Mental Health

Charter Promotes and Protects Rights of Person with Disability (20 July 2011)

P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011) Summary In this case, the Supreme Court of Victoria held that the Victorian Civil and Administrative Tribunal had both failed to interpret law consistently with human rights and had itself failed to act compatibly with human rights in appointing [...]

Mental Health: Submission on Mental Health Bill Exposure Draft (Vic) (17 Dec 2010)

In November 2010, the Victorian Department of Health released an Exposure Draft of the Mental Health Bill 2010 for public comment.  The current Mental Health Act 1986 (Vic) is more than 20 years old and reflects an outdated and inappropriate approach to the care and treatment of people with mental illness. The HRLRC has made [...]

Inquest into Police-Related Death: Submissions to Coronial Inquest into Police Shooting of 15 Year Old Boy (22 Oct 2010)

On 19 October 2010, the coronial inquest began into the death of 15 year old Tyler Cassidy, who was shot by Victoria Police in December 2008.  The Human Rights Law Resource Centre has intervened to provide the Coroner with assistance on the relevance of the Victorian Charter to the proceeding. The HRLRC’s submissions in the proceeding [...]

Universal Periodic Review: Joint NGO Report on Australia (12 July 2010)

Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011. A coalition of 68 NGOs - coordinated by the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres - has submitted a 5 page Report to the UN Human Rights Council [...]

Right to Health: UN Special Rapporteur Releases Report on Australia – Focus on Indigenous Health and Detainee Health (4 June 2010)

On 3 June 2010, the UN Special Rapportuer on the Right to the Highest Attainable Standard of Health, Anand Grover, released his final report following a mission to Australia in November and December 2009.   The report focuses on the standard of living and quality of health care and health services for Aboriginal and Torres [...]

Taser Expansion May Harm the Vulnerable (25 Feb 2010)

The announcement that Victoria Police will conduct a trial to roll-out Tasers to all uniformed and traffic management police in Bendigo and Morwell leaves vulnerable groups at risk of greater harm. “This announcement reflects the race to the bottom in the Victorian Government’s pre-election law and order agenda. We are seeing good, evidence-based policy being [...]

Right to Health: Briefing Paper on Australia to UN Special Rapporteur on the Right to Health (Sept 2009)

In September 2009, the HRLRC prepared a Briefing Paper on Health and Human Rights in Australia for the UN Special Rapporteur on the Right to Health, Anand Grover, in advance of his country mission to Australia in November and December 2009. The Briefing Paper considers a range of issues regarding realisation of the right to [...]

Mental Health: Kracke v Mental Health Review Board & Ors (April 2009)

VCAT Makes Declaration of Breach of Human Rights in Major Charter Test Case On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a much anticipated decision which discussed in detail important aspects of the application and operation of the Charter.  The case concerned the compulsory medical treatment of [...]

Mental Health: Submission to Review of Mental Health Act 1986 (Vic) (Feb 2009)

On 8 May 2008 the Minister for Health announced a review of the Mental Health Act 1986 (Vic).  In December 2008 a Consultation Paper designed to stimulate discussion and raise key issues was released.  This submission by the Human Rights Law Resource Centre, Dignity, Equality, Freedom and Respect: A Human Rights-Based Approach to Mental Health [Word] [...]

Mental Health: Submission on Review of Victorian Mental Health Strategy (July 2008)

In May 2008, the Victorian Government Department of Human Services commenced a broad review of mental health services. People with mental illness in Victoria experience discrimination within society and the health care system which causes significant social disadvantage.   The review aims to shift focus from a response based on illness and acute intervention to one [...]

Mental Health: Michael David Jones v R – Relevance of Human Rights to Sentencing of Prisoner with Mental Illness (Oct 2006)

On 19 October 2006, in conjunction with Victoria Legal Aid and Chris Boyce of Counsel, the Centre made submissions to the Victorian Court of Appeal in an appeal against sentence.  The submissions pertained to the relevance of international human rights standards to the sentencing of a person with a mental illnedd. MDJ was diagnosed with chronic [...]