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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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