Transparency, Privacy and Equality: A Human Rights Analysis of the Open Justice Principle in Australian Mental Health Legislation

This research analysed Australia's statutory recognition of the common law principle of open justice at mental health civil commitment review hearings and whether its operation complies with the current United Nations human rights framework. This thesis argues that Australia's statutory approaches are inconsistent and that accordingly, each Australian state and territory should implement a supported decision-making framework to enable mental health involuntary patients, should they wish, to make autonomous decisions to waive rights to privacy and confidentiality, and to open a review hearing either in part, or in full. In addition, reviewing tribunals are obliged to publish reasons statements according to a test of 'significance'