Psychiatric advance directives in Australian mental-health legislation. 2017

Calina Ouliaris, and Warren Kealy-Bateman
Medical Student, University of Sydney, Sydney, NSW, Australia.

OBJECTIVE Following the recent widespread reform of mental-health legislation in Australia, psychiatric advance directives (PADs) have now been incorporated in four jurisdictions. We contextualise the potential role for PADs within the Australian legal framework and note their varying introduction across jurisdictions, with a focus on progressive legislation in the Australian Capital Territory (ACT). CONCLUSIONS The formal recognition of PADs effectively shifts the trajectory of mental-health law towards a stronger recognition of consumer autonomy, albeit to varying degrees across jurisdictions. The most inspiring of these changes may be seen in the ACT Act, where an innovative framing of PAD provisions creates a safe space for clinicians and patients to engage, build therapeutic alliances and develop appropriate frameworks for further change.

UI MeSH Term Description Entries
D007883 Legislation, Medical Laws and regulations, pertaining to the field of medicine, proposed for enactment or enacted by a legislative body. Medical Legislation
D008603 Mental Health Emotional, psychological, and social well-being of an individual or group. Mental Hygiene,Health, Mental,Hygiene, Mental
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D006806 Human Rights The right of the individual to cultural, social, economic, and educational opportunities as provided by society, e.g., right to work, right to education, and right to social security. Linguistic Rights,Right to Housing and Shelter,Rights of Indigenous Peoples,Collective Human Rights,Equal Rights,Human Rights, Collective,Indigenous Peoples Rights,Rights, Collective Human,Rights, Equal,Rights, Linguistic
D001315 Australia The smallest continent and an independent country, comprising six states and two territories. Its capital is Canberra. Canton and Enderbury Islands,Christmas Island,Christmas Island (Australia)
D016223 Advance Directives Declarations by patients, made in advance of a situation in which they may be incompetent to decide about their own care, stating their treatment preferences or authorizing a third party to make decisions for them. (Bioethics Thesaurus) Health Care Power of Attorney,Medical Power of Attorney,Healthcare Power of Attorney,Psychiatric Wills,Ulysses Contracts,Advance Directive,Attorney Healthcare Power,Attorney Medical Power,Contract, Ulysses,Contracts, Ulysses,Directive, Advance,Directives, Advance,Psychiatric Will,Ulysses Contract,Will, Psychiatric,Wills, Psychiatric
D026684 Personal Autonomy Self-directing freedom and especially moral independence. An ethical principle holds that the autonomy of persons ought to be respected. (Bioethics Thesaurus) Autonomy, Personal,Free Will,Self Determination
D028642 Mentally Ill Persons Persons with psychiatric illnesses or diseases, particularly psychotic and severe mood disorders. Mental Patients,Mentally Ill,Ill, Mentally,Mentally Ill Person,Person, Mentally Ill,Persons, Mentally Ill

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