Lacking Insight - Community Law

Lacking InsightThus a sense of predetermination may result in thecontinuation of an order regarding the consumer’streatment status, regardless of the needs of thatparticular consumer. It also certainly reduces theconsumer’s level of participation in the treatment,and the likelihood of one of the possible changesother than discharge occurring. Some nondischargebenefits of a hearing can include earlyreview, a change in treatment regime, a revision of atreatment plan, a favourable decision on a key issuesuch as whether the consumer actually poses anyrisk to anyone else, or simply having his or her viewsconsidered by an independent body.Access to InformationAccess to information is an important part of the Boardprocess. Once a hearing is scheduled the person hasthe right to read and get a copy of any documentsthat the Board will consider at the hearing. Thesedocuments must be made available at least 24 hoursbefore a hearing. The documents include a Report onInvoluntary Status prepared by a treating practitionerfor the Board and should include issues relevant to thecriteria for involuntary treatment and a treatment plan.Access to information, which is timely, full, and frank,allows the consumer to know about the circumstancesthat have resulted in the involuntary detention andthus provides the opportunity to properly present theconsumer’s own version of events to the Board. Thismay involve calling upon witnesses and independentopinion. Information about the Board’s processes isalso important as it allows the consumer to betterunderstand the workings of the Board and the reasonsfor its decisions. Access to information empowers theconsumer before, during, and after the hearing. It isno surprise that consumers are particularly concernedabout the lack of access they receive, both to personaland procedural information.Access to a consumer’s file: anissue of natural justiceMany of the concerns raised by consumers involveimportant applications of principles of natural justice.Natural justice has been described as:The right to be given a fair hearing and theopportunity to present one’s case, the rightto have a decision made by an unbiased ordisinterested decision maker and the right tohave that decision based on logically probativeevidence: Salemi v Mackeller (no 2) (1977)(Nygh & Butt, 1998)Consumers told researchers that gaining access totheir case file is a major concern. Some consumersstated that they had no knowledge of their right toaccess their file; others reported that they were notprovided with enough time to understand the file’scontents. Some people, aware of the contents oftheir file, were disturbed that the file had documentsmissing. People were not generally aware of theexemption provisions for some documents.One of the demands of natural justice is that the partiesare allowed to comprehensively present their case.No access or inadequate access to their file is likely tomean consumers are effectively denied this opportunity.Some consumers are unawarethat they have a case fileDid you get to inspect your case file?No.Did you know you had a file?No.If you had to go before the Board againnow, would you inspect your case file, knowingyou can?42