PowerPoint Presentation

Strategic campaigning lessons learnt

Using test cases / litigation to advocate for systemic change

Catherine LeslieLawyer and policy officer

1Why use litigation?Case studies are powerful illustrations

Core work as legal services links with policy/law reform

Shine a light in dark places a stick to make agencies/public authorities improve practice

Building capacity of the CLC, and empowering for others in client group2MHLCs experience key casesBreach of right to a fair hearing for failure to review involuntary psychiatric treatment for over 2 years; test case on Victorian CharterKracke v Mental Health Review Board & Ors (General) [2009] VCAT 646 (August 2009)

Vindication of client as fit and proper person to drive a taxi, despite his forensic psychiatric historyDirector of Public Transport v XFJ [2011] VSCA 302 (11 October 2011)

Preventing forced sale of our clients home affirmed his right to choose where to live and confirmed that Administration Orders cannot be used to compel psychiatric treatmentPJB v Melbourne Health & anor (Patrick's case) [2011] VSC 327 (19 July 2011)Impact of involuntary psychiatric treatment on persons human rights, the importance of timely independent review, and responsibilities of public authorities with power to compel treatment

3Identifying test case / strategic litigation?Strong casework base to draw from

Aligns with objectives of CLC

Accidental test case vs planned campaign

4ResourcesLimited resources at CLCRunning of caseOther aspects of law reform work

MHLCs experienceUse of pro bono counsel PILCHCLC lawyers run the case builds capacityFlexible in practice, incl. pro bono representation scheme

5Media

6Using mediaPromote outcome of decision broad impactHumanise problem and re-focus community/media debateDifficult to counter prevailing attitudes & prejudice

MHLC case studies privacy criticalSensitive nature of health and person informationStigmatising attitudes to people with mental illness in community and mediaCase by case basis

7Using case studiesOngoing law reform work identified law reform issues and others

De-identify client and relevant health service

Sharing knowledge in sector empowering other advocates, peak bodies, consumers

8Reflections and learningsManaging clients expectations of outcome, process, mediaNeed to be flexible

Opportunities:Effective & efficient ways of identifying test casesMedia capacity & presenceImprove planning and coordination across casework, law reform and education activities

9For more information incl. accessing materials:

www.communitylaw.org.au/mentalhealth or tel: 9629 4422

Catherine Leslie catherine.leslie@mhlc.org.au/mentalhealth

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