Mental Health Legal Centre Inc.
Guardianship & Administration
MHLC Case-studies and media releases
Client's rights vindicated: An administration order should never be used to enforce psychiatric treatment
The MHLC's client, Patrick, recently succeeded in an appeal against the Victorian Civil and Administrative Tribunal's appointment of an administrator which would have forcibly sold our client's home. The sale of Patrick's home would have meant he would have to live in supported accommodation in a hostel, where it would be easier to enforce his psychiatric treatment. The decision of the Victorian Supreme Court, referred to as Patrick's case, emphasises the rights of people with mental illness to have their autonomy respected and to be be treated on an equal basis with others.
Read the MHLC's Media release (21 July 2011)
Read our letter to the editor in The Age (22 July 2011) - either online (html format) or print version (pdf)
Read the full decision: PJB v Melbourne Health & anor (Patrick's case [2011] VSC 327 (19 July 2011)
Review of guardianship laws
The Victorian Law Reform Commission (VLRC) is conducting a review of Victoria's Guardianship and Administration Act 1986, including powers of attorney. The terms of references have also asked the VLRC to look at the interaction between these laws and mental health laws.
These laws are important for anyone who, through intellectual disability, mental illness or ageing, might be in a position where they are not able to make all of their own decisions or manage their own affairs. The VLRC published an Information Paper in 2010 and a Consultation Paper in 2011, containing proposals for reform of the law.
Read the MHLC's submissions to the Information Paper:
- MHLC submission to the information paper - guardianship (May 2010, pdf 384 kb)
Read the MHLC's submission to the Consultation Paper and Appendices (separate links below).
We called for enforceable advance directives, recognition of person-appointed supporters and greater respect for a person’s wishes, more accountability and review options where there are substitute decision-makers. We also highlighted concerns about the inconsistency of mental health laws.
- MHLC's submission to the Consultation Paper (word doc. excludes appendices - see below)
- Appendix 1 - MHLC's consumer consultation report (pdf) - based on our consumer forum held 16 May 2011 & other consultation
- Appendix 2 - ME's Sample advance directive (pdf doc)
Further information:
More information about the Review, including copies of the VLRC's Information Paper and Consultation Paper can be obtained by calling the Victorian Law Reform Commission on
1300 666 555 or from the Commission’s website: www.lawreform.vic.gov.au. Papers are available in summary and Easy English versions, and in other languages.
