The Statutory Definition of a Mentally ILL Person in N.S.W. 1958–1983

Abstract

For 11 years the N.S.W. mental health legislation was under review. The new legislation was finally enacted in 1983. Several different committees worked on the development of the legislation over the 11-year period. Two government departments, the Department of Health and the Attorney-General's Department, were involved in the preparation of the legislation. As a result, many parts of the Act represent an uneasy compromise between the medical-humanitarian and legal points of view. The process of development of the definition of a mentally ill person, which is traced in this article, exemplifies this. Features of the new definition are critically reviewed and potential problems discussed.