Lacking Insight - Community Law

Part 1 > Summary• Consumers should be offered assistance,provided with explanations, and offered debriefingwith their preferred member of the treating teamafter they have accessed the file;• The Board should always ask if the consumer hashad a chance to look at the file and adjourn thematter to the next sitting if they have not and theywant to;• The Board should note when a person has notaccessed their file and if the order is extendedencourage the person to exercise this right beforethe next hearing, also informing them of the rightto an advocate to assist;• Reports provided to the Board must also beprovided to the person giving ample time for themto prepare a response; the person should beencouraged to seek advice and support to assistin reading the report and in preparing a response;• The Board must provide ongoing informationand training to mental health clinics and servicesto ensure that these services understand theirobligations in relation to providing access to filesand files are available.Consumers’ level ofunderstanding of thereview process• All consumers should be told by their casemanager how to access independent advice and/or representation from Victoria Legal Aid or theCentre, handed a copy of the booklet “Patients’Rights: A self help guide to the Victorian MentalHealth Act”, and offered a viewing of the Board’sexplanatory DVD when they are advised of theirhearing date;• All consumers should be told how they canget an explanation of the information they havereceived about their hearing, and provided withthe name of the contact person who will provideassistance, an explanation and debriefing;• All consumers must be informed of their rightsunder the Victorian Charter of Rights andResponsibilities, immediately they encountermental health services;• All consumers must be informed of therequirements of the Board for submissions underthe Charter, including the requirements of theBoard’s Practice Direction. Information mustinclude how to get support and assistance inorder to comply with Board directions;• Board members should give their name and anoutline of their role at the start of the hearing, andexplain how the hearing will be conducted;• Board members should summarise the criteriafor involuntary treatment and the treatmentplan considerations at the start of the hearing,and clearly signpost the elements as thehearing progresses;• The Board should clearly and honestly announcethe decision;• If the person is discharged the Board must notattach conditions to this discharge or give awarning that links further behavior with involuntarydetention, but suggest the person consult alawyer if they want advice about implications ofthe discharge;• The Board should tell consumers at the endof hearings that they have a right to requesta Statement of Reasons and that they have11