A Compulsory Means to a Therapeutic End: Analysis of the Role of Duly Authorised Officer Using Principles of Therapeutic Jurisprudence 3 International Journal of Therapeutic Jurisprudence 2018

3 Int'l J. Therapeutic Juris. 147 (2018)
A Compulsory Means to a Therapeutic End: Analysis of the Role of Duly Authorised Officer Using Principles of Therapeutic Jurisprudence

handle is hein.journals/ijtherju3 and id is 165 raw text is:

A COMPULSORY MEANS TO A THERAPEUTIC END?
ANALYSIS OF THE ROLE OF DULY A UTHORISED OFFICER
USING PRINCIPLES OF THERAPEUTIC JURISPRUDENCE.

Anthony O'Brien*

Abstract

Therapeutic jurisprudence is a concept developed to
articulate how the law can be applied in ways that have a
positive, rather than negative, impact on the health of the
individual. Originating within the field of mental health law,
therapeutic jurisprudence has expanded into a wide range of
legal contexts in an attempt to infuse legal practice with
insights from psychological and social sciences. Literature on
therapeutic jurisprudence has been developing over the past
three decades, but so far the concept has not received attention
in mental health nursing literature. This paper uses principles
of therapeutic jurisprudence to discuss mental health nursing
practice in the role of duly authorised officer (DAO) under
New Zealand's Mental Health (Compulsory Assessment and
Treatment) Act (1992) (the MHA). The principles
considered are balancing benefits and adverse effects, and
maximising autonomy in the context of civil commitment. In
the DAO role nurses are required to facilitate the operation of
the MHA. In practice, this involves a number of tasks,

* Anthony O'Brien RN, PhD is a registered nurse New Zealand, who has
published extensively on legal issues in mental health nursing. Anthony is
currently employed as a senior lecturer in mental health nursing at the
University of Auckland, and as a Nurse Specialist at the Auckland District
Health Board. In the latter role Anthony is a duly authorised officer, a role
that involves engagement in issues related to use of compulsory powers and
their impacts on consumers.

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