Lacking Insight - Community Law

Lacking InsightDid you think it was better when you had thereport beforehand? Did that help you going tothe hearing?It didn’t give me enough time and I’m intellectuallywith it . . . Just think of other people that are notand partly unwell who would not have a hope ofunderstanding those reports on the morning [ofthe hearing].BF - ConsumerViewing the case file shortly before attending a Boardhearing can mean a consumer is still affected by thematerial during the hearing.The practice of viewing the file varies from clinic toclinic. The most common practice is that peopleview the file with their lawyer, if they have one, ortheir case manager. Sometimes if consumers arealone they are not permitted access to their file. Thispractice seriously impacts upon the person’s ability toprepare a case for the hearing.As one consumer experienced in Board hearings notes:It’s always a shock when I read my file, becauseit’s always full of exaggerations and I always makesure I get that the day before because if I get thatright – a couple of times I’ve had it right beforethe Review Board hearing and I’m so upset fromreading it that I’m a bit speechless during theReview Board hearing, so I try to make it that Ihad read that the day before.PF - ConsumerThe consequences, then, of inadequate preparationare not only that the person is unable to put forwardthe strongest case for release from the ITO, it alsomeans that the person may be placed in a situationthat causes much distress. As such, the Boardprocess may be partly responsible for the demeanorupon which it bases its conclusions.It seems that too many consumers travel through thesystem never exercising their right to read their file,either because they do not know about this right orare not provided with the opportunity to do so.“You can’t respondto it, you can’t defendyourself against it;you can’t challenge itbecause you don’t knowit’s there.”GF - ConsumerConsumers’ Level of Understandingof the Review ProcessFrom the interviews it seems there is a lack ofknowledge about, or inability to act on, a lot ofinformation that could make Board hearingsmore participatory and less demoralising. Theconsequences of this information not being supplied,or being ineffectively supplied, not only underminenatural justice but also cause unnecessary confusionand frustration.‘No idea what to expect’An attendance at a Board hearing can be a verychallenging experience for a person who has little ifany understanding of the Board process. This canresult in trepidation and anxiety.44