Lacking Insight - Community Law

“. . .If the person feels they’ve been given anopportunity to be heard and be understoodduring the course of the Board’s hearing, that’sprobably the only opportunity they’ve ever hadduring their entire stay . . .”Legal Representative• To document the role and perceived impactof representation, both legal and lay models,in Board hearings, from the perspective ofthe person whose involuntary status is beingreviewed or appealed, as well as from theperspective of other stakeholders;• To identify and explore special issues relevant tothe mental health review process for those livingin rural Victoria;• To identify possible issues for the improvementof the mental health review process, requiringchange at either a procedural or legislative level.RecommendationsAs this research shows, there are a number ofaspects of the current review system that areinadequate. As well as the practical measures thatcan be taken to reduce the negative impact thata hearing can have on a person, there are alsoprocedural and legislative changes that must bemade. This section of the report first sets out therecommendations which flow from the concernsraised by the consumers interviewed. The report thenconsiders the views of other stakeholders.Inquisitorial v adversarial andrubber stampedBoard members should conduct hearings in a waywhich fulfils their inquisitorial role and lessens theexperience that consumers have of an unevenadversarial battle and a predetermined outcome by:• Acknowledging that the consumer’s contributionand evidence is pivotal to the conduct of thehearing, and allowing enough time for thatevidence to be presented;• Allowing the consumer to tell their story;• Clearly stating that they are independent and thatthe psychiatrist Member does not work at theservice, confirming that they will carefully considerthe information they are given, and make anindependent decision;• Conducting hearings so that this independence isapparent throughout the hearing;9