Obligatory dangerousness criteria in the involuntary commitment and treatment provisions of Australian mental health legislation

Objective

Involuntary commitment and treatment (IC&T) of people affected by mental illness may have reference to considerations of dangerousness and/or need for care. While attempts have been made to classify mental health legislation according to whether IC&T has obligatory dangerousness criteria, there is no standardised procedure for making classification decisions. The aim of this study was to develop and trial a classification procedure and apply it to Australia's mental health legislation.

Method

We developed benchmarks for ‘need for care’ and ‘dangerousness’ and applied these benchmarks to classify the mental health legislation of Australia's 8 states and territories. Our focus was on civil commitment legislation rather than criminal commitment legislation.

Results

One state changed its legislation during the course of the study resulting in two classificatory exercises. In our initial classification, we were able to classify IC&T provisions in legislation from 6 of the 8 jurisdictions as being based on either ‘need for care’ or ‘dangerousness’. Two jurisdictions used a terminology that was outside the established benchmarks. In our second classification, we were also able to successfully classify IC&T provisions in 6 of the 8 jurisdictions. Of the 6 Acts that could be classified, all based IC&T on ‘need for care’ and none contained mandatory ‘dangerousness’ criteria.

Conclusions

The classification system developed for this study provided a transparent and probably reliable means of classifying 75% of Australia's mental health legislation. The inherent ambiguity of the terminology used in two jurisdictions means that further development of classification may not be possible until the meaning of the terms used has been addressed in case law. With respect to the 6 jurisdictions for which classification was possible, the findings suggest that Australia's mental health legislation relies on ‘need for care’ and not on ‘dangerousness’ as the guiding principle for IC&T.     

The importance of self-beliefs on relational aggression of college students

This study examined the interrelationships among mattering to friends, self-esteem, spirituality, and perpetration of relational aggression in friendships among 457 college students. While the three self-belief variables were positively related to each other, only spirituality and mattering to friends discriminated between men and women. Women reported higher spirituality and mattering to friends, and men reported slightly higher self-esteem. Perpetration of relational aggression was negatively related to mattering to friends and self-esteem and was not related to spirituality. Findings are discussed in light of Erikson's theory of adolescent development and Gilligan's theory of interpersonal relationships.     

Leaders’ perspectives in the Yellowstone to Yukon Conservation Initiative

The Yellowstone to Yukon Conservation Initiative (Y2Y) was created in 1993 to advance conservation in a 1.2 million km² portion of the North American Rocky Mountains. We assembled 21 people with influence over Y2Y in a workshop to elucidate perspectives on challenges and solutions for this organization at a key point in its evolution, and used Q method to define four perspectives on challenges and three on solutions. Participants were differentiated by four models for effecting change—vision-based advocacy, practice-based learning, political engagement, and scientific management—with emphasis on the first three. Those with authority in Y2Y aligned with vision-based advocacy and expressed ambivalence about practice-based adaptive learning and rigorous appraisals of existing strategies. Workshop results were consistent with an apparent trend toward organizational maturation focused on stabilizing revenues, developing formal organizational arrangements, and focusing strategies. Consolidation of power in Y2Y around a long-standing formula does not bode well for the effectiveness of Y2Y. We recommend that leaders in Y2Y and similar organizations focused on large-scale conservation to create and maintain an open system—philosophically and operationally—that capitalizes on the diverse perspectives and skills of individuals who are attracted to such efforts. We also recommend that the Y2Y initiative be followed closely to harvest additional lessons for potential application to large-scale conservation efforts elsewhere.     

EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

An assessment of the accuracy of discriminant function equations for sex determination of the femur and tibia from a South African population

The purpose of this study is to test the accuracy of seven discriminant function equations that have been derived by Steyn and Is?an for sex determination using measurements of the femur and tibia of South Africans of European descent (SAED). While the validity of some of the discriminant functions has been assessed by the authors who derived them, no previous independent study has been carried out to assess the accuracy of these equations. These equations have not been tested on skeletons located outside of the Gauteng province. A suite of measurements were taken on 272 femora and 256 tibiae obtained from four South African skeletal collections. The validity of each of the previously published equations for the femur was confirmed. However, two functions of the tibia showed low accuracy rates, most likely due to difficulties in recording the distal epiphyseal breadth measurement, and thus were found to be poor assessors of sex.     

Constitutional Comparisons by A Supranational Court in Flux: The Privy Council and Caribbean Bills of Rights

This article examines how the Judicial Committee of the Privy Council makes constitutional comparisons between ‘related’ constitutions that are or were within its jurisdiction, deploying its own precedents, as a pragmatic method of resolving idiosyncratic questions that arise across multiple constitutions. In particular, it considers the Committee's approach to the longstanding question of the interpretation of the opening section of Caribbean constitutional bills of rights, which has far reaching implications for the scope of constitutional protection of human rights. The JCPC's answer over time to this question reveals the fault lines for this supranational constitutional court as its jurisdiction peters out yet remains. The gaze of comparativism is very harsh as older constitutions are evaluated in light of newer ones and also as fossilised constitutional interpretations presented in earlier JCPC cases where the Committee no longer has jurisdiction are given new life in contemporary cases.     

Effects of genetic and environmental explanations of psychopathy and gender on perceptions of criminal behaviors

Genetic/biological evidence is increasingly introduced into courtrooms but findings regarding its impact are mixed. This study integrates research on psychopathy and the use of genetic evidence in legal contexts by considering how information on genetic causal accounts of psychopathy affect perceptions of culpability, recidivism, amenability to treatment, and sentencing severity. Perpetrator gender was examined as a moderator. Two-hundred thirty-eight undergraduates read a hypothetical violent crime vignette and mock expert testimony regarding psychopathy. The testimony included a diagnosis only, or a diagnosis plus genetic or environmental explanations of the etiology of psychopathy. Results indicated that a genetic account of psychopathy was not clearly perceived as aggravating or mitigating such that participants were more lenient in their perceptions of culpability yet more punitive in their sentencing recommendations when perpetrators were described to have genetically-caused psychopathy. An environmental account of psychopathy was mitigating but only for sentencing severity. In addition, although participants were more lenient in sentencing male and female perpetrators when provided with an environmental cause of psychopathy, participants judged male perpetrators most harshly when provided with a genetic cause of psychopathy. Implications of the relations between etiology and gender in legal decision-making are discussed.     

Predicting suicidal risk in a cohort of depressed children and adolescents

Background: In children and adolescents with a depressive disorder, predicting who will also go on to exhibit suicide-related behaviors (SRBs), including suicide attempt or self-harm, is a key challenge facing clinicians. Aims: To investigate the relative contributions of depressive disorder severity, hopelessness, family dysfunction, and perceived social support to the risk of suicide-related behaviors. Methods: This was a cross-sectional study of a group of 10-16-year-olds with major depressive disorders and dysthymic disorder. Results: Child-rated depressive disorder symptom severity emerged as the greatest predictor of risk. Hopelessness and family dysfunction were also significant predictors of SRBs. In combination these variables were strong predictors, accounting for 66% of the variance. This is a cross-sectional study design, rather than longitudinal, therefore risk prediction over time was not possible. Conclusions: Understanding the child and adolescents depressive disorder symptom severity from their perspective, their level of hopelessness, as well as their family context is critical in understanding the risk of SRBs. These findings may help to provide direction for targeted interventions to address these clinical risk factors.     

A SOP TO THE "OI POLLOI": CAPITAL, LABOUR AND THE REFORM OF NEW SOUTH WALES MARITIME ADMINISTRATION 1867 TO 1914

Abstract: In 1867 NSW maritime services were rationalised by the formation of a Marine Board comprising government appointees and elected representatives of shipowners. Following several scandals relating to Marine Board administration and an inquiry by the new Public Service Board sitting as a Royal Commission, the Marine Board was replaced in 1899 by a Navigation Department. In 1900 Sydney wharfage was nationalised in response to the bubonic plague outbreak of 1899 and placed under the control of a Sydney Harbour Trust. This dual structure persisted throughout the pre-war period. Calls came from the Greater Sydney movement for wharfage to be placed under the control of an enlarged city council, and from the labour movement of trust tenants and employees for the trust to operate on non-commercial principles. These pressures were successfully resisted by the trust commissioners, despite the presence of a Labor government after 1910. In their administration the commissioners of the Trust favoured capital, but their image of technocratic impartiality enabled them to constrain Labor governments and to carry through substanial extensions of state activity when this was in the interests of capital as a whole.