Bernadette McSherry
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Australian legal academic
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Bernadette McSherrylaw Degrees
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Bernadette McSherry's Degrees
- PhD Law University of Melbourne
Why Is Bernadette McSherry Influential?
(Suggest an Edit or Addition)According to Wikipedia, Bernadette McSherry is a lawyer, writer and Emeritus Professor at the University of Melbourne. She is a Fellow of the Academy of Social Sciences in Australia, Fellow of the Australian Academy of Law and a Commissioner with the Victorian Law Reform Commission.
Bernadette McSherry's Published Works
Published Works
- The United Nations Convention on the rights of persons with disabilities. (2008) (552)
- Getting away with murder? Dissociative states and criminal responsibility. (1998) (106)
- Preventing and reducing ‘coercion’ in mental health services: an international scoping review of English‐language studies (2020) (74)
- Consumers and Carer perspectives on poor practice and the use of seclusion and restraint in mental health settings: results from Australian focus groups (2016) (68)
- Regulating deviance : the redirection of criminalisation and the futures of criminal law (2009) (64)
- Attitudes towards seclusion and restraint in mental health settings: findings from a large, community-based survey of consumers, carers and mental health professionals (2016) (58)
- Mental Health Laws: Where to from Here? (2014) (50)
- Journal of Law and Medicine (1999) (49)
- Legal capacity under the Convention on the Rights of Persons with Disabilities. (2012) (47)
- Dangerous People: Policy, Prediction, and Practice (2011) (45)
- Human Rights and Unfitness to Plead: The Demands of the Convention on the Rights of Persons with Disabilities (2017) (41)
- Managing Fear: The Law and Ethics of Preventive Detention and Risk Assessment (2013) (40)
- Terrorism Offences in the 'Criminal Code': Broadening the Boundaries of Australian Criminal Laws (2004) (38)
- Posthumous reproduction. (2005) (37)
- Sex Offenders and Preventive Detention: Politics, Policy and Practice (2010) (36)
- Principles of Criminal Law (2005) (34)
- Diversion down under - Programs for offenders with mental illnesses in Australia. (2010) (33)
- Supported decision-making from the perspectives of mental health service users, family members supporting them and mental health practitioners (2018) (33)
- Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights (2008) (31)
- Australian and Canadian Mental Health Acts Compared (2010) (30)
- Erratum to: Consumers and their supporters’ perspectives on poor practice and the use of seclusion and restraint in mental health settings: results from Australian focus groups (2016) (29)
- Unfitness to Stand Trial and the Indefinite Detention of Persons with Cognitive Disabilities in Australia: Human Rights Challenges and Proposals for Change (2017) (29)
- Risk assessment by mental health professionals and the prevention of future violent behaviour (2004) (29)
- Rethinking rights-based mental health laws. (2010) (27)
- The concept of capacity in Australian mental health law reform: Going in the wrong direction? (2015) (27)
- Public health and human rights. (2008) (25)
- Consumers' and their supporters' perspectives on barriers and strategies to reducing seclusion and restraint in mental health settings. (2016) (24)
- Protecting the Integrity of the Person: Developing Limitations on Involuntary Treatment (2008) (22)
- Criminal responsibility, "fleeting" states of mental impairment, and the power of self-control. (2004) (20)
- Voluntariness, intention, and the defence of mental disorder: toward a rational approach. (2003) (19)
- International Trends in Mental Health Laws: Introduction (2008) (17)
- Australian Criminal Laws: Critical Perspectives (2004) (16)
- Preventive detention for 'dangerous' offenders in Australia : a critical analysis and proposals for policy development : report to the Criminology Research Council (2006) (16)
- Indefinite and preventive detention legislation: from caution to an open door (2005) (16)
- Decision-Making, Legal Capacity and Neuroscience: Implications for Mental Health Laws (2015) (15)
- Sex, Drugs and Evil Souls: The Growing Reliance on Preventive Detention Regimes (2009) (15)
- The Preventive Detention of Sex Offenders: Law and Practice (2015) (14)
- Regulating seclusion and restraint in health care settings: The promise of the Convention on the Rights of Persons with Disabilities. (2017) (14)
- Drug-associated psychoses and criminal responsibility. (2008) (14)
- Mental Impairment and Criminal Responsibility: Recent Australian Legislative Reforms (1999) (13)
- The reformulated defence of insanity in the Australian Criminal Code Act 1995 (Cth). (1997) (13)
- Constructing Lack of Consent (1998) (13)
- Regulating Mental Healthcare Practitioners: Towards a Standardised and Workable Framework (2007) (13)
- Detention and treatment down under: human rights and mental health laws in Australia and New Zealand. (2011) (13)
- Without Sex (2009) (12)
- Regulating restraint use in mental health and aged care settings: Lessons from the Oakden scandal (2019) (12)
- The use and abuse of counseling records in sexual assault trials: Reconstructing the “rape shield”? (1997) (12)
- Community Treatment Orders and Supported Decision-Making (2019) (11)
- Sexual Activity Among Institutionalized Persons in Need of Special Care (1998) (11)
- The preventive detention of 'dangerous' sex offenders in Australia: Perspectives at the coalface (2013) (11)
- The legal regulation of seclusion and restraint in mental health facilities. (2013) (11)
- Throwing Away the Key: The Ethics of Risk Assessment for Preventive Detention Schemes (2014) (10)
- Mental Health and Human Rights: The Role of the Law in Developing a Right to Enjoy the Highest Attainable Standard of Mental Health in Australia (2008) (10)
- Trafficking in Persons: A Critical Analysis of the New Criminal Code Offences (2007) (10)
- It's a man's world: claims of provocation and automatism in 'intimate' homicides (2005) (10)
- Seclusion and Restraint: Rethinking Regulation from a Human Rights Perspective (2010) (10)
- Research involving interviews with individuals who have experienced traumatic events: Some guidelines (1995) (9)
- Confidentiality in Therapeutic Relationships: The Need to Develop Comprehensive Guidelines for Mental Health Professionals (2006) (9)
- Preventive justice, risk of harm and mental health laws (2017) (9)
- Ethical issues in HealthConnect's shared electronic health record system. (2004) (8)
- The doctrine of necessity and medical treatment. (2002) (8)
- Men Behaving Badly: Current Issues in Provocation, Automatism, Mental Impairment and Criminal Responsibility (2005) (7)
- SUPPORT FOR THE EXERCISE OF LEGAL CAPACITY: THE ROLE OF THE LAW. (2015) (7)
- Making defensible decisions in the era of recovery and rights (2018) (7)
- High-risk offenders: continued detention and supervision options (2006) (7)
- The Criminal Justice Response to Trafficking in Persons: Practical Problems with Enforcement in the Asia-Pacific Region (2007) (7)
- Community treatment orders: towards a new research agenda (2018) (7)
- New Zealand's Mental Health Act in Practice (2015) (7)
- Health Professional-Patient Confidentiality: Does the Law Really Matter? (2008) (7)
- Treat with care: the right to informed consent for medical treatment of persons with mental impairments in Australia (2017) (7)
- Psychologists' perceptions of legal and ethical requirements for breaching confidentiality (2008) (7)
- Expert testimony and the effects of mental impairment. Reviving the ultimate issue rule. (2001) (6)
- Third Party Access to Shared Electronic Mental Health Records: Ethical Issues (2004) (6)
- Locked mental health wards: the answer to absconding? (2014) (6)
- Afterword: Options for the Reform of Provocation, Automatism and Mental Impairment (2005) (6)
- Providing Mental Health Services and Psychiatric Care to Immigration Detainees: What Tort Law Requires (2007) (5)
- Sexual assault against individuals with mental impairment: Are criminal laws adequate? (1998) (5)
- Expanding the boundaries of inchoate crimes: the growing reliance on preparatory offences (2009) (5)
- Mental health, mental capacity, ethics, and the law in the context of COVID-19 (coronavirus) (2020) (5)
- Confidentiality for Mental Health Professionals: A Guide to Ethical and Legal Principles (2009) (5)
- Defences to homicide: issues paper (2002) (5)
- Breaching confidentiality in the public interest: Guidance from Canada? (2000) (5)
- Alternatives to Compulsory Detention and Treatment and Coercive Practices in Mental Health Settings. (2018) (5)
- Risk Assessment, Predictive Algorithms and Preventive Justice (2020) (5)
- The Introduction of Terrorism-Related Offences in Australia: Comfort or Concern? (2005) (5)
- Confidentiality of psychiatric and psychological communications: The public interest exception (2001) (5)
- The insanity defence and international human rights obligations (2001) (5)
- Mental health laws for those "compliant" with treatment. (2009) (4)
- Coercive care: rights, law and policy (2013) (4)
- Force-Feeding and Anorexia (1997) (4)
- To Detain or Not to Detain: A Question of Public Duty? (2009) (4)
- R v Stone [1999] 2 SCR 290 (2000) (4)
- Premenstrual syndrome and criminal responsibility (1994) (4)
- 'Dangerousness' and Public Health (1998) (4)
- Mental Impairment and Criminal Responsibility: Recent Legislation (1998) (4)
- Implementing a Participatory Human Rights-Based Research Methodology: The Unfitness to Plead Project (2019) (3)
- Electroconvulsive Therapy without Consent: The Influence of Human Rights Law. (2019) (3)
- Torture and Ill-Treatment in Health Care Settings: Lessons from the United Nations (2013) (3)
- Criminal Detention of Those with Mental Impairment (1999) (3)
- Pretrial and Civil Detention of “Dangerous” Individuals in Common Law Jurisdictions (2019) (3)
- DEFINING SECLUSION AND RESTRAINT: LEGAL AND POLICY DEFINITIONS VERSUS CONSUMER AND CARER PERSPECTIVES. (2015) (3)
- Laws to detain individuals with substance dependency: breaching human rights or restoring health? (2011) (3)
- Epilepsy and confidentiality: ethical considerations. (2004) (3)
- Supporting People with Decision-Making Impairments: Choice, Control and Consumer Transactions (2017) (2)
- A review of the New South Wales Reform Commission's report: People with an Intellectual Disability and the Criminal Justice System (1999) (2)
- Access to confidential medical records by courts and tribunals: the inapplicability of the doctrine of public interest immunity. (2007) (2)
- Epilepsy, automatism and culpable driving. (2002) (2)
- Incorporating carers' rights in mental health legislation. (2010) (2)
- The government's duty of care to provide adequate health care to immigration detainees. (2007) (2)
- Preventing Harm to Others as a Criterion for Compulsory Treatment: An Overview of Criticisms and Current Research. (2020) (2)
- Ensuring Equality for Persons with Cognitive Disabilities in Consumer Contracting: An International Human Rights Law Perspective (2018) (2)
- Hospital orders for offenders with mental illnesses: an appropriate diversionary option? (2009) (2)
- Getting Away with Murder? Dissociative States and Automatism (1997) (2)
- Current Challenges for the Regulation of Chemical Restraint in Health Care Settings. (2016) (2)
- Rethinking mental health laws (2010) (2)
- Confidential communications between clients and mental health care professionals: the public interest exception (2002) (2)
- Human rights and mental health: the gap between legislating and implementing human rights (2006) (1)
- PD v Harvey and Chen [2003] NSWSC 487. (2003) (1)
- Consumer Transactions: Equitable Support Models for Individuals with Decision-making Impairments: A Pilot Study (2017) (1)
- International Human Rights and Mental Health: Challenges For Law and Practice. (2018) (1)
- Who do I turn to? Resolving complaints by mental health consumers and carers. (2011) (1)
- R.G. Smith (ed), Health Care, Crime and Regulatory Control (1999) (1)
- From Safety Nets to Support Networks: Beyond ‘Vulnerability’ in Protection for Consumers with Cognitive Disabilities (2018) (1)
- Consenting to shared electronic health records: the proposed HealthConnect system. (2004) (1)
- The Convention on the Rights of Persons with Disabilities and the challenge to treatment without consent of individuals with psychosocial disabilities (2020) (1)
- 'Unfit' to Plead: A Kafkaesque conundrum (2018) (1)
- Computational Modelling, Social Media and Health-Related Datasets: Consent and Privacy Issues. (2018) (1)
- Psychiatry and Law: Clinical and Legal Issues (1997) (1)
- Regulating to Ensure Patient Safety in Hospitals: Towards a Comprehensive Framework (2006) (1)
- 'Unfit' to plead (2018) (1)
- Options for Supported Decision-Making to Enhance the Recovery of People Experiencing Severe Mental Health Problems (2017) (1)
- Amici curiae and the public interest in medical law cases. (2003) (1)
- Achieving the ‘Standard of Care’ while respecting recovery and rights (2018) (0)
- L. Skene, Law and Medical Practice: Rights, Duties, Claims and Defences; I. Kerridge, M. Lowe and J. McPhee, Ethics and Law for the Health Professions (1999) (0)
- Where to from here for coercive care (2013) (0)
- Legal issues in Canada. (2003) (0)
- Ethical decision-making in confidentiality dilemmas (2009) (0)
- Gerry Simpson (ed), War Crimes Law, Volumes I and II (Ashgate, 2004) (2005) (0)
- Risk management in the era of recovery and rights (2020) (0)
- Laws of Preventive Detention (2013) (0)
- Regulating restrictive practices (2020) (0)
- The concept of confidentiality (2009) (0)
- Table of statutes (2009) (0)
- Supported Decision-Making in Criminal Proceedings: A Sociolegal Empirical Study (2021) (0)
- From coercion to coordination? The role of the law in service provision for individuals with coexisting disorders (2013) (0)
- Seizures, Postictal States and Criminal Responsibility. (2022) (0)
- Human Rights Law and the Defence of Mental Impairment. (2022) (0)
- A Review of “New Zealand's Mental Health Act in Practice”, edited by John Dawson and Kris Gledhill (2015) (0)
- HUMAN RIGHTS AND MENTAL HEALTH LAW (2018) (0)
- Access to Medical Records: What Legislation Must Take Into Account (1997) (0)
- Abortion and the criminal law. (2004) (0)
- What Making a Murderer tells us about disability and disadvantage in criminal law (2016) (0)
- An analysis of arguments for the retention of the defence of mental impairment (2023) (0)
- The pharmaceutical industry and ethical conduct (2000) (0)
- The intractable use of restraint, organisational culture and 'othering' (2020) (0)
- Chinese Whispers: Judicial Narratives and the Regulation of Clinical Medicine (1997) (0)
- Practical application of a rights and recovery approach (2018) (0)
- The Defence of Provocation in Australia (2007) (0)
- Navigating risk management, recovery and human rights in clinical practice (2018) (0)
- Psychological and Psychiatric Testimony and the Ultimate Issue Rule (1999) (0)
- Reducing Seclusion and Restraint: Hearing from Consumers and their Supporters (2017) (0)
- Sex Offenders and Preventive Detention, by Bernadette McSherry and Patrick Keyzer (2011) (0)
- Consent to Medical Treatment in Theory and Practice (1999) (0)
- Psychiatry and the Law (2008) (0)
- Human cloning offences: the gene Technology Act 2000 (Cth). (2001) (0)
- Confidentiality and the duty to warn (2000) (0)
- International and transnational crimes (2005) (0)
- Indicators of risk-adjusted clinical performance (2001) (0)
- Journal of Law and Medicine: Public Health and Human Rights (2008) (0)
- Restorative Justice on Trial (1994) (0)
- The Ethics of Forensic Risk Assessment (2013) (0)
- R.F. Schopp, Justification Defenses and Just Convictions; A. Duff (ed) Philosophy and the Criminal Law: Principle and Critique (1999) (0)
- Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review (2023) (0)
- Justice for Individuals with Mental Illnesses (2008) (0)
- Book Review of Neurodisability and the Criminal Justice System: Comparative and Therapeutic Responses, (2022) (0)
- The ethical framework for confidentiality (2009) (0)
- Rethinking Mental Health Laws: Developing Model Frameworks (2008) (0)
- Euthanasia and Knowledge of Wrongfulness (1998) (0)
- ‘WE ALL NEED SOMEBODY TO LEAN ON’: SUPPORTED DECISION-MAKING, LAW REFORM AND MENTAL HEALTH CARE (2013) (0)
- Consumer Complaints and Competition in Health Services (1999) (0)
- Restrictive practices (2020) (0)
- Containment versus rehabilitation : Managing high-risk offenders with complex needs (2018) (0)
- Editorial - The Costs of Health (1999) (0)
- Common law exceptions and limitations to maintaining confidentiality (2009) (0)
- "Dangerous" people: an overview (2011) (0)
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