Forensic Mental Health Orders: Orders Without Borders

Abstract

Objective: Persons subject to forensic mental health orders imposed by the courts form a small but politically salient group. Their management provides a number of challenges for mental health services and for governments throughout Australia. Although their overall management has been enhanced by recent developments in forensic services, there is a lack of consistent cross-border agreements between states and territories. This paper will discuss how this situation is not conducive to effective risk management and is a denial of patients’ legitimate demands for freedom of movement. A proposal for the adoption of appropriate principles to improve the current state of affairs is outlined.

Conclusion: Legislative reform is required to ensure the safe and ethical management of mentally disordered offenders subject to forensic mental health orders in Australia.