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Mental Health Law

Footage Released of NSW Police Using Excessive Force Against Elderly Woman

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While the outrage that New South Wales police tasered a 95-year old dementia patient in a Cooma nursing home last week continues to simmer, another disturbing story has emerged. Footage has now surfaced of of six police officers using two...

The History of Parricide: Intentionally Killing a Close Family Member

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Murdering one’s own mother or father is an act so reviled throughout history that no King, Queen, Emperor, Sultan or dictator wanted to acknowledge it even existed by making it a discrete criminal offence. This is despite many such heads...

Climate Defender’s Mental Health Application Succeeds in Court

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Mali Cooper was the courageous Blockade Australia climate defender, who, on 27 June 2022, as part of a broader citywide protest blocked the northern entrance to the Sydney Harbour Tunnel with their car, causing morning peak hour disruption, aiming to alert...

The Impact of Lockdowns on Australia’s Youth

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Social isolation resulting from lockdowns, a lack of hope for the future and fear of the virus are fuelling anxiety and depression among Australian children and teenagers at alarming rates. Mental Health problems in young people The Royal Australian and...

The New Mental Health Regime in the NSW Criminal Courts

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The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the New Act) came into effect on the 27 March 2021. Passed last June, the New Act replaces the Mental Health (Forensic Provisions) Act 1990 (NSW) (the Old Act)...

Can I Have My Criminal Charges Dismissed Due to Mental Health? Section 14 Orders in NSW

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On 27 March 2021, new laws came into effect in New South Wales to deal with situations where persons suffering from mental health issues come into contact with the criminal justice system. Among other things, the new laws cover: Applications...

Mental Health Applications in the NSW Local Court: Section 14 Orders

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Before 27 March 2021, persons suffering from mental health conditions who were accused of NSW criminal offences could apply for an order referring them to a diversionary program, rather than subjecting them to a penalty under the general criminal law....

The Defence of Mental Illness in New South Wales

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A New South Wales man who killed his baby girl by throwing her into the Tweed River has been found not guilty of murder by reason of mental illness. Justice Helen Wilson said in her special verdict in the Supreme...

The Impact of COVID-19 on Mental Health

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We’ve heard about the anti-maskers threatening retail workers and about the woman who assaulted a police officer. We read about people lying to police to get across interstate borders and about the people who’ve tested positive to Covid-19 flouting social...

Mental Health Laws Are Set to Change In NSW

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Key aspects of NSW forensic mental health laws are set to change in 2021 following the passage of the Mental Health and Cognitive Impairment Forensic Provisions Bill 2020 (NSW) last month. The changes will clarify principles involved in key forensic...
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