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9 Legal Service Bull. 268 (1984)
Benevolence, Expediency or Opportunity for Change

handle is hein.journals/alterlj9 and id is 282 raw text is: MENTAL HEALTH LAW avoid the conclusion that tile regulatory and enforcement provisions of the new credit laws will have little effect. It cannot be assumed that in hard economic times the political will is likely to be stronger, and resources more readily available, to tackle exploitation in the credit area. In writing of Canadian jurisdictions, Belobaba concludes his study of consumer protection laws by observing 'We enact sweeping legislation seemingly oblivious to the fact that it is largely unprincipled, uninforned and will prove in actual fact to be generally irrelevant'. 27 Australia's major consumer protection agencies, those in Victoria and NSW, have both recently been re-organised following major management and strategy reviews. If tile agencies emerge with renewed vigor and sense of purpose, the community hopefully will respond by critically analysing the effect of their activities. An active debate may then begin to address the fundamental issue: what really is the role of consumer protection? Will effective consumer affairs agencies aid 'the further centralisation of the state, opening the consumer to the state's increased and comprehensive intervention in social relations of all kind', as Boehringer puts it in his work on the corporate state (8 LSB 120 and 245). Alternatively, will it, as Wheelwright hopes, lead to the conclusion that the Australian corporate state should be democratised by encouraging . . . other organisations such as consumer . . . movements to become part of it' (quoted at 8 LSB 122). REFERENCES 1. For details of the range and content of the legislation see Goldring, J., and Maher, L., Consumer Protection Law in Australia, Butterworths, Sydney, 1983. 2. Final Report of the Committee on Consumer Protection, IIMSO July, 1962 (Molony report). 3. NSW Ilansard, 3 May 1984. 4. ibid., 17 July 1890. 5. Victoria liansard, 11 November 1984. 6. NSW ilansard, 30 September 1965. 7. ibid. 8. Edelman, M., Politics as Syvmbolic Action, Markhem, Chicago, 1971, p. 80. 9. Molony report, para. 528, and NSW llansard, 15 August, 1967. 10. NSW llansard, 15 August 1967. 11. l)empsey, R., 'The 1968 NSW Election' unpublished honours thesis, University of Sydney, p. 76. 12. NSW Ilansard, 5 March 1969. 13. Speech by G. Paciullo, Minister for Consumer Affairs to Australian Association of National Advertisers, 23 May 1984. 14. Annual Report 1982-83, Victorian Director of Consumer Affairs, Melbourne, 1984, p. 7. 15. NSW Ilansard, 28 February 1978. 16. Ross, S., The l'olitics of Law Reform, Penguin, Ringwood, Victoria, 1982, Ch. 8. 17. Ann'ual Report of Commissioner for Consumer Affairs 1982-83, p. 46. 18. ltelobaba, I'.., Consumner lroduct Il'arranty Reftrm: Regulation in Search of Rationality, Report for l)epartnient of Consumer and Corporate Affairs, Ottawa, Canada, 1983, Vol. 2, p. 100. 19. Report on Law Relating to Consuner Credit and Aloney- lending, Law School, University of Adelaide, Govt Printer, Adelaide, 1969, p. 70. 20. Albon, R., and Lindsay, G., (eds) OccupationalRegulation amid the Public Interest, Centre for Independent Studies, Sydney, 1984. 21. See Annual Reports of NSW l)epartment of Consumer Affairs 1978-79, p. 64, 1979-80 pp. 61-2, 1981-82 p. 39 and 1982-83 pp. 45-6. The latter two reports noted the suppliers of vehicles to these unlicensed dealers were in fact licensed dealers which suggests the enforcement action should be taken against the 'suipliers' not the 'pushers'. 22. Review of NSW Government Administration, Directions for Change, Interim Report, NSW Govt Printer, 1977, paras 19.8-19.10. 23. iraithwaite, J., Vale, S, and Fisse, !B., The Role of l'rosecut. ion in Consumer Protection, AFCO, 1984, p. 86. 24. Belobaba, op. cit., Vol. 2. p. 106. 25. Neilsen, W.A.W., 'Administrative Remedies: The Canadian i.xperience with Assurances of Voluntary Compliance in Provincial Trade Practices Legislation' (1981) 19 Osgood ilall Law J. 154 at 188. 26. Braithwaite, J., Corporate Crime in the Pharmaceutical Industry, Routledge & Kegan Paul, Melbourne, 1984, p. 315. 27. Belobaba, op.cit., Vol. 2, p. 149. Mental health law in NSW Benevolence, expediency or opportunity for change? Shane Rendalls, Allen Owen & Steve Bottomley 'The aim of the legislation is not to save any costs . . . but to welcome in a whole new era for the mentally ill. It is a very important social reform . .. The authors of this article have had a long-standing interest in the mental health field, including involvement in providing mental health services in the community, advocacy under the 1958 Mental Health Act and lobbying for reform of this legislation. Following the progress of the Mental Health Act 1983 through the NSW Parliament, we have also been involved in the formation of a steering committee to lobby for an independent mental health advocacy service. This article seeks to provide a perspective on law reform in mental health legislation and discusses policy arising out of our involve- ment in this process - as a result it presents 'a view from within'. Tihe introduction of new mental health legislation in NSW has been the product of over a decade of formal review. Significant features of this review have included the findings of in inquiry into psychosurgery and a pilot Legal Service Bulletin