Responsiveness+to+Disabilities+of+the+Australian+Legal+System

=__Prejudice and discrimination: legislative sanctions against discriminatory behavior__=

Discrimination can be defined as the unfair treatment of a person or group of people on the basis of prejudice. According to this definition, a person discriminates against another when they practice prejudice (discriminative) behavior. If this behavior is practiced based on the fact that the person has a disability, it is referred to as disability discrimination. Disability Discrimination is illegal, and there are many legal bodies in Australia which act to prevent this form of discrimination from occurring. The following are examples of how the State attempts to avoid any disability discrimination from occurring.

The Disbaility Standards for Education 2005 The Anti-Discrimination Board (NSW) //The Disability Discrimination Act 1992 (Cth)// //Ombudsman Act 1974 (NSW)// //Anti-Discrimination Act 1977 (NSW) Human Rights and Equal Opportunity Commission Act 1986 Mental Health Act 1990 (NSW) Social Security Act 1991 (Cth)//

=__Guardianship and Mental Health Legislation__=

The following are some of the Australian Government's mental health and also guardianship (regarding to mentally ill people) legislation examples.

//Mental Health Act 1993 (NSW)// //Guardianship Act 1987 (NSW)// Office of the Protective Commissioner = =

=__**Institutionalisation**__=

The basis of the treatment and care received by those deemed to be legally mentally ill, and therefore in need of care and support, is set out in the //Mental Health Act 1990 (NSW).// According to this Act, there are three categories which covers all mentally ill people within institutions. These are:
 * Voluntary Patients
 * Involuntary Patients
 * Forensic Patients

Since the 1980's, the number of institutions in Australia which cater to the disabled has been in decline. To counter this there has been a big shift towards community and family-based carers for the disabled. A report published in October 2005, the "//Not for Service: Experiences of Injustice and Despair in Mental Health Care in Australia"// outlined that Australia had been negligent in its treatment of the mentally ill/disabled. It stated that there were an insufficient number of mental institutions, and there were not enough community services to make up for this shortfall.

=**__Non Government Organisations and Charities__**=

There are numerous charities and non-government organisations in Australia which cater to the disabled, one of which is the Good Samaritan Industries, which provides support and employment for those who are disabled. Another charity is the United Church of Australia, which helps to rehabilitate those who have suffered from a mental illness. Below is a video of The United Church of Australia talking about mental illness. media type="youtube" key="vEY8949rG84" width="425" height="350" "A new women's mental health centre is setting the national treatment agenda for issues from cancer support to post-natal depression, writes Sonia Harford." Source: http://bulletin.ninemsn.com.au/article.aspx?id=288006

"A pointless death on a Sydney street last week further underlines the crisis in our mental health system, as Hall Greenland reports." Source: http://bulletin.ninemsn.com.au/article.aspx?id=135704

=__Rights affected by mental illness, or intellectual/physical disabilities__=

The disabled might have some rights infringed in the attempt to prevent them from causing harm to others and themselves. The //Mental Health Act 1990 (NSW),// sets out the rights of people who are detained in psychiatric hospitals or psychiatric wards of public hospitals.

Self-determination is the right to make decisions about one’s life, such as what to do and who to do it with, where to go. People with mental illness can legally be denied this right by involuntary institutionalisation, by having a guardian appointed, or as a consequence of their illness and treatment. The mentally ill and intellectually disable people also face significant social stigma, which further erodes their ability to exercise and protect their right to self-determination in familial relationships and in the broader community.

The mentally ill, as with all other citizens of a country, have a right to a fair hearing. The mentally ill also have a right not to be prejudged
 * Rights of the mentally ill regarding court hearings.**

=**__Case Studies__**=

1. Haar v Maldon Nominees [2000] FMCA 5 (23 October 2000)]] "Ms Haar was told by her local MacDonald's that she could not have her guide dog inside the premises, near the party area. It was established that Ms Haar and her dog had attended that Mac Donald's at least twenty times prior to the incident without being asked to move outside.

The Federal Magistrate Court held that McDonald's had unlawfully discriminated against Ms Haar and had to pay $3000 in damages for the injury of her feelings and the embarrassment which she suffered because of them.

Source: [|http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FMCA/2000/5.html?query=^haar%20vs%20maldon]