Law Reform or Systemic Reform? Stakeholder Perceptions of Resource Constraints in Mental Health in Australia, New Zealand and Canada

Abstract

This article examines resource constraints in the mental health systems in Australia, New Zealand and Canada in light of the results of a qualitative study analysing interviews with 65 representatives of consumer and carer organisations, lawyers, judges and mental health professionals conducted between September 2008 and December 2010. The interviews were analysed using grounded theory, and an unanticipated finding was that resource constraints in mental health law and practice emerged as the most discussed theme. The analysis revealed that participants were concerned about (1) the futility of law reform without the injection of adequate resources in their mental health systems; (2) the types of resources that they perceived were lacking; and (3) the consequences of those resource constraints on the operation of mental health systems at a systemic level. This paper highlights the importance of systemic factors in the development of mental health law, policy and practice.