Restrictive Practices in Health Care and Disability Settings

Bernadette McSherry is the foundation director of the Melbourne Social Equity Institute and an adjunct professor of law at the University of Melbourne. She has degrees in law, arts and psychology, with a PhD from York University, Canada. She is the Immediate past president of the Australian and New Zealand Association of Psychiatry, Psychology and Law and was a legal member of the Mental Health Tribunal of Victoria from 2001 to 2018. She has written widely in the fields of mental health law and criminal law and is currently a commissioner of the Royal Commission into Victorias Mental Health System and a commissioner with the Victorian Law Reform Commission. Yvette Maker is a senior research associate in the Melbourne Social Equity Institute at the University of Melbourne. Her work focuses on the disability- and gender-related dimensions of law, policy and practice. She has a special interest in disability human rights law, social security law and policy, and the design and regulation of social care and support systems. She holds bachelor of arts and bachelor of laws (hons) degrees from Murdoch University, and a PhD from the University of Melbourne. Yvettes sole-authored book, Care and Support Rights After Neoliberalism: Balancing Competing Claims Through Law and Policy, is forthcoming.

Part I: Background: Rationales and options for reform 1. Restrictive practices: options and opportunities Bernadette McSherry and Yvette Maker 2. Ending restraint: an insider view Cath Roper, Mary OHagan, Hamilton Kennedy and Helena Roennfeldt Part II: Designing legislation and policy to support change Introduction to Part II 3. Human rights and rapid tranquillisation Peter Bartlett and Stephanie Sampson 4. The regulation of restrictive practices on people with intellectual impairment: the challenges and opportunities posed by a rights-based approach Kim Chandler 5. Beyond restraint: gender-sensitive regulation of the control of womens behaviour in Australian mental health and disability services Yvette Maker 6. Attempts to reduce the use of restrictive interventions in England between 2014 and 2019 Guy Cross Part III: Implementing and monitoring reform Introduction to Part III 7. Legal regulation and policy on the use of restraint and coercive measures in health care institutions in the Netherlands Lisa Waddington 8. Queenslands new physical restraint framework: implementation and lessons since the commencement of the Mental Health Act 2016 John Allan and Amber Manwaring 9. Showing restraint: the uses and limitations of data in supporting restraint reduction Grant Sara 10. The Court, the law and German psychiatrys slow progress towards human rights Margret Osterfeld and Martin Zinkler Part IV: Changing culture and practice Introduction to Part IV 11. The intractable use of restraint, organisational culture and othering: lessons from the Oakden scandal Bernadette McSherry 12. Being recovery-oriented and reducing the use of restrictive interventions in mental health care: the challenges in achieving transformation Lisa Brophy, Justine Fletcher and Bridget Hamilton 13. Psychotropic use in Australian aged care homes: what can be done to ensure appropriate use? Juanita Breen (previously Westbury) 14. Engaging doctors to reduce restraint: practice and pragmatics around restraint in clinical care Nathan Gibson Part V: Conclusions 15. Regulating restrictive practices: challenges and possibilities Bernadette McSherry and Yvette Maker