Order Description

 

 

Discuss a recent VCAT decision (WCH v Mental Health Tribunal (Human Rights) (Amended) [2016] VCAT 199) using an ethical, rather than legal, framework.

WCH v Mental Health Tribunal is a review of a community-based treatment order made under the Mental Health Act 2014 (Vic); the decision follows the same process as that used in the MH26 involuntary treatment order case discussed in Tutorial 1. As with MH26, VCAT applies the criteria for treatment from the relevant legislation, in this case section 5 of the Mental Health Act 2014 (Vic) to the facts in the case, and then decides if the criteria apply. In this case, VCAT also considers the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter) in its decision.

 

look at the facts, issues and arguments presented in WCH v Mental Health Tribunal and then analyse them in ethical terms according to the “Four Principles” approach to health care ethics. Readings will be supplied to give you an understanding of the Four Principles approach. As you will see, respect for autonomy is automatically an issue in these cases; however, the other principles can also feature prominently.

 

Discuss the following:

To what extent does respect for autonomy feature? What elements of this case relate to autonomy and why?
What arguments were made (or facts given) for/against the community treatment order in terms of the principle of beneficence and non-maleficence?
What, if any, issues are there in relation to the principle of justice?