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FirstPoint update: Health Law incorporating Mental Health new classification scheme

Content updates

Our goal in FirstPoint on Westlaw AU is to provide current, relevant and accurate coverage of Australian case law. A major feature of this is an up to date classification scheme for each area of law to enable quick access to appropriately grouped cases.

We constantly review our products, and as part of this, we welcome and consider suggestions for improving our subscribers' experience. A recent review looked at the areas of mental health and health law, and has resulted in a new classification scheme for the Health Law title, which now incorporates the former Mental Health title.

Cases in the new Health Law title cover:

  • public health system administration
  • mental health generally
  • treatment and care of mentally ill persons
  • treatment and care of persons with impaired capacity
  • guardianship, management and administration of property of persons with impaired capacity
  • hospitals
  • ambulance services 
  • health regulation relating to buildings and housing
  • infectious diseases
  • quarantine and biosecurity
  • burial and cremation
  • food 
  • drugs, poisons and therapeutic goods
  • tobacco regulation
  • assisted reproduction legislation

The new Health Law scheme takes account of legislative changes in health law and mental health, updates terminology and provides subscribers with an expanded and re-designed classification scheme catering for and covering the current state of the law in this area. An additional 30 headings have been created.

Areas of expansion include:

  • mental health generally, covering definitions, declaration of finding of mental illness or impaired capacity, and the law generally as it affects persons with mental illness or impaired capacity, for example, conducting legal proceedings or consenting to medical treatment: an additional 6 headings have been created
  • treatment and care of mentally ill persons, including extent and exercise of tribunal powers, detention, involuntary treatment, community treatment orders, discharge and release, and actions for false imprisonment, trespass, negligence or ill-treatment: 7 additional headings
  • guardianship, management and administration of property of persons with impaired capacity, including appointment, extent of powers, guardianship boards and tribunals, review, revocation, jurisdiction, procedure and evidence: 11 additional headings
  • tobacco regulation
  • assisted reproduction regulation

Other changes include:

  • mental health facilities now incorporated in the hospitals section, as a separate heading
  • quarantine heading now changed to quarantine and biosecurity to reflect recent legislative changes

Related FirstPoint titles include:

  • Criminal Law for case notes dealing with criminal liability and sentencing of mentally ill persons 
  • Social Welfare for case notes dealing with aged care, nursing homes, health benefit organisations (including private health insurers), pharmaceutical benefits, disability support pensions and the national disability insurance scheme 
  • Professions and Trades for health care professionals generally, including medical practitioners and relationships with patients such as consent or refusal of medical treatment where mental illness or impaired capacity is not an issue; Advance Care Directives; palliative care; necessaries of life

Researchers now have access to a more detailed classification scheme for Health Law incorporating Mental Health, providing identification of relevant judgments and groups of cases more quickly.

Other titles to consider in FirstPoint and Australian Digest when searching for case law on matters related to Health Law include:

  •   Criminal Law
  •   Environment and Planning
  •   Family Law and Child Welfare
  •   Local Government
  •   Professions and Trades
  •   Social Welfare

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