Visiting Research Professor Terry Carney AO is an Emeritus Professor at the University of Sydney, where he was a long-serving Director of Research and past Head of Department, and recipient of the University of Sydney Vice Chancellor’s Award for Excellence in Higher Degree Supervision.
A Fellow of the Australian Academy of Law, he is a past President (2005-2007) of the International Academy of Law and Mental Health, and chaired Commonwealth bodies such as the National Advisory Council on Social Welfare and of the Board of the Institute of Family Studies, along with various State enquiries on child welfare, adult guardianship and health law.
His current research interests cover health law, mental health and disability law, adult guardianship and supported decisionmaking, social security law, and interdisciplinary and socio-legal fieldwork studies. He has led or been a chief investigator on several Australian Research Council funded major projects, including current projects on ‘National registration of health practitioners: a comparative study of the complaints and notification system under the national system and in NSW,’ and ‘Effective Decision Making Support for People with Cognitive Disability’. The author of nearly a dozen books/monographs and over 200 academic papers, his recent books include: Carney, T., D. Tait, J. Perry, A. Vernon and F. Beaupert, Australian Mental Health Tribunals: Space for fairness, freedom, protection & treatment? (Sydney: Themis, 2011); Managing Anorexia Nervosa: Clinical, Legal & Social Perspectives on Involuntary Treatment (New York: Nova Science, 2006); Social Security Law and Policy (Sydney: Federation press, 2006) and Bennett, B., Carney, T., & Karpin, I. (eds), The Brave New World of Health (Sydney: Federation Press, 2008).
Recent articles and chapters include:
2015: (i) Carney, T. ‘Supported Decision-making for People with Cognitive Impairments: An Australian perspective? (2015) 4, i, Laws 37-59; (ii) Carney, T. ‘Supporting People with Cognitive Disability with Decision-making: Any Australian law reform contributions?’ (2015) 2, i, Research and Practice in Intellectual and Developmental Disabilities 6-16; (iii) Carney, T. ‘Searching for Workable Alternatives to Guardianship for Vulnerable Populations? (2015) 1, i, Ethics, Medicine and Public Health 113-119; (iv) Light, E., Robertson, M., Boyce, P., Carney, T., Rosen, A., Cleary, M., Hunt, G., O’Connor, N., Ryan, C., Kerridge, I., ‘The Many Faces of Risk: A qualitative study of risk in out-patient involuntary treatment’ (2015) Psychiatric Services pre-print; (v) Light, E., Robertson, M., Boyce, P., Carney, T., Rosen, A., Cleary, M., Hunt, G., O’Connor, N., Ryan, C., Kerridge, I. ‘Involuntary Psychiatric Treatment in the Community: General practitioners and the implementation of CTOs’ (2015) 44(7) Australian Family Physician 485-489; (vi) Light, E., Robertson, M., Kerridge, I., Boyce, P., Carney, T., Rosen, A., Cleary, M., Hunt, G., O’Connor, N. ‘Re-conceptualising involuntary outpatient psychiatric treatment: From “capacity” to “capability” Philosophy, Psychiatry and Psychology forthcoming; (vii) Bennett, B., Carney, T. ‘Planning for Pandemics: Lessons from the past decade’ (2015) 12, iii, Journal of Bioethical Inquiry, 419-428; (vii) Satchell, C., Walton M., Kelly P., Chiarella, M., Pierce, S., Bennett, B., Carney, T. ‘Approaches to Management of Complaints about Health Practitioners in Australia’ Australian Health Review forthcoming; (viii) Carney, T., ‘Conditional Income Transfers and Choice in Social Services: Just more conditions and more markets?’ in Meagher, G., and Goodwin, S (eds) Sold Off: Markets, rights and power in Australian social policy (Sydney University Press, 2015) 341-365 March
2014: (i) Carney, T., ‘The Incredible Complexity of Being?: Degrees of influence, coercion and control of the ‘autonomy’ of severe and enduring anorexia nervosa patients’ (2014) 11, i, Journal of Bioethical Inquiry 41-42; (ii) Carney, T., ‘A Trifle Too Much Fiscal Rectitude in Australia? (2013) 27, ii, Zeitschrift fur austlandisches und internationales Arbeits- und Sozialrecht 196-207 [published 2014]; (iii) Carney, T., ‘Clarifying, Operationalising and Evaluating Supported Decision Making Models’ (2014) 1, i, Research and Practice in Intellectual and Developmental Disabilities, 46-50; (iv) Beaupert, F., Carney, T., Chiarella, M., Satchell, C., Walton, M., Bennett, B., Kelly, P., ‘Regulating Health Care Complaints—A literature review (2014) 27, vii, International Journal of Health Care Quality Assurance? 505-518; (v) Light, E., Robertson, M., Boyce, P., Carney, T., Rosen, A., Cleary, M., Hunt, G., O’Connor, N., Ryan, C., Kerridge, I., ‘The Lived Experience of Involuntary Community Treatment: A qualitative study of mental health consumers and carers’ (2014) 22, iv Australasian Psychiatry, 345-351; (vi) Carney, T., ‘Where Now Australia’s Welfare State’ (2013) iv Diritto Pubblico Comparato ed Europeo [Journal of Comparative and European Public Law], 1353-1370 [published 2014]; (vii) Carney, T., Bennett, B. ‘Framing Pandemic Management: New governance, science or culture? (2014) 23, ii, Health Sociology Review 136-147; (viii) Boucher, A., Carney, T., ‘Social Security for Migrant Workers and their Families in Australia’ in Blanpain, R., Olivier, M., Arellano Oritz, P., Vonk, G., (eds) Social Security and Migrant Workers: Selected Studies of Cross-border Social Security Mechanisms (Kluwer, 2014), 187-214; (ix) Carney, T., Bigby, C., ‘Social Security and Welfare Rights — What role for social work?’ in Rice, Simon, & Day, Andrew (eds) Social Work In the Shadow of the Law (4th ed; Federation Press, 2014), 343-368; (x) Bennett, B., Carney, T., ‘Vulnerability: An Issue for Law and Policy in Pandemic Planning?’ in Freeman, M., Hawkes, S., & Bennett, B (eds) Law and Global Health – Current Legal Issues Vol 16 (OUP, 2014), 121-132; (xi) Carney, T., ‘A Right to Health?’ in White, B., McDonald, F. & Willmott, W., Health Law in Australia (2nd ed; Thompson Reuters, 2014) 99-120.
Nagy, M, Chiarella, M, Bennett, B, Walton, M & Carney, T 2018, 'Health care complaint journeys for system comparison.', International Journal of Health Care Quality Assurance, vol. 31, no. 8, pp. 878-887.View/Download from: UTS OPUS or Publisher's site
PURPOSE:The "patient journey" technique is one that has been used by health care providers to investigate the strengths and weaknesses of their service delivery. The purpose of this paper is to discuss the experience of adapting this approach for use in an atypical context - the comparison of two systems for managing health care complaints and notifications. It highlights a number of relevant considerations and provides suggestions for similar studies. DESIGN/METHODOLOGY/APPROACH:The design and methods of the study are described, with commentary on the success of key aspects and challenges encountered. To enable comparison between the two systems, this study had a "paired" design, in which examples were selected from each system so that they matched on basic, prescribed, criteria. Data about each matter's journey were then collected from administrative records. FINDINGS:While, overall, the technique provided rich data on the processes of the systems under investigation, the type of data collected (related to administrative/communicative events) and the study's comparative purpose required consideration and management of a number of issues. These included the implications of using administrative records and the impact of differences between the systems on the paired design. ORIGINALITY/VALUE:This paper describes an attempt to apply the "journey" approach in a context that is uncommon in two ways: first, in its focus on regulatory processes (complaint/notification handling), rather than care provision to an individual patient; and second, in its objective of comparing two different systems. It is hoped this account will assist in further development of this technique.
Then, S-N, Carney, T, Bigby, C & Douglas, J 2018, 'Supporting decision-making of adults with cognitive disabilities: The role of Law Reform Agencies - Recommendations, rationales and influence.', International Journal of Law and Psychiatry, vol. 61, pp. 64-75.View/Download from: Publisher's site
Article 12 of the UNCRPD on equal recognition before the law, places an obligation on member states to 'provide access by persons with disabilities to the support they may require in exercising their legal capacity'. This has resulted in an increased focus on the concept and practice of supported decision-making, as opposed to substitute decision-making, for those with cognitive disabilities. To date, translation of this concept into law has been limited. However, Law Reform Agencies, tasked with reviewing legal decision-making schemes are increasingly recommending incorporation of legally recognised supported decision-making measures. This paper identifies the contribution of Law Reform Agencies' reports and recommendations to the evolving body of knowledge in relation to supported decision-making. In particular, it analyses the rationales for recommendations favouring the introduction of forms of legally recognised supported decision-making and the types of legal models of supported decision-making being recommended by Law Reform Agencies.
Chiarella, M, Satchell, CS, Nagy, M, Carney, T, Walton, M, Bennett, B & Kelly, PJ 2018, 'Survey of Quasi-Judicial Decision-Makers in NSW and The National Registration Scheme for Health Practitioners.', Journal of Law and Medicine, vol. 25, no. 2, pp. 357-379.View/Download from: UTS OPUS
This study is part of a larger, Australian Research Council-funded project studying comparative analyses of complaints and notification handling between the NSW system and National Registration and Accreditation Scheme (2010). This article explores the assessments and decisions made by Tribunal and other quasi-judicial decision-makers involved in the two schemes, including the key decision-management stages during a disciplinary process. Respondents recruited from both systems completed an online questionnaire comprising a series of closed and open-ended questions to case vignettes. While we found no significant difference between jurisdictions in relation to their decision-making processes in this case, the article provides insights into the rationales for their decisions and the outcomes or sanctions selected by decision-makers as being appropriate to the circumstances presented.
Chiarella, M, Nagy, M, Satchell, CS, Walton, M, Carney, T, Bennett, B, Pierce, SM & Kelly, PJ 2018, 'National Registration of Health Practitioners: A Comparative Study of the Complaints and Notification System Under the National System and in New South Wales – Decision Makers who Handle Complaints/Notifications About Regulated Health Practitioners in Australia', Australian Journal of Public Administration, vol. 77, no. 4, pp. 624-643.View/Download from: UTS OPUS or Publisher's site
© 2017 Institute of Public Administration Australia When the National Registration and Accreditation Scheme (NRAS) for health practitioners commenced in Australia in 2010, all jurisdictions joined the scheme for the registration and accreditation of health practitioners, but NSW retained its existing co-regulatory complaint-handling system. We sought to compare the new National notifications and the NSW complaints handling processes, as NSW has an independent investigative and prosecutory body to manage serious complaints. Decision makers from both the National and NSW schemes, who handled notifications/complaints at assessment, were invited to participate in a survey consisting of case studies. A qualitative thematic approach was used to determine and compare contributing factors to decision makers' priorities when assessing a notification/complaint for the National and NSW schemes. The 123 completed surveys comprised 50 NSW respondents and 73 National respondents from the other jurisdictions. No consistent differences in contributory factors when assessing a complaint/notification were observed between the two schemes. This evidence points towards national consistency in decisions about assessment of complaints and notifications in Australia.
Light, EM, Robertson, MD, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, GE, O'Connor, N, Ryan, CJ & Kerridge, IH 2017, 'How shortcomings in the mental health system affect the use of involuntary community treatment orders', AUSTRALIAN HEALTH REVIEW, vol. 41, no. 3, pp. 351-356.View/Download from: UTS OPUS or Publisher's site
Honouring the requirement of the Convention on the Rights of Persons with Disabilities
to introduce supported decision-making (SD) has largely been a case of much talk and little real
action. As a socio-economic right, actualising support is resource-intensive as well as being fairly
uncharted territory in terms of what works, to what degree and for how long benefits last. This paper,
drawing lightly on mainly Australian examples, considers unexplored (and sometimes unorthodox)
approaches such as the 'needs-based' principle for setting social welfare priorities as possible ways
of revitalising SD through progressive realisation, whether through civil society programs or under
the law. It argues that pure repeal of proxy decision-making on its own is not viable in realpolitik
terms so progressive realisation of 'repeal with adequate support' must instead be devised for SD
implementation to progress.
Bennett, B, McDonald, F, Beattie, E, Carney, T, Freckelton, I, White, B & Willmott, L 2017, 'Assistive technologies for people with dementia: ethical considerations', BULLETIN OF THE WORLD HEALTH ORGANIZATION, vol. 95, no. 11, pp. 749-755.View/Download from: UTS OPUS or Publisher's site
Bennett, B & Carney, T 2017, 'Public Health Emergencies of International Concern: Global, Regional, and Local Responses to Risk.', Medical Law Review, vol. 25, no. 2, pp. 223-239.View/Download from: UTS OPUS or Publisher's site
The declaration in 2009 that the H1N1 pandemic constituted a public health emergency of international concern (PHEIC) was the first such declaration under the revised International Health Regulations that were adopted in 2005. In the period since then PHEIC have been declared in relation to polio, Ebola, and Zika. This article evaluates initiatives that have been introduced globally, within the Asia-Pacific region, and within Australia, to strengthen preparedness for public health emergencies. Through analysis of evolving conceptualisations of risk, surveillance of zoonotic diseases, and development of public health capacities, the article argues that to date the global community has failed to make the necessary investments in health system strengthening, and that without these investments, global public health emergencies will continue to be an ongoing challenge.
Bigby, C, Douglas, J, Carney, T, Then, S-N, Wiesel, I & Smith, E 2017, 'Delivering decision making support to people with cognitive disability - What has been learned from pilot programs in Australia from 2010 to 2015', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 52, no. 3, pp. 222-240.View/Download from: Publisher's site
Carney, T, Walton, M, Chiarella, M & Kelly, P 2017, 'Health complaints and practitioner regulation: justice, protection or prevention?', Griffith Law Review, vol. 26, no. 1, pp. 65-88.View/Download from: Publisher's site
© 2017 Griffith University. This article reviews the objectives pursued by health complaints entities (HCEs), how they mesh with bodies concerned with the regulation of health practitioners, and how these functions map against those of administrative review and theories of consumer accountability. We show that HCEs pursue multiple and diverse objectives shared by 'hybrid' institutions dealing with complex 'polycentric' disputes or dynamic circumstances, constituting one part of a network or meta-regulatory web of regulatory and grievance agencies. We suggest that these health entities, which represent an atypical form of complaint handling (differing from administrative merits review) have associated trade-offs between objectives and overall system complexity that may have regulatory merit, but not be readily understood by health consumers. The article cautions that system-level perspectives (i.e. regulatory theory objectives) should not detract unduly from accountability and redress for individual complaints (complaints-resolution theory). We conclude that further empirical research is needed into: the balance between objectives of a complainant's focus (justice), professional regulation (prevention) and public risk management (protection) and the optimal organisational linkages between complaints management and professional regulation.
Light, EM, Robertson, MD, Kerridge, IH, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, GE & O'Connor, N 2016, 'Reconceptualizing involuntary outpatient psychiatric treatment: From 'Capacity' to 'capability'', Philosophy, Psychiatry and Psychology, vol. 23, no. 1, pp. 33-45.View/Download from: Publisher's site
© 2016 by The Johns Hopkins University Press. Justifying involuntary psychiatric treatment on the basis of a judgment that a person lacks capacity is controversial because there are questions about the meaning and utility of the concept in this context. There are complexities to using capacity in this way, which are further amplified in the community outpatient setting compared with acute inpatient care. A richer account of capacity, its meanings, and practical applications in context, is required. This qualitative study sought to build inductively a model of capacity in the context of involuntary outpatient psychiatric treatment, based on 38 interviews with stakeholders from New South Wales, Australia. The emergent model incorporates multiple 'capacities': to manage illness, for self-care, and to maintain social roles. It identifies core values that correspond with the 'capabilities approach,' elaborating the justifications and processes of involuntary outpatient psychiatric treatment. This proposed model of 'capability' may have a range of benefits to sound and ethical practice and scrutiny of systems of involuntary outpatient treatment.
Carney, T, Beaupert, F, Chiarella, M, Bennett, B, Walton, M, Kelly, PJ & Satchell, CS 2016, 'Health complaints and regulatory reform: Implications for vulnerable populations?', Journal of Law and Medicine, vol. 23, no. 3, pp. 650-661.View/Download from: UTS OPUS
© 2016 Thomson Head Office. All rights reserved. Complaints and disciplinary processes play a significant role in health professional regulation. Many countries are transitioning from models of self-regulation to greater external oversight through systems including metaregulation, responsive (risk-based) regulation, and "networked governance". Such systems harness, in differing ways, public, private, professional and non-governmental bodies to exert influence over the conduct of health professionals and services. Interesting literature is emerging regarding complainants' motivations and experiences, the impact of complaints processes on health professionals, and identification of features such as complainant and health professional profiles, types of complaints and outcomes. This article concentrates on studies identifying vulnerable groups and their participation in health care regulatory systems.
Satchell, CS, Walton, M, Kelly, PJ, Chiarella, EM, Pierce, SM, Nagy, MT, Bennett, B & Carney, T 2016, 'Approaches to management of complaints and notifications about health practitioners in Australia (vol 40, pg 311, 2016)', AUSTRALIAN HEALTH REVIEW, vol. 40, no. 3, pp. 353-+.View/Download from: Publisher's site
Satchell, CS, Walton, M, Kelly, PJ, Chiarella, EM, Pierce, SM, Nagy, MT, Bennett, B & Carney, T 2016, 'Approaches to management of complaints and notifications about health practitioners in Australia', Australian Health Review, vol. 40, no. 3, pp. 311-318.View/Download from: Publisher's site
© AHHA 2016. In 2005, the Australian Productivity Commission made a recommendation that a national health registration regimen and a consolidated national accreditation regimen be established. On 1 July 2010, the National Registration and Accreditation Scheme (NRAS) for health practitioners came into effect and the Australian Health Practitioner Regulation Agency (AHPRA) became the single national oversight agency for health professional regulation. It is governed by the Health Practitioner Regulation National Law Act (the National Law). While all states and territories joined NRAS for registration and accreditation, NSW did not join the scheme for the handling of complaints, but retained its existing co-regulatory complaint-handling system. All other states and territories joined the national notification (complaints) scheme prescribed in the National Law. Because the introduction of NRAS brings with it new processes and governance around the management of complaints that apply to all regulated health professionals in all states and territories except NSW, where complaints management remains largely unchanged, there is a need for comparative analysis of these differing national and NSW approaches to the management of complaints/notifications about health professionals, not only to allow transparency for consumers, but also to assess consistency of decision making around complaints/notifications across jurisdictions. This paper describes the similarities and differences for complaints/notifications handling between the NRAS and NSW schemes and briefly discusses subsequent and potential changes in other jurisdictions. Journal compilation
Light, E, Kerridge, I, Robertson, M, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, G, O'Connor, N & Ryan, C 2015, 'Involuntary psychiatric treatment in the community: general practitioners and the implementation of community treatment orders', AUSTRALIAN FAMILY PHYSICIAN, vol. 44, no. 7, pp. 485-489.
Light, E, Robertson, M, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, G, O'Connor, N, Ryan, CJ & Kerridge, I 2015, 'The Many Faces of Risk: A Qualitative Study of Risk in Outpatient Involuntary Treatment', PSYCHIATRIC SERVICES, vol. 66, no. 6, pp. 649-652.View/Download from: Publisher's site
Carney, T 2015, 'Supporting People with Cognitive Disabilities with Decision-making: Any Australian Law Reform Contributions?', Research and Practice in Intellectual and Developmental Disabilities, vol. 2, no. 1, pp. 6-16.View/Download from: Publisher's site
© 2015 Elsevier Masson SAS. The right of a person to make their own decisions but be protected from serious harm should cognitive capacity decline poses ethical and practical challenges for the law. The principle of supported decision-making enshrined by the UN Convention on the Rights of Persons with Disabilities 2006 has fuelled the search by law reform bodies for new statutory models or principles capable of better respecting autonomous choice and avoiding undue paternalism in the name of protection of the vulnerable. This paper selectively reviews some law reform models across the spectrum from guardianship and supported decision-making to durable powers of attorney or support. It argues that across these different legal settings there are shifting (and delicate) balance points to be found between competing ethical principles (such as autonomy and protection), adequate accountability and freedom from undue regulation, and "workability" (fidelity of practice to intended objectives).
Light, EM, Robertson, MD, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, GE, O'Connor, N, Ryan, C & Kerridge, IH 2014, 'The lived experience of involuntary community treatment: a qualitative study of mental health consumers and carers', AUSTRALASIAN PSYCHIATRY, vol. 22, no. 4, pp. 345-351.View/Download from: Publisher's site
Carney, T 2014, 'The incredible complexity of being? Degrees of influence, coercion, and control of the "autonomy" of severe and enduring anorexia nervosa patients. Commentary on "Anorexia nervosa: the diagnosis: a postmodern ethics contribution to the bioethics debate on involuntary treatment for anorexia nervosa" by Sacha Kendall.', Journal of bioethical inquiry, vol. 11, no. 1, pp. 41-42.View/Download from: Publisher's site
Carney, T 2014, 'Clarifying, Operationalising, and Evaluating Supported Decision Making Models', Research and Practice in Intellectual and Developmental Disabilities, vol. 1, no. 1, pp. 46-50.View/Download from: Publisher's site
Freckelton, I 2014, 'Australian Mental Health Tribunals', PSYCHIATRY PSYCHOLOGY AND LAW, vol. 21, no. 5, pp. 818-820.View/Download from: Publisher's site
Beaupert, F, Carney, T, Chiarella, M, Satchell, C, Walton, M, Bennett, B & Kelly, P 2014, 'Regulating healthcare complaints: A literature review', International Journal of Health Care Quality Assurance, vol. 27, no. 6, pp. 505-518.View/Download from: Publisher's site
© Emerald Group Publishing Limited. Purpose: The purpose of this paper is to explore approaches to the regulation of healthcare complaints and disciplinary processes. Design/methodology/approach: A literature review was conducted across Medline, Sociological Abstracts, Web of Science, Google Scholar and the health, law and social sciences collections of Informit, using terms tapping both the complaints process and regulation generally. Findings: A total of 118 papers dealing with regulation of health complaints or disciplinary proceedings were located. The review reveals a shift away from self-regulation towards greater external oversight, including innovative regulatory approaches including 'networked governance' and flexible or 'responsive' regulation. It reports growing interest in adoption of strategic and responsive approaches to health complaints governance, by rejecting traditional legal forms in favor of more strategic and responsive forms, taking account of the complexity of adverse health events by tailoring responses to individual circumstances of complainants and their local environments. Originality/value: The challenge of how to collect and harness complaints data to improve the quality of healthcare at a systemic level warrants further research. Scope also exists for researching health complaints commissions and other 'meta-regulatory' bodies to explore how to make these processes fairer and better able to meet the complex needs of complainants, health professionals, health services and society.
Carney, T 2013, 'Participation and service access rights for people with intellectual disability: a role for law?', Journal of intellectual & developmental disability, vol. 38, no. 1, pp. 59-69.View/Download from: Publisher's site
BACKGROUND: Supported decision-making and personal budgets for services are the new paradigms. METHOD: Supported decision-making proposals from the Australian State of Victoria are analysed against international trends to determine the viability of laws reflecting new international norms of the United Nations Convention on the Rights of Persons with Disabilities 2006 (CRPD). RESULTS/CONCLUSIONS: The article concludes that it is desirable to pursue supported decision-making and allied legal reforms, but the contribution of the law is small and the new supported decision-making paradigms have similarities to old paternalist guardianship, as well as possible unintended consequences. It is suggested that realising the equality, support, protection, and socioeconomic service aspirations of the CRPD raise important practical challenges for governments, for service providers, for families, and-centrally-for people with intellectual disability (ID).This article examines the limited contribution law can make to this enterprise.
Low, S & Carney, T 2012, 'Inter-Governmental Policy Implementation: State Inducements to Encourage Implementation at the Local Level', International Journal of Public Administration, vol. 35, no. 3, pp. 177-193.View/Download from: UTS OPUS or Publisher's site
This article investigates how State departments can best equip Local government to implement State environmental protection legislation effectively. Research on joint implementation by the then New South Wales Environment Protection Authority and NSW Local government authorities is reviewed to explore inducements and constraints on intergovernmental policy implementation, including the multi-jurisdictional nature of policy. © 2012 Taylor and Francis Group, LLC.
Carney, T 2012, 'Australian mental health tribunals-'Space' for rights, protection, treatment and governance?', INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY, vol. 35, no. 1, pp. 1-10.View/Download from: UTS OPUS or Publisher's site
Carney, T, Bailey, R & Bennett, B 2012, 'Pandemic planning as risk management: how fared the Australian federation?', Journal of law and medicine, vol. 19, no. 3, pp. 550-568.
The role of law in managing public health challenges such as influenza pandemics poses special challenges. This article reviews Australian plans in the context of the H1N1 09 experience to assess whether risk management was facilitated or inhibited by the "number" of levels or phases of management, the degree of prescriptive detail for particular phases, the number of plans, the clarity of the relationship between them, and the role of the media. Despite differences in the content and form of the plans at the time of the H1N1 09 emerging pandemic, the article argues that in practice, the plans proved to be responsive and robust bases for managing pandemic risks. It is suggested that this was because the plans proved to be frameworks for coordination rather than prescriptive straitjackets, to be only one component of the regulatory response, and to offer the varied tool box of possible responses, as called for by the theory of responsive regulation. Consistent with the principle of subsidiarity, it is argued that the plans did not inhibit localised responses such as selective school closures or rapid responses to selected populations such as cruise ship passengers.
Carney, T 2011, 'Social security law: what does the politics of 'conditional welfare' mean for review and client representation?', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 46, no. 3, pp. 233-252.View/Download from: Publisher's site
Carney, T 2011, 'A regional disability tribunal for Asia and the Pacific: Changing the conversation to a 'conversation'?', International Journal of Law in Context, vol. 7, no. 3, pp. 319-333.View/Download from: Publisher's site
This article reviews approaches to the needs of disabled people in Asia and the Pacific, the only part of the world currently lacking regional human rights machinery. The article examines some of the social policy choices involved in prioritising different possible approaches to meeting the needs of disabled people in the region, with a focus on a proposed regional disability rights tribunal (DR-TAP). It is argued that this is not the top priority for immediate action; rather it is contended that capacity building and culturally appropriate attitudinal and other change strategies should instead be pursued over the medium-term horizon. © 2011, Cambridge University Press. All rights reserved.
Management of pandemic influenza relies on complex coordination of many different dimensions of the health and social care systems, emergency services, levels of national and local government, civil society, communications and media, and cultural expectations. Law is one small but important component of those arrangements, which touch on fundamental ethical debates. This review demonstrates that the Asian region is actively engaging those issues in diverse ways in light of their varied socioeconomic and cultural backgrounds, but scope remains for prioritising further research into these relationships.
Carney, T & Tait, D 2011, 'Mental Health TribunalsRights, Protection, or Treatment? Lessons from the ARC Linkage Grant Study?', PSYCHIATRY PSYCHOLOGY AND LAW, vol. 18, no. 1, pp. 137-159.View/Download from: Publisher's site
Carney, T 2010, 'Securing Social Security for Migrant Workers:1Orthodox Approaches or an Alternative (Regional/Political) Path for Southern Africa?', African Journal of International and Comparative Law, vol. 18, no. 1, pp. 24-45.View/Download from: Publisher's site
Ramia, G & Carney, T 2010, 'The Rudd Government's Employment Services Agenda: Is it Post-NPM and Why is that Important?', AUSTRALIAN JOURNAL OF PUBLIC ADMINISTRATION, vol. 69, no. 3, pp. 263-273.View/Download from: Publisher's site
Bennett, B & Carney, T 2010, 'Law, ethics and pandemic preparedness: the importance of cross-jurisdictional and cross-cultural perspectives.', Australian and New Zealand journal of public health, vol. 34, no. 2, pp. 106-112.View/Download from: Publisher's site
OBJECTIVE: To explore social equity, health planning, regulatory and ethical dilemmas in responding to a pandemic influenza (H5N1) outbreak, and the adequacy of protocols and standards such as the International Health Regulations (2005). APPROACH: This paper analyses the role of legal and ethical considerations for pandemic preparedness, including an exploration of the relevance of cross-jurisdictional and cross-cultural perspectives in assessing the validity of goals for harmonisation of laws and policies both within and between nations. Australian and international experience is reviewed in various areas, including distribution of vaccines during a pandemic, the distribution of authority between national and local levels of government, and global and regional equity issues for poorer countries. CONCLUSION: This paper finds that questions such as those of distributional justice (resource allocation) and regulatory frameworks raise important issues about the cultural and ethical acceptability of planning measures. Serious doubt is cast on a 'one size fits all' approach to international planning for managing a pandemic. It is concluded that a more nuanced approach than that contained in international guidelines may be required if an effective response is to be constructed internationally. IMPLICATIONS: The paper commends the wisdom of reliance on 'soft law', international guidance that leaves plenty of room for each nation to construct its response in conformity with its own cultural and value requirements.
Bennett, B & Carney, T 2010, 'TRADE, TRAVEL AND DISEASE: THE ROLE OF LAW IN PANDEMIC PREPAREDNESS', ASIAN JOURNAL OF WTO & INTERNATIONAL HEALTH LAW AND POLICY, vol. 5, no. 2, pp. 301-329.
Bennett, B, Carney, T & Saint, C 2010, 'Swine flu, doctors and pandemics: is there a duty to treat during a pandemic?', Journal of law and medicine, vol. 17, no. 5, pp. 736-747.
The swine influenza (H1N1) outbreak in 2009 highlighted the ethical and legal pressures facing general practitioners and health workers in emergency departments in determining the nature and limits of their obligations to their patients and the public. Health workers require guidance on the multiple, overlapping, and at times conflicting legal and ethical duties owed to patients and prospective patients, employers and fellow health workers, and their families. Existing sources of advice on these issues in Australia, by way of statements of medical ethics and other sources of advice, are shown to be in need of further amplification if health workers are to be provided with the certainty and guidance required. Given the complexity of the issues, Australia would therefore benefit from more extensive consultation with the variety of stakeholders involved in these questions if pandemic plans are to smoothly deal with future crises in an ethically and legally sound manner.
Carney, T, Tait, D, Richardson, A & Touyz, S 2008, 'Why (and when) clinicians compel treatment of anorexia nervosa patients', EUROPEAN EATING DISORDERS REVIEW, vol. 16, no. 3, pp. 199-206.View/Download from: Publisher's site
Carney, T 2008, 'The mental health service crisis of neoliberalism - An antipodean perspective', INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY, vol. 31, no. 2, pp. 101-115.View/Download from: Publisher's site
Carney, T & Beaupert, F 2008, 'Mental health tribunals: rights drowning in un-'Chartered' health waters?', Australian Journal of Human Rights, vol. 13, no. 2, pp. 181-208.View/Download from: Publisher's site
© 2008 Taylor and Francis Group, LLC. This article assesses features of mental heath legislation relating to compulsory treatment and mental health tribunal processes against domestic 'Charters' of rights recently enacted in Victoria and the Australian Capital Territory. It is argued that genuinely interdisciplinary, multi-member mental health tribunals are vital to the quality of decision-making, and mental health tribunals should be funded to enable them to spend adequate time assessing the merits of each case in line with civil rights standards for prompt and fair hearings, especially where individual liberty is at stake. Because overseas research demonstrates that mental health is a very special jurisdiction, the article summarises those findings before turning to the human rights implications.
Carney, T, Ramia, G & Chapman, A 2007, 'Comparativism, the labour-social policy nexus and intra-national analysis: A case study', Policy and Politics, vol. 35, no. 2, pp. 233-250.View/Download from: Publisher's site
In scholarly discussions of the labour-social policy nexus, comparisons of social protection for different demographic groups within nations are less common than regime-wide, cross-national and regional analyses. This article presents an intra-national comparative analysis of jobseekers and workers with family responsibilities in Australia, focusing on the relationship between labour law and social security law in each domain. The Australian case demonstrates the need to add institutional detail and policy choice considerations to analyses of labour and social policies. The article also points to the importance of law and of moral values, both often underemphasised in accounts of the marketisation process. © The Policy Press, 2007.
PURPOSE OF REVIEW: Mental health law is changing in some common law jurisdictions. Questions are being asked about whether special legislation is still needed, whether it is a health or a legal issue, and how this part of the law relates to cognate laws about patient consent to healthcare and determinations about competence. The role of tribunal or court adjudication of the need for admission is also debated, along with the capacity of the law to harness resources or manage care. It is therefore timely to review these debates. RECENT FINDINGS: Renewed support is evident in the literature for subsuming mental healthcare within the general laws governing consent to care or determinations of competence. Socio-legal and interdisciplinary research suggests that health perspectives are already quite dominant in mental health law, while involuntary detention may correlate poorly with levels of need. The mesh between the law and service systems remains problematic, and there is little evidence that law has yet developed a significant capacity for leveraging treatment resources. SUMMARY: This review suggests that the priority for future research lies in exploring the factors which enhance treatment access and outcomes for the mentally ill rather than debating the shape or content of mental health law.
Carney, T, Tait, D & Touyz, S 2007, 'Coercion is coercion? Reflections on trends in the use of compulsion in treating anorexia nervosa', AUSTRALASIAN PSYCHIATRY, vol. 15, no. 5, pp. 390-395.View/Download from: Publisher's site
Carney, T 2006, 'Neoliberal welfare reform and 'rights' compliance under Australian social security law', Australian Journal of Human Rights, vol. 12, no. 1, pp. 223-253.View/Download from: Publisher's site
© 2006 Taylor and Francis Group, LLC. Recent neoliberal reforms to Australian social security and labour law privilege individual industrial bargaining and adopt a 'job-first' policy for welfare recipients, which exposes them to greater market pressures. This builds on earlier conservative Howard Government reforms, such as the privatisation of job matching services; insistence on mutual obligation and workfare expectations of social security clients; and intensification of loss of payment penalties for compliance breaches. This article examines the extent to which social security decision-making in Australia is favourably influenced by international treaties that include social security among the social and economic rights sought to be protected. It is argued that rights to social security are of their nature weak and sometimes internally conflicted, but this is compounded by their more limited purchase in Australian law. Consequently, international law has been of less assistance in protecting social security rights within Australia than is the case internationally. Everyone, as a member of society, has the right to social security and is entitled to realization… of the economic, social and cultural rights indispensable for… dignity and the free development of… personality. [Article 22, Universal Declaration of Human Rights, 10 December 1948.].
Carney, T, Wakefield, A, Tait, D & Touyz, S 2006, 'Reflections on coercion in the treatment of severe anorexia nervosa', ISRAEL JOURNAL OF PSYCHIATRY AND RELATED SCIENCES, vol. 43, no. 3, pp. 159-165.
Weisstub, DN & Carney, T 2006, 'Forensic mental health law reform in Japan: from criminal warehousing to broad-spectrum specialist services?', International journal of law and psychiatry, vol. 29, no. 2, pp. 86-100.View/Download from: Publisher's site
Since the 1980s Japan has undergone a number of mental health law reforms culminating in the 2005 forensic law. This added to its enactments on involuntary commitment, long-term aged care and substitute decision making, bringing Japan into focus as an industrialized state now possessed of a full package of civil and forensic provisions. This article seeks to demonstrate that the new forensic law cannot achieve its own stated goals without seeking to put into place financial and administrative supports aimed to integrate the myriad of patient populations that will be inevitably affected by the new forensic system. In order to avoid the widespread syndrome that has already been experienced internationally of warehousing mentally ill offenders in jails, it is critical that the Japanese government develop effective and culturally sensitive techniques for dealing with low risk populations through a diversionary process. Furthermore, although the legislation addresses serious crimes, it is imperative that policies be put into place to avoid directing young offenders, violent patients from the general hospital system, the developmentally handicapped, already convicted persons found in hospital settings and problematic cases in the correctional system, to the new forensic units established by the legislation. It is only though contemplating unintended outcomes of the legislation that the Japanese government will be able to avoid the ongoing stigmatization and prolonged institutionalization of mentally ill populations. Despite apparent cultural differences internationally vetted human rights requirements must be properly protected, not only in the forensic context, but throughout the mental health system at large. The coordination of services and the development of specialty training are necessary conditions for the realization of improved and humane conditions for mentally ill persons in Japan.
Carney, T 2006, 'Welfare to work; or work-discipline re-visited?', Australian Journal of Social Issues, vol. 41, no. 1, pp. 27-48.
Australia recently enacted welfare-to-work reforms for sole parents, the partially disabled and the long-term unemployed. At the same time, it enacted labour law reforms which dismantled labour law award protections in favour of 'individual bargaining'. This paper argues that the. combined effect of these reforms not only brings about closer integration between social security and labour law, but also increases the 'disciplinary' controls over the lives of welfare clients, while also degrading the conditions of the most vulnerable welfare clients, whether they are in work (on reduced employment conditions) or on welfare (on less generous benefits).
Carney, T, Tait, D, Wakefield, A, Ingvarson, M & Touyz, S 2005, 'Coercion in the treatment of anorexia nervosa: clinical, ethical and legal implications.', Medicine and law, vol. 24, no. 1, pp. 21-40.
Because of its high mortality and treatment resistence, clinicians sometimes invoke the law in aid of retaining their most acutely ill-patients in treatment or re-feeding programs. Depending on the jurisdiction, various laws, including mental health and adult guardianship laws, have been invoked to achieve this objective (Carney, Tait, Saunders, Touyz & Beumont, 2003). Until recently, little was known about the therapeutic impact of coercion on patients (Saunders, 2001, Carney & Saunders 2003), or the relative advantages of different avenues of coercion (Carney, Saunders, Tait, Touyz & Ingvarson 2004). Most obscure of all, however, has been our understanding of the factors influencing clinical decisions within specialist anorexia treatment units regarding which in-patients will be selected for coerced treatment. This paper reports legal and ethical implications of findings from analysis of data gathered from a major Australian specialist anorexia treatment facility over nearly 5 years.
Beumont, P & Carney, T 2004, 'Can psychiatric terminology be translated into legal regulation? The anorexia nervosa example', AUSTRALIAN AND NEW ZEALAND JOURNAL OF PSYCHIATRY, vol. 38, no. 10, pp. 819-829.
Beumont, P & Carney, T 2004, 'Can psychiatric terminology be translated into legal regulation? The anorexia nervosa example.', The Australian and New Zealand journal of psychiatry, vol. 38, no. 10, pp. 819-829.View/Download from: Publisher's site
To explore the tension between the definition of mental illness in clinical psychiatry and its embodiment in legislation applied by tribunals reviewing decisions to treat.Severe anorexia nervosa is used as a case exemplar of the tension between the appropriate narrative to express the clinical imperative to treat and the law's focus on finer technical language which secures individual civil rights and liberties. Australian and international experience is reviewed.The paper finds that the clinical and the legal narratives about how to 'define' mental illness do differ at the formal level of expression where they necessarily intersect in the setting of tribunal review of involuntary treatment decisions. However, in practice mental health admissions and tribunal reviews generally endorse the clinical applications of that more capacious and fluid terminology of clinical psychiatry.While tribunal reviews of clinical decisions may occasionally require clinicians to participate in an unfamiliar legal dialogue about narrowly construed definitions of mental illness, tribunals apply more complex tests which are sensitive to clinical practice and good therapeutic objectives.
Beumont, P & Carney, T 2004, 'Can psychiatric terminology be translated into legal regulation? The anorexia nervosa example', Australian and New Zealand Journal of Psychiatry, vol. 38, no. 10, pp. 819-829.View/Download from: Publisher's site
Objective: To explore the tension between the definition of mental illness in clinical psychiatry and its embodiment in legislation applied by tribunals reviewing decisions to treat. Method: Severe anorexia nervosa is used as a case exemplar of the tension between the appropriate narrative to express the clinical imperative to treat and the law's focus on finer technical language which secures individual civil rights and liberties. Australian and international experience is reviewed. Results: The paper finds that the clinical and the legal narratives about how to 'define' mental illness do differ at the formal level of expression where they necessarily intersect in the setting of tribunal review of involuntary treatment decisions. However, in practice mental health admissions and tribunal reviews generally endorse the clinical applications of that more capacious and fluid terminology of clinical psychiatry. Conclusions: While tribunal reviews of clinical decisions may occasionally require clinicians to participate in an unfamiliar legal dialogue about narrowly construed definitions of mental illness, tribunals apply more complex tests which are sensitive to clinical practice and good therapeutic objectives.
This article reviews the 'rights' versus 'access to treatment' debate in mental health law and policy. It asks, among other things, whether contemporary policy is compatible with civil rights standards, whether community-based care is adequate and 'fair', and whether it is well placed to cope with present and future challenges (such as privatisation of services, reduced visibility of need and neglect, populist campaigns against public 'risk' allegedly posed by certain personality disorders, and access and equity needs within cultural diversity). It is concluded that legislation and policy passes international human rights scrutiny, but it is argued that debate urgently needs to move on to craft the content (and monitor the performance) of new instruments; instruments better attuned to the community-based care needs of contemporary postmodern society. The paper challenges the air of complacency in this area, as evidenced by neglect of attention to the use and monitoring of community treatment orders, the lack of techniques for protection of citizens interests within a privatised state, and the absence of answers to the steady erosion in state resourcing and services. © 2003 Taylor & Francis Group, LLC.
Carney, T, Tait, D, Saunders, D, Touyz, S & Beumont, P 2003, 'Institutional options in management of coercion in anorexia treatment: The antipodean experiment?', INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY, vol. 26, no. 6, pp. 647-675.View/Download from: Publisher's site
Beumont, P & Carney, T 2003, 'Conceptual issues in theorising anorexia nervosa: Mere matters of semantics?', INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY, vol. 26, no. 6, pp. 585-598.View/Download from: Publisher's site
Carney, T 2001, 'Globalisation and guardianship harmonisation or (postmodern) diversity?', International journal of law and psychiatry, vol. 24, no. 2-3, pp. 95-116.View/Download from: Publisher's site
Ramia, G & Carney, T 2001, 'Contractualism, managerialism and welfare: the Australian experiment with a marketised employment services network', POLICY AND POLITICS, vol. 29, no. 1, pp. 59-80.View/Download from: Publisher's site
Carney, T 2000, 'New configurations of justice and services for the vulnerable: Panacea or panegyric?', Australian and New Zealand Journal of Criminology, vol. 33, no. 3, pp. 318-340.View/Download from: Publisher's site
Accessible justice (tribunals), integrated justice (drug courts), community justice (sentencing circles or "conferencing"), group justice (ulysses agreements), and contractual justice (private "settlements") are new ways of tackling old problems; often ones involving vulnerable groups. Vulnerable groups pose particular challenges about whether the state should intervene, in what ways, and whether through the legal, medical, or welfare systems. New programs, with new objectives and new sectoral boundaries, necessarily raise new questions. Questions about ethical foundations. Questions about implications for "citizenship", or for the rule of law, or for distributional equity. And questions about program "effectiveness". This paper identifies common themes and patterns in the reforms, including "active" rather than passive adjudication, judicial commitment to realisation of identified goals, intersectoral collaboration, community in-put or control, and use of privatised "contractualist" metaphors. It considers the extent to which this reflects globalisation (harmonisation with civil law experience), or is emblematic of "postmodernism" (better attuning programs to diversity and fluidity), or other theoretical positions (such as contractualism and republican citizenship). It is argued that these experiments should be cautiously welcomed, subject to rigorous assessment of their merits, since their over-enthusiastic adoption risks breaches of fundamental ethical, civil citizenship, or medico-legal precepts, and may allow theory to outstrip its evidentiary base.
Carney, T & Tait, D 1998, 'Adult guardianship: narrative readings in the "shadow" of the law?', International journal of law and psychiatry, vol. 21, no. 2, pp. 147-162.View/Download from: Publisher's site
Carney, T & Tait, D 1997, 'Caught between two systems? Guardianship and young people with a disability.', International journal of law and psychiatry, vol. 20, no. 1, pp. 141-166.View/Download from: Publisher's site
CARNEY, TERRY 1992, ''RECONCILING THE IRRECONCILABLE'?: A RIGHTS OF INTERESTS BASED APPROACH TO UNCONTROLLABILITY? A COMMENT ON SEYMOUR', "International Journal of Law, Policy and the Family", vol. 6, no. 1, pp. 119-125.View/Download from: Publisher's site
On the 2nd of September this year, the United Nations Convention on the Rights of the Child, adopted by the Assembly in November 1989, came into force under international law, 30 days after the lodgment of the 20th instrument of ratification (by which time 31 countries had deposited ratifications). Shortly prior to that date, on 22 August, after some public controversy about the matter, Australia had determined to sign the Convention. The Convention, which stemmed from the 1979 International Year of the Child, expanded and elaborated within an international treaty, rights first enunciated (in non-binding form) in the 1959 Declaration of the Rights of the Child. It applies to a person under the age of 18.
Over 5 years ago, the Report of the Child Welfare Practice and Legislation Review Committee was published. That report - Equity and Social Justice for children families and communities, took, as one of its foundation principles, the proposition that Victorian law and practice should reflect internationally accepted principles of human and civil rights of children.
This paper outlines some of the findings and approaches of the Victorian Review. It assesses a stylized "orthodox model" of child welfare law and practice, a model which remains in many Australian jurisdictions and which has its popularity in Britain, Canada, and the United States. It concludes that serious consideration should be given to rebuilding and strengthening these arrangements. This entails emphasis on utilizing laws to serve an educative function and facilitating access by children and families to preventive and support services. It argues that a broad concept of neglect should be adopted and that the "welfare orientation" of the Children's Court requires reconsideration, because the capacity of courts to resolve entrenched structural problems of society has been overrated. Welfare practice, and specifically a community approach to welfare, should shape the primary response to protection of children; judicial involvement should be a last resort.
CARNEY, T 1987, 'ASSETS TESTING - PROBLEMS IN RECONCILING ECONOMIC, WELFARE AND LEGAL PERSPECTIVES WHEN DEFINING ASSETS', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 22, no. 3, pp. 498-515.View/Download from: Publisher's site
This article, written from a less than detached standpoint by the chairperson of the body concerned, takes the recently completed review of child welfare practice and legislation in the Australian State of Victoria, as a case study of the contours, and of the factors which shape, law reform in areas of social policy. Substantive issues dealt with in the body of the Report1 will not be addressed here. Rather, the article considers some of the reasons which might explain why the task was not entrusted to one of the existing structures for the review of law and social policy in this State, and it canvasses some of the features which may make review by such a free-standing committee the preferred approach when reviewing social policy. The main theme to be explored is that of the role of reviews in accelerating (or inhibiting) the process of change in a legal, welfare practice and public policy context. To this end the article addresses such matters as: the significance of the composition of the review body; its techniques of consultation with the public and with government; its dealings with government and major centres of power; and related matters which bear on its capacity to discharge its basic mandate. The contextual pressures which favour system inertia, or which may transform reform measures into something other than what was intended by the proponents of change, will also be alluded to. It will be argued that the model of expert independent committee suffers from a vulnerability to the effects of external factors and relationships. These may leach away much of its capacity to undertake a thorough, detached evaluation of its specified field, and preclude it from building up significant momentum for change. Nevertheless, it is contended that these weak points are capable of being shored up. As a consequence it is concluded that this model is superior to its competitors when a significant area of social policy is thought to be ripe for evaluation and change. © 1...
CARNEY, T 1982, 'SOCIAL-WELFARE - AVAILABILITY AND DELIVERY OF SERVICES AND BENEFITS FOR CHILDREN', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 17, no. 2, pp. 93-120.View/Download from: Publisher's site
The theme of this Conference is All Care and No Responsibility while the title assigned to this paper is All Responsibility and No Care. Consistent with what I understand to be the focus of this title, the paper will examine various aspects of the system of governmental and no governmental care for the child deemed to be in need of some protective care from the state. The paper will concentrate on the present arrangements for admitting a child to wardship and consider possible alternatives to wardship and alternatives to institutional care for wards.
Whereas the loathesome and odious sin of drunkenness is of late grown into common use within this realm, being the root and foundation of many other enormous sins, as bloodshed, stabbing, murder, swearing, fornication and adultery and such like, to the great dishonour of God and our Nation.: -Preamble Cl7 Statute; 4 Jac. 1 c5 (1606). © 1972, SAGE Publications. All rights reserved.
Carney, T & Bennett, B 2012, 'Governance, rights and pandemics: Science, public health or individual rights?' in Ethics and Security Aspects of Infectious Disease Control: Interdisciplinary Perspectives, pp. 201-217.
© 2012 Springer-Verlag Berlin Heidelberg. All rights are reserved. This chapter reviews different approaches to management of declining cognitive and decision-making powers of aged citizens to determine whether the most appropriate contemporary balance points have been found between philosophical values of autonomy and paternalism, the respective roles of state and civil society, respect for cultural values and pluralism, and tolerance of reasonable degrees of individual risk. Particular attention is devoted to the implications of preferences for supported decisionmaking rather than substitute decisionmaking, as expressed in recent international conventions. It argues that the civil citizenship goal of maximal social participation by aged citizens retains its appeal, resonating with contemporary 'capability' theories of justice. However countries must remain mindful of the need to craft laws, institutions and programs in light both of domestic cultural values and evidence-based assessments of competing legal or other policy instruments.
Carney, T 2005, 'Liberalism or distributional justice? The morality of child welfare laws' in Child Welfare and Social Policy: An Essential Reader, pp. 191-202.