Mental health law practice guide for lawyers

Mental health law practice guide for lawyers

Last updated July 2016

If you are assisting a client living with mental illness, there may be any number of laws to consider, depending on the nature of their legal issue.

The practice guide is designed primarily for lawyers who are assisting a person who is receiving treatment and other services at a public community mental health service or inpatient psychiatric unit at a public hospital.

Importantly, this guide contains practical information and tips about how you can best assist your client to understand and exercise their rights and options under the Mental Health Act 2014 to achieve their desired outcomes.

In this guide ...

How to use this guide

About the Mental Health Act 2014 and its principles

Role of lawyers in the mental health law jurisdiction

Compulsory treatment and assessment orders

Treatment criteria: compulsory treatment

The Mental Health Tribunal – its role and powers

Hearings at the tribunal – listing and procedures

Preparing for and appearing at a Mental Health Tribunal hearing

After the hearing – advising on next steps

Electroconvulsive treatment (ECT)

Disclaimer: The material in this publication is written for lawyers, but is intended as a general guide only. The information contained should not be relied upon as legal advice, and should be checked carefully before being relied upon in any context. Victoria Legal Aid expressly disclaims any liability howsoever caused to any person in respect of any legal advice given or any action taken in reliance on the contents of the publication.

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