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Legal issues in mental health Michael Eburn and Julia Werren School of Law UNE, Armidale.

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Presentation on theme: "Legal issues in mental health Michael Eburn and Julia Werren School of Law UNE, Armidale."— Presentation transcript:

1 Legal issues in mental health Michael Eburn and Julia Werren School of Law UNE, Armidale.

2 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident

3 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police

4 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt

5 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers

6 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities

7 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner

8 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault.

9 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault. HCCC/Board

10 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault. HCCC/Board Disciplinary Protect the community and professional standards.

11 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault. HCCC/Board Disciplinary Protect the community and professional standards.

12 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault. HCCC/Board Disciplinary Protect the community and professional standards.

13 UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Scenario Wayne – a forensic patient on leave Injures one health care worker. Restrained by another. Is killed whilst running away. What are the legal issues?

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