LLAW3240 Disability, Mental Health and the Law

2017

4.5

1 x 2-hour lecture weekly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 18 units of second year LLAW topics
3 LLAW2221 - The Constitution and the Australian People [Indigenous / Social Justice I]
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

LLAW3070 has been successfully completed

This topic is designed to encourage participants to develop a critical appreciation of the law's understanding of disability, and the role of law in the lives of people with disabilities, including mental disability. It takes a broad contextual approach, drawing on a wide range of resources including international law materials, Federal, State, and Territory statutes and decisions and sources from the fields of policy and practice as well as the lived experience of people with disabilities. It explores issues of current and increasing social importance such as legal aspects of deinstitutionalisation; the role of law in combating discrimination; the evolving jurisprudence concerning competence and capacity and the limits of autonomy and responsibility. Assessment in the topic is significantly shaped by participants themselves and provides an opportunity to develop independent research skills while exploring issues in which they have a personal interest.

This topic aims to

• facilitate students' understanding of the diversity of theoretical discourse and definitions of 'disability'
• encourage students' awareness of the lived experience of people with disabilities
• develop in students a critical appreciation of the capacity of Australian law to address power imbalances and injustice experienced by people with disabilities in contemporary Australian society
• help students to identify and discuss legal issues arising from current policy settings that shape legal and service responses to disability, including those relating to: de-institutionalisation; ageing at home and informal /family carers
• explore with students the meaning and impact of '(in)competence' and '(in)capacity' as demonstrated in Australian torts, contract, succession and criminal law
• outline and assess the theory, policy and practice of guardianship in South Australia
• provide opportunities for students to develop their skills and confidence in independently designing, managing and completing research assessments based on law and non-law resources

Students who successfully complete this topic will be able to:

• outline the theoretical discourses relating to the construction of 'disability' and critically discuss definitions of 'disability' and the attribution of 'disabled' status
• appreciate the impact 'disabled' status may have on the lived experience of people with disabilities
• critique the achievement of Australian law in addressing power imbalances and injustice experienced by people with disabilities in contemporary Australian society
• identify and assess legal issues arising from current policy settings that shape legal and service responses to disability, including those relating to: de-institutionalisation; ageing at home and informal /family carers
• critically analyse the interpretation and consequences of '(in)competence' and '(in)capacity' as demonstrated in Australian tort, contract, succession and criminal law
• explain the theory, policy and practice of guardianship in South Australia
• independently design, manage and complete research assessments based on law and non-law resources