A couple of NSW magistrates are currently presenting their arguments about why they should remain in office, in the NSW Parliament.

Following some complaints they were referred by the Judicial Officers Commission for consideration of their dismissal by Parliament. The arguments in favour of their retention seem to be mainly based on the precept that mental illness should not affect a person's suitability for employment, if that is the right word.

The other argument is that if a condition is able to be treated by medication it is under control. Both of these arguments need to be viewed in the context of the underlying theories upon which they are based. The first is essentially a socio-political theory to the effect that equality demands that every person no matter what their physical or mental handicap should be potentially eligible for every job. This theory at its high point suggests that airline pilots should perhaps be allowed to continue to fly if they are diagnosed as epileptics.

The second theory rests upon an acceptance of a mechanical model of mental illness which in turn, holds that a condition can be treated by medication which in turn makes it a controlled managed condition. The problem for this theory is that modern medicine has not solved all mysteries, and to the extent that sometimes some medication does something, nobody really knows exactly why.

It is perhaps curious to note that potential applicants for some Federal judicial positions are asked to complete a written application in which they indicate whether they have had complaints made against them and whether they have had financial problems, but they are not asked whether they have been treated for any psychiatric condition.

For reasons best known to newspaper editors they have declined to go into much detail about the nature of the complaints made however one of the magistrates decided to question the decision made to refer the matters and this resulted in a Supreme Court decision. The following is the link;

http://www.caselaw.nsw.gov.au/action...?jgmtid=152059