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The Human Rights Law Resource Centre is an independent community legal centre that aims to promote and protect human rights, particularly the human rights of people that are disadvantaged or living in poverty, through the practice of law.
The Centre also aims to support and build the capacity of the legal and community sectors to use human rights in their casework, advocacy and service delivery. The Centre achieves these aims by undertaking and supporting the provision of legal services, litigation, education, training, research, policy analysis and advocacy regarding human rights.
In this case, concerning the failure of the Mental Health Board to conduct a review of the involuntary treatment of a patient under the Mental Health Act, a number of very significant issues arose in relation to the Charter: 1. Does the Charter apply to the proceeding and, if so, how? 2. Is the Board a ‘public authority’ and / or a ‘court or tribunal’ for the purposes of the Charter? 3. How does the Charter apply to the Board when hearing matters? 4. Is the Board required by the Charter to ensure a ‘fair hearing’? 5. What are the obligations of the Board and its staff as public authorities? 6. What Charter rights are engaged by involuntary mental health treatment? 7.What is the scope of the Charter obligation to interpret legislation consistently with human rights? 8. How should s 30(4) of the Mental Health Act be interpreted and applied in light of the Charter? ... Full Story >
