appropriate action
upon review of the allegations. Patients undergoing psychiatric treatment and counseling and
those who had already passed through it have a right to complain as the statute provides a user-
friendly channel (Avendano, Berkman, Brugiavini & Pasini, 2015). The health services act of
1988 gives the minister the powers to appoint a council or a committee to undertake quality

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assessment and quality assurance. Based on the patient’s complaint, the committee is tasked with
evaluation of the health services offered and competence of the psychiatric personnel.
Conclusion
The legislations aforementioned are in place to ensure the community is not exposed to
whatsoever harm arising from medical and psychiatric malpractices to safeguard the balance of
patient’s rights to proper treatment. The Implementation Monitoring community established in
1990 to ensure the right's balance is meant to determine the level of achievement.

ASSIGNMENT 2 B 8
References
Avendano, M., Berkman, L. F., Brugiavini, A., & Pasini, G. (2015). The long-run effect of
maternity leave benefits on mental health: evidence from European countries. Social
Science & Medicine, 132, 45-53.
Dawson, J. (2015). A realistic approach to assessing mental health laws' compliance with the
UNCRPD. International Journal of Law and Psychiatry, 40, 70-79.
Halter, M. J. (2017). Varcarolis' Foundations of Psychiatric-Mental Health Nursing-E-Book: A
Clinical Approach. Elsevier Health Sciences.
Horgan, C. M., Hodgkin, D., Stewart, M. T., Quinn, A., Merrick, E. L., Reif, S., ... & Creedon,
T. B. (2015). Health plans’ early response to federal parity legislation for mental health
and addiction services. Psychiatric Services, 67(2), 162-168.
Szmukler, G., Daw, R., & Callard, F. (2014). Mental health law and the UN Convention on the
rights of persons with disabilities. International journal of law and psychiatry, 37(3),
245-252.
Thalmayer, A. G., Friedman, S. A., Azocar, F., Harwood, J. M., & Ettner, S. L. (2016). The
Mental Health Parity and Addiction Equity Act (MHPAEA) evaluation study: impact on
quantitative treatment limits. Psychiatric services, 68(5), 435-442.