Introduction: The right to mental health is a fundamental human right. The World Health Organization enshrined this right as the highest level of health attainable in its 1946 Constitution. In 1991, the United Nations General Assembly in its resolution embraced the “Principles for the protection of persons suffering from mental illness and for the improvement of mental health”. Care". This doctrine has formed the foundation for the development of mental health strategies throughout the world, including Australia. The United Nations in 2007 formulated the “Convention on the Rights of Persons with Disabilities”; a treaty to promote , protect and ensure the rights and freedoms of people with disabilities. Mental health in NSW is governed by the NSW Mental Health Act, which came into force in 2007. Ethics of involuntary management: The NSW Mental Health Act sanctions assessment involuntary assessment of people suspected of mental distress. Critics argue that involuntary assessment and treatment under the Mental Health Act is immoral. They believe this is in contradiction to fundamental human rights and involves a violation of civil independence argument gains further strength if after a thorough assessment the individual is not found to be mentally ill or in need of involuntary management. Cutler, Smith, Wand, Green, Dinh and Gribble (2013, pp. 544-549) in their research at the emergency department of Prince Alfred Hospital found that only 27% of people designated by ambulance officers under the Emergency Act NSW Mental Health eventually ended in involuntary psychiatric hospitalization [1]. Thus, certification of being “mentally ill” was a poor predictor of involuntary psychiatric hospitalizations. This leads one to seriously question whether the involuntary... center of paper.... Patfield, M. (2006), The 'mentally disorder' provisions of the New South Wales Mental Health Act 1990: their ethical position and effect on services, Australian Psychiatry, vol. 14, no. 3, pp. 263-266.7. Eastman, N. Mental Health Law: Civil Liberties and the Principle of Reciprocity, British Medical Journal, Vol. 308, n. 6920, pp. 43-45.8. Sachdev, P.S. and Sachdev, J. (2005), Long-term results of neurosurgery for the treatment of resistant depression, The Journal of Neuropsychiatry and Clinical Neurosciences, Vol. 17, no. 4, pp. 478-485.9. Awan, N.R., Lozano, A. and Hamani, C. (2009), Deep brain stimulation: current and future perspectives, Neurosurgical Focus, Vol. 27, no. 1, page. 2.10. Ryan, C. (2010), An open letter to all members of New South Wales Parliament, Sydney, accessed 15 May 2014, http://www.piac.asn.au/sites/default/files/Open_Letter.Dec_3. pdf.