MENTAL HEALTH LAW CENTRE (WA)
INC
AnnualReport
2004/2005
1
Table of Contents
ABOUT THE MENTAL HEALTH LAW CENTRE .........................................................2
ACKNOWLEDGEMENTS .............................................................................................3
CHAIRPERSON’S REPORT.........................................................................................4
COORDINATOR’S REPORT ........................................................................................8
TREASURER’S REPORT ...........................................................................................10
COMMITTEE (BOARD) OF MANAGEMENT 2004/2005 .........................................11
STAFF ..........................................................................................................................12
SERVICES ...................................................................................................................13
ACHIEVEMENTS……………………………………………………………………… 14
STATISTICS ................................................................................................................17
VOLUNTEERS’ REPORT ...........................................................................................23
FINANCIAL REPORT 2004/2005………………………………………………………24
INDEX…………………………………………………………………………………….25
STATEMENT OF MEMEBERS OF THE BOARD OF MANAGEMENT ....................26
INCOME AND EXPENDITURE STATEMENT………………………………………..27
BALANCE SHEET..…………………………………………………………………… 26
NOTES TO THE FINANCIAL STATEMENT..…………………………………………28
INDEPENDENT AUDIT REPORT…………………………………………………… 29
2
ABOUT THE MENTAL HEALTH LAW CENTRE
The Mental Health Law Centre is an independent non-Government community
organisation. It is incorporated under the Associations Incorporation Act 1987 (WA)
and is a specialist community legal centre and is part of the network of Community
Legal Centres established throughout Western Australia and Australia. The Law
Centre was established in 1997 and commenced operating at the same time as the
Mental Health Act 1996 (the Act) was proclaimed (in November 1997).
Statement of Purpose
The Mental Health Law Centre works from the principles of: The empowerment of mental health consumers and the involvement of
consumers and the community.
 Specifically to promote justice for consumers through legal advice, advocacy,
education and law reform.
Underlying Principles
The Mental Health Law Centre seeks to:
 Promote consumer choice
 Uphold the human rights of consumers
 Redress the wrongs perpetrated against consumers
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ACKNOWLEDGEMENTS
The Mental Health Law Centre wishes to acknowledge the following for their
contributions to the Centre:
Funding Support
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Department of Health Western Australia
Legal Aid Western Australia
Public Purposes Trust Fund (Law Society WA)
Town of Vincent
Donations
The Mental Health Law Centre would like to thank all those people who gave
donations in 2004/2005.
General Support
The Mental Health Law Centre also receives support from numerous individuals and
agencies who contribute to our efforts to deliver effective, professional and
appropriate services to consumers of mental health services and other clients. We
are appreciative of the assistance we receive from:
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Community Legal Centres Association of Western Australia,
Western Australian Association of Mental Health,
Health Consumers’ Council,
Legal Aid WA,
individual community legal centres, and
the many non-government mental health organisations.
We also acknowledge the support and assistance of individuals within Government
agencies and mental health services who work with the Mental Health Law Centre in
a cooperative way.
Volunteer Support
The Mental Health Law Centre acknowledges the enormous and significant
contribution made by the volunteers who participate in many ways in the work of the
Centre. Volunteers at the Law Centre include consumers, students, professionals
and other interested members of the community.
4
CHAIRPERSON’S REPORT
I am pleased to report to the members of the Mental Health Law Centre about
the 2004/2005 year, on behalf of the Committee of Management.
A large majority of the Committee, including myself, were newly elected at the
AGM a year ago. As a result, we needed to quickly familiarise ourselves with the
operation of the Centre and with the issues that needed to be addressed. That
achieved, we have been able to prioritise matters, as well as deal with the kinds
of things which inevitably crop up in any organisation and require attention, such
as funding problems and the recruitment of replacement staff members following
resignations.
In a moment I will briefly outline some of the topics that seem to me to be the
most important dealt with by the Centre and the Committee during the last 12
months.
Staff and volunteers
But first I want to record the appreciation of the Committee for the work
undertaken by all staff and volunteers during the last year. The work of the
Centre in its nature is demanding in a number of ways. It can be complex and
time-consuming. Inevitably it is emotionally fraught. It has at its core the
protection of basic human liberties, in a much starker way than does “ordinary”
legal practice. This is most obviously true of the representation of clients before
the Mental Health Review Board, where detention for significant periods, and the
forced administration of intrusive treatment is at issue. But it is also true of cases
where clients have been charged with criminal offences, and of litigation in the
Family Court, dealing for example with disputes concerning with which parent or
other person a child should reside, or what contact that child should have with a
parent.
While the Centre is a community legal centre, and shares a number of
difficulties, such as funding, with other CLCs, the issues at stake for clients and
the strains on staff are of a different order than would be the case with any other
CLC in this State. Thus, any comparison between the demands placed on the
staff and volunteers of the Centre, and those put on any other legal practice
which I can contemplate, is an unfair one.
In each of the contexts I have mentioned, it falls to staff to not just effectively and
sensitively assist and represent clients on the detail of the particular dispute, a
task which is challenging enough in any case, but to ensure also that the court
or tribunal is properly aware of the personal, social, medical and legal
dimensions of the client’s mental health experience.
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Not only is the work of the Centre challenging (and correspondingly rewarding),
but it is unglamorous, unheralded (indeed, almost invisible), and poorly
remunerated.
It is for all these reasons that I take this opportunity to record clearly our great
appreciation of the unstinting and excellent efforts of our staff and volunteers,
both present and past, during the last twelve months.
A particular mention should be made of the long and much-appreciated service
of Paula Parentich, including as Coordinator/Principal Solicitor. Paula
demonstrated a very strong commitment to working effectively for her clients
and improving the effectiveness of the Centre as a whole, including by obtaining
the necessary further funding to enable the assistance of clients across a range
of issues and courts. The expansion of the Centre’s funding and of its work in no
small measure are due to her efforts.
Similarly, I would like to acknowledge the outstanding efforts of Evelyn Yuen,
who took over from Paula as Principal Legal Officer earlier this year, and who
carried out those duties as well as her existing ones with good cheer.
Jeff Immerman commenced during the year as Coordinator/Principal Solicitor,
and Phillip Kelly as Senior Solicitor.
The Committee (Board) of Management
Members of the Committee have learned and worked well together, and I thank
them, on behalf of all of the members of the Centre.
Meetings occur usually after normal business hours, but sometimes within them.
They compete with employment requirements, other voluntary or community
commitments, and personal and family life. It is no small effort by each
committee member to take part in the Committee’s discharge of its
responsibilities regarding the work of the Centre.
Particularly I would like to thank Michele Kosky, the Deputy Chairperson, and
Phillip Schmaal, the Treasurer, for their reliability, their wisdom and their good
sense which they have shared with the Committee.
Funding
I gratefully record the Centre’s appreciation of the grant of funding from the State
Government, which commenced from 1 July 2004, to enable the Centre to
conduct a comprehensive, holistic and integrated legal representation casework,
legal advice, information and referral service in addition to its like service relative
to the Mental Health Act 1996. This funding comes about as part of the initiative
of the Hon Jim A. McGinty, Attorney-General, to provide ongoing and cohesive
funding by the State of community legal centres. It is administered by the Legal
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Aid Commission, with which the Centre has a strong working relationship. This
stream of funding also incorporates the funding which in previous years had
been provided by the State Health Department. In this regard, it may be no bad
coincidence that Mr McGinty is both the Health Minister and the AttorneyGeneral.
The previous grant from the Law Society Public Purposes Trust expired on 30
June 2005 and currently we receive nothing from that source. A fresh application
has been made, for the period 2006/2007 but it has to be realised that PPT
funding is always unpredictable.
The Committee is currently considering making approaches for funding and
perhaps other assistance from some of the larger law firms.
Premises
The Centre relocated to its new business premises in September 2004. The new
premises are bright and airy and represent a vast improvement on the previous,
in particular in terms of size of individual offices, amount of storage space,
computer, airconditioning and parking facilities, to name but a few of the inherent
benefits thereof. The relocation was celebrated by a morning tea launch on 25
November 2004, an occasion which was attended by numerous dignitaries,
among them the Attorney General and the Chief Justice.
Mental Health Review Board
As from the beginning of this year, the Board has a new President (who is the
only full-time member). This is Mr Murray Allen, a former Member of the
Commonwealth Administrative Appeals Tribunal, and currently also a Senior
Member of the State Administrative Tribunal.
The MHRB is now located in the same building as the SAT, and I understand
that they share some staff, facilities and (I hope) training.
Shortly after his commencement, Mr Allen met with Centre solicitors, and me,
and in discussion demonstrated his intention to depart from many of the
procedures and policies of the Board under its former President that had most
concerned the Centre. Feedback since then about the Board’s operations has
been quite positive. I intend to maintain dialogue with Mr Allen and the Board.
State Administrative Tribunal
The SAT commenced operations at the beginning of the year. It is an important
advance in making available to the citizen a means of reviewing, effectively and
relatively informally, a wide range of decisions of State government departments
and agencies.
Decisions of the Board can be reviewed by SAT. The Centre has represented
several clients who have sought such reviews, but none has proceeded to a
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hearing. Having taken part myself, with Evelyn Yuen, in a directions hearing on
one of those matters, I consider that there are some problems with the approach
being taken by SAT; however, further cases may assist in teasing out and
hopefully resolving some of these problems.
I thank you for the opportunity to serve on the Committee of the Centre.
Stephen Walker,
Chairperson
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COORDINATOR’S REPORT
As a preface to this report I must commence by issuing the following words of caution
and qualification. I have been with the Mental Health Law Centre (“the Centre”) as
Coordinator/Principal Solicitor for practically only the last month of the year under
review. I am consequently devoid of any significant personal knowledge of the
activities, achievements, challenges, events and relevant statistics of the Centre
pertaining to the year and considerable reliance has therefore had to be placed for
my reporting both here and elsewhere in this 2004/2005 Annual Report on
information which, during my short sojourn with the Centre, I have gleaned from
others at the Centre and from documents and computer records and which is
accordingly hearsay in nature.
The hallmark of the year in question has undoubtedly been the great metamorphosis
which has taken place in the Centre’s staff composition. On the loss side the year in
question has regrettably seen the departure of Paula Parentich, the Centre’s
erstwhile Coordinator/Principal Solicitor, of Andrew Mackey, its Senior Solicitor and of
Evelyn Yuen, its solicitor/trainer. Each of them has moved on to new positions in the
WA legal world and the Centre wishes each one of them every success for the future
and thanks them respectively for their valuable contributions to Centre. On the gain
side the Centre has been fortunate during the year to obtain the services of an
experienced lawyer of many years standing, Phillip Kelly, as locum, to fill the gap as
Senior Solicitor and myself as Coordinator/Principal Solicitor, following the lengthy
acting caretaker ship of this role by Evelyn Yuen. The only legal staff constants in this
year of change have therefore been the Centre’s remaining solicitor, Craig Edwards
and its articled clerk Daniel Loreck.
Another development of major significance to the legal work of the Centre during the
year under review has been the coming into operation in Western Australia, in
January 2005, of the State Administrative Tribunal (“the SAT”) pursuant to the State
Administrative Tribunal Act No 54 of 2004 (“the Act”). SAT matters are divided into
four streams, importantly amongst which is human rights – an area which lies at the
heart of the work of the Centre. Included in its operations in this area the SAT has
original jurisdiction to consider and make decisions in matters that affect vulnerable
people in the community in relation to guardianship and administration. Much of the
Centre’s compass of work has in the past been the rendering of service for mental
health consumers in this vital area of guardianship and administration before the
Guardianship and Administration Board and following the advent of the SAT such
service by the Centre will continue before this new Tribunal. Under the Act the SAT
has also been granted review jurisdiction, which will encompass inter alia reviews of
decisions of the Mental Health Review Board (“the Board”). Much of the Centre’s
compass of work is also devoted to representation of mental health consumers
before the Board and the opening up by the Act of this new avenue of review by the
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SAT of the decisions of the Board is welcomed and will expand the area of service
delivery by the Centre in appropriate cases. The SAT has also been given the
jurisdiction, under amendment to the Mental Health Act 1996 (Section 148E), to
determine, on application by the Board, questions of law which arise in proceedings
before the Board. This grant of jurisdiction to the SAT is likewise welcomed by the
Centre.
In conclusion I wish to thank all the staff of the Centre, both legal and administrative,
and both present and past, for all their input and contribution to the continued
operations and success of the Centre over the year under review and in particular
also to volunteers and members of the Centre’s Management Committee who have
unselfishly given of their time and energies to the promotion and furtherance of the
Centre’s cause.
Jeffrey Immerman,
Coordinator/Principal Solicitor
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TREASURER’S REPORT
The financial results for the year ended 30 June 2005 represent a very sound
outcome for the Mental Health Law Centre (WA) Inc.
As is not uncommon across many organisations within the community services
sector, the demand for services from our constituents far exceeds the level of
services we are funded to provide. It is therefore crucial that we make every
endeavour to maximise the services the Centre can deliver by exercising sound fiscal
management within an environment of very limited resources.
In most corporations financial success is measured by the size of the operating
surplus and the strength of the Balance Sheet. In the not-for-profit sector, large
operating surpluses and very strong balance sheets may suggest the organisation is
failing its constituents by building reserves that could perhaps otherwise better serve
the community in providing new programs and improved service delivery. On the
other hand, over-expenditure and failure to preserve the organisations asset base
against the ravages of inflation jeopardise the financial sustainability of the
organisation and put at risk its ability to continue to provide much needed services
into the future.
As indicated, we believe the financial results as presented within the attached audited
accounts, and which include a small operating surplus, represent a very responsible
approach which will ensure the Centre, with the ongoing support of Legal Aid and of
the community, has the base to continue to provide services in the years ahead.
A number of financial and statutory reporting procedures were reviewed over the past
twelve months, which resulted in tighter and improved compliance measures being
implemented. Efficiency gains were achieved through the outsourcing of staff salary
packaging administrative arrangements to STeP Management Services Pty Ltd.
(Capped exemptions from Fringe Benefits Tax for certain charities makes salary
packaging a very attractive option for organisations such as MHLC(WA) whereby the
value of the total salary package offered to the employee exceeds the cost to the
organisation. This helps the organisation attract quality professional staff by offering
remuneration packages more closely in line with market rates without incurring the
full equivalent cost of the salary package.)
The Centre could not achieve its objectives without the support and efforts of its staff
and volunteers. I would specifically like to acknowledge and thank Jeff Immerman
(and his predecessor Paula Parentich) Evelyn Yuen and Bozena Guzewicz for their
contributions and efforts in dealing with the many operational management issues
and their valued and significant contributions to the Finance Sub-committee.
Phillip Schmaal,
Treasurer/ Chair Finance Sub-committee
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Committee (Board) of Management 2004/2005
The Centre’s Management Committee for the year has been comprised of volunteers
elected from the members of the Centre, namely:-.
Office Bearers
CHAIRPERSON
Stephen Walker
DEPUTY CHAIRPERSON
Michele Kosky
SECRETARY
Dianne Scaddan
TREASURER
Phillip Schmaal (co-opted)
Members without office
Judy Allen (resigned in January 2005)
Maria Fifield (Consumer Position)
Tony Fifield
Sean Harrold (Consumer Position)
Shelley Lawtas (Consumer Position)
Cushla Leech ( co-opted – resigned February 2005 )
Paula Parentich (staff representative until March 2005)
Evelyn Yuen (staff representative from March to May 2005)
Jeffrey Immerman (staff representative June 2005)
Auditor
Bentleys MRI Perth PTY Ltd (formerly Hall Chadwick)
Chartered Accountants
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Staff 2004/2005
Coordinator/Principal Solicitor
Paula Parentich (resigned March 2005)
Evelyn Yuen (Acting Coordinator/Principal
Solicitor from April to May 2005)
Jeffrey Immerman (from late May 2005)
Senior Solicitor
Andrew Mackey (resigned May 2005)
Phillip Kelly (locum from 27 April 2005)
Solicitor
Craig Edwards
Solicitor- Trainer
Evelyn Yuen (November 2004 to June
2005)
Community Educator
Paul Duschka (July 2004 to June 2005)
Paralegal Worker
Daniel Loreck (until December 2004)
Articled Clerk
Daniel Loreck (from December 2004)
Administration/Reception Officers
Paul Duschka
Maria Donohoe
Administration Manager
Bozena Guzewicz
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SERVICES OF THE LAW CENTRE
The services of the Mental Health Law Centre in 2004/05 were as follows:

Legal advice and representation (casework) in relation to mental health
consumers with involuntary status under the Mental Health Act 1996. This
includes representation at review hearings before the Mental Health Review
Board and in appeals to the Supreme Court of WA and reviews before the
State Administrative Tribunal.

Legal advice and representation (casework) to mental health consumers on
criminal law, guardianship and administration matters, family law matters,
employment law and discrimination law matters, Criminal injuries
compensation matters and minor civil matters

Short contact legal advice, information and referrals (non-casework) to mental
health consumers and members of the community (including carers, support
groups, other non-government organisations), on other problems connected
with mental illness.

Community legal education on the Mental Health Act 1996 and other mental
health legal issues, to mental health consumers, carers, their support groups,
non-government organizations, the legal profession, law students, including
education sessions and information kits.

Law reform and policy work with the aim of addressing the rights of people
with a mental illness.

Publications – The Law Centre continues to develop publications for
distribution to all authorised hospitals. These include the “Patients’ Rights
Guide to the Mental Health Act 1996” and newly developed “Information
Sheets” on specific mental health legal issues.

Website -The Mental Health Law Centre has developed its own websitewww.mhlcwa.org.au
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ACHIEVEMENTS
SUMMARY OF THE ACHIEVEMENTS OF THE CENTRE FOR THE YEAR
AGAINST THE OBJECTIVES SET OUT IN ITS COMMUNITY LEGAL SERVICES
PROGRAMME (“CLSP”) PLAN AND DESCRIPTION OF THE SERVICES
PROVIDED BY THE CENTRE AND ACTIVITIES IN WHICH IT HAS BEEN
ENGAGED
In this and the following sections of my report I must perforce repeat the cautionary
and qualifying remarks which I made at the outset of my Coordinator’s Report herein.
As further qualifications it needs also to be mentioned that when adjudging the
achievements of the Centre against its projected targets for the year, a number of
factors both cumulatively and/or individually may be responsible for statistical
inaccuracies and/or performance shortfalls of the Centre. I list these factors
hereunder as follows, though there may well be others:
1.
2.
3.
4.
deficiencies and design flaws in the existing data capturing system of the
Centre (Thus to give but one example hereof it appears that what has
been recorded on the data system as “advice” and “advice and referrals”
may really all be advice and that much of what has been recorded on the
data system as “ information and referral” may also really be advice and
that what has been recorded on the data system as “ no action” and “
“referral” respectively would be at least information but might in part
constitute advice. Hopefully the installation and operation of the new data
system, CLSIS, will improve the situation for the future);
deficiencies in the data entry procedures employed during the year at the
Centre;
the considerable movement, change and loss of Centre staff which
occurred during the year;
the disruption to the Centre’s operations which occurred before, during
and after the Centre’s move to new premises during the year;
It may also be that the projected targets for the Centre were overambitiously
exaggerated or that actual demand levels made upon the Centre for its various
services did not match or reach the estimated projection level.
In terms of its Community Legal Services Programme (“CLSP”) Plan the Centre set
out to achieve the following objectives:
1.
To reduce the unmet need for legal services among people with mental
illness through providing a comprehensive holistic and integrated legal
representation casework service;
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2.
3.
4.
5.
6.
7.
8.
To reduce the unmet need for legal advice and information among people
with mental illness through providing a comprehensive holistic and
integrated legal advice and information service;
To provide information, advice and referral to non government mental
health service providers in matters of law involving consumers with mental
illness;
To provide information, advice and referral to other community legal
services and the private profession in relation to their clients with mental
illness;
To seek out and expand referral options for people with mental illness
whose needs are outside the scope and resource capacity of the Centre;
To provide professional placements to students in law, nursing and mental
health;
To continuously improve the capacity of the service through developing
staff skills and expertise in mental health law;
To further develop and maintain networks and collaborative relationships
at Community, State and National level to promote coordination and
improve access to justice for people with mental illness.
In relation to these objectives, the performance of the Centre appears as follows:
With respect to Objective 1, the Centre has during business hours on weekdays
over the year under review, through its solicitors, effectively provided a well
serviced legal representation and casework service facility. In delivering such
service the Centre’s solicitors have attended most Perth Metropolitan Courts and
hospitals, the Mental Health Review Board, Guardianship and Administration
Board ( now the State Administrative Tribunal), Courts of criminal jurisdiction and
other relevant Courts and Tribunals.
With respect to Objective 2, the Centre has during business hours on weekdays
over the year under review effectively provided a well serviced legal advice and
information service facility for mental health consumers - through its reception
staff, volunteers, paralegals and solicitors of a telephone information and referral
service and through its solicitors of a telephone, outreach and face to face advice
service.
With respect to Objective 3, the Centre has during business hours on weekdays
over the year under review effectively provided for non government mental health
service providers, a well serviced legal advice service facility in matters of law
involving consumers with mental illness. The facility is staffed by the Centre’s
solicitors and is accessible for such advice both by telephone and face to face
(under appointment). It must be noted however that the Centre appears only to
be called upon infrequently to provide such face to face appointments.
With respect to Objective 4, the Centre has during business hours on weekdays
over the year under review effectively provided, for other community legal
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services and the private profession, an information, referral and advice service
facility - through its reception staff, volunteers, paralegals and solicitors of a
telephone information and referral service and through its solicitors of a telephone
and face to face (under appointment) advice service.
Specifically with regard to attainment of Objectives 1,2,3 and 4 it must be noted
that the Centre’s total number of representative appearances and likewise its total
number of service provision by way of information, referral and advice does not
appear to have quite reached projected target levels therefore, though this may
be explicable on any one or more of the bases already set out above.
With respect to Objective 5, the Centre has during the year under review
effectively met this objective through its establishment, maintenance and review
of a referral register of other community legal services, which is well used by its
reception staff, volunteers, paralegals and solicitors as a source of appropriate
referrals for persons whose legal needs are outside the scope and resource
capacity of the Centre. The Centre has met this objective further through its
development of a panel of private practitioners for pro bono work as a source of
appropriate referrals for such persons.
With respect to Objective 6, the Centre has during the year under review
effectively met this objective by way of the development and maintenance of its
network with tertiary institutions and vocational colleges and its consequent
placement with the Centre of law and social work students from Universities (WA
and NSW) to assist the Centre in paralegal and reception duties, as measured by
the number of such placements.
With respect to Objective 7, the Centre appears during the year under review to
have effectively met this objective by way of its development of staff skills and
expertise in mental health law through the provision of education and professional
support and utilisation of its $3500 budget for professional development activities.
With respect to Objective 8, the Centre has during the year under review
effectively met this objective by way of its attendances (in person and/or telelink)
of meetings with government and non-government organisations operating in the
fields of mental health and disability, by way of its attendances of and
participation in community forums on mental health and by its attendances of
State and National conferences of the Association of Community Law Centres.
Jeffrey Immerman,
Coordinator/Principal Solicitor
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STATISTICS
STATISTICS IN RESPECT OF LEGAL ADVICE, INFORMATION, REFERRALS
AND CASEWORK (REPRESENTATION) SERVICES RENDERED BY THE
MENTAL HEALTH CENTRE IN THE PERIOD 1 JULY 2004 TO 30 JUNE 2005
(a) Hours of Operation of the Mental Health Law Centre
The Mental Health Law Centre conducted its operations over the entire twelve month
period constituting the year under review save that:
1. It moved to new premises over the period 25 August to 10 September 2004
during which its operations were totally suspended and that for some short
period of time both prior to and after such move there was considerable
disruption to its operations on account thereof.
2. It was closed for 3 days between Christmas and New Year.
It is estimated that the Centre’s total hours of operations was of the order of 1837.50
hours.
(b) Advices undertaken and Number of Files Opened and Closed
The data system records the following;
Service
Count
Advice
357
Advice and referral
203
Information
155
Information and referral
121
No Action
140
Referral
253
In respect of case files opened and closed the data system records 325 case files
opened during the year and 287 closed.
Note however the cautionary remarks made in Section on Achievements above with
regard to the data system.
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In respect of casework/ representation services the data system records the
following:
Type of Representation
Mental Health Review Board
Count
137
In respect of representative appearances by the Centre’s solicitors in Courts, Boards
and Tribunals (other than the Mental Health Review Board) a manual survey of the
Centre’s diary has indicated 151 such appearances.
(c) Duty Lawyer Services and Number of Files Opened and Closed in Relation
Thereto
By arrangement with the newly established State Administrative Tribunal, the Mental
Health Law Centre undertook the conduct of a Duty Lawyer Service for directions
hearings on a one month trial basis in respect of review proceedings of the State
Administrative Tribunal in respect of Mental Health Review Board matters. Under the
arrangement the duty lawyer service did not include the conduct of casework and
was restricted to representation in directions hearings only. Consequently no ongoing
casework files were opened/closed in respect of these matters.
(d) Community Legal Education
In the year to end June 2005 the Mental Health Law Centre was engaged in the
conduct of presentations on mental health legal issues to community bodies and
persons as set out hereunder:














on two occasions to law school students of the University of Western
Australia;
to social work students of Curtin University;
to social work students of the University of Western Australia;
to inpatients at Joondalup Mental Health;
on two occasions to law school students (SCALES Unit) of Murdoch
University;
to volunteers of the Citizens’ Advice Bureau;
to the Health Consumers Council;
to North Metropolitan Occupational therapists;
to clinicians at Graylands Hospital;
to nursing staff at Bentley Hospital;
to staff at Fremantle Hospital;
to social work students of Edith Cowan University;
to North Metropolitan social workers;
to West Australian Association for Mental Health;
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



to the membership of the Mental Health Law Centre, other service providers
and interested parties under the auspices of the Town of Vincent;
to the Flying Doctors and other Medical Practitioners;
to Citizens Advice Bureau;
to Community Forensic Mental Health Service;
(e) and (f) Law Reform and Research
During the year the Mental Health Law Centre conducted research and in connection
therewith:
(i)
(ii)
(iii)
made written and oral submissions, through its then Principal Solicitor, Paula
Parentich, to the Legislative Council Standing Committee on Legislation in
relation to the then proposed mental health jurisdiction of the State
Administrative Tribunal contained in the State Administrative Tribunal Bill
2003 ( WA) and the State Administrative Tribunal ( Conferral of Jurisdiction )
Amendment and Repeal Bill 2003 ( WA );
made written submissions to the Senate Select Committee on Mental Health;
made written submissions to the Supreme Court in testing issues of the
jurisdiction of the Mental Health Review Board to review a decision denying
patient transfer to another hospital and the denial to a patient of a second
psychiatric opinion as well as the issue of patient access to personal hospital
records and the issue of the jurisdiction of the Mental Health Review Board to
deal with treatment issues in matters relating to the status of patients.
(g) Access and Equity
The premises of the Centre in their new location at 33 Brisbane Street, Perth, to
which the Centre moved in September 2004, are easily accessible by mental health
consumer clients, being located on the outskirts of the city centre of Perth, but close
enough to and within an easy walking distance thereof and with considerable nearby
parking and also close to public transport.
A like situation prevailed in respect of the Centre’s previous location at 217 Beaufort
Street, Perth which it occupied prior to its move during the year in question.
Further for ease of communication with clients who are not English speaking it has
been and still is the practice of the Centre to utilise proper interpretation facilities in
order to conduct its services.
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(h) Community Development Work
During the year the Centre participated in and contributed its services (by way of the
provision of a free legal advice facility) in respect of the Law Society’s Law Week
programme and in respect of WAAMH’s Mental Health Week
Moreover as part of its development of work for the community in the field of mental
health law, the Mental Health Law Centre through its solicitors prepared and made
contributions by way of the writing of certain chapters for the loose-leaf legal textbook
entitled “Lawyers Practice Manual Western Australia” – Paula Parentich in respect of
the chapter on Mental Health Act 1996 and Craig Edwards in respect of the chapter
on Guardianship, Administration and Substitute Decision Making.
(i) Volunteer and Pro Bono Work
All of the services of the Mental Health Law Centre for its clients are conducted
without any charge therefore by the Centre and as such in essence classifiable
constitutes pro bono work.
Below is a table of work at the Centre (measured in hours) performed by volunteers
during the year ending 30 June 2005:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Anna Richards
Helen Loreck
Anna Johnson
Courtney Allen
Shaz Naidu
Fai Loh
Melissa Chung
Nina Calogero
Jordyn Rados
Sandra Guzzi
Tim Edwards
Nicola Smith
Jane Genovese
James Yule
Michael Gresham
Emma Kelly
Jane Azzam
Amanada McMaster
Hilda Muinamia
2.50
24.50
45.00
12.00
25.00
36.00
40.50
89.00
30.00
25.00
44.00
43.00
48.00
50.00
31.50
40.50
45.00
24.00
18.00
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20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Richard O’Keeffee
Kim Jennings
Alison Cameron
Amy James
Amy O’Connor
Jodie La Spina
Paul Hill
Nick Cowie
Guan Chou
Fiona Cross
18.00
84.00
67.50
39.00
63.00
22.50
105.00
53.50
84.00
12.00
1223.00
The Centre also enjoyed pro bono support from Matthew Davey by way of his
assistance towards the research for and preparation of the Centre’s written
submissions to the Senate Select Committee on Mental Health.
The Mental Health Law Centre expresses its heartfelt gratitude to those lawyers who
have assisted it with pro bono support throughout 2004/2005.
(j) Training and Student Supervision Provided to and By Staff
This appears to have been comprised of two parts, namely:
(1) 12 January 2005 - an initial intensive two hour induction and
training session of the Centre’s intake of about 23
paralegals/volunteers conducted by staff of the Centre Senior
Solicitor ( Andrew Mackey ), Solicitor Trainer ( Evelyn Yuen ),
Solicitor ( Craig Edwards) and Articled Clerk ( Daniel Loreck ).
The session encompassed essentially the provisions of the UN
Principles for the Protection of Persons with Mental Illness and
Improvement of Health Care 1991, the UN Declaration of the
Rights of the Child 1959, the International Covenant on Civil and
Political Rights 1976 and National Statement of Rights and
Responsibilities 1991, the Mental Health Act, 1996, the content of
the Centre’s publications on Involuntary Patients, Voluntary
Patients, Community Treatment Orders and Psychiatric
Treatment respectively as well as the Centre’s Patient’s Rights
Guide, the salient features of the National Risk Management
Guide on Public Indemnity Insurance, the content of the Centre’s
Paralegal Training Manual and Referral Guide and the Centre’s
Volunteer Manual on Telephone and Reception – accompanied
by handouts of all of these in the form of a packaged information
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kit. The training also included the service allocation system of the
Centre;
(2) On the job training of each individual paralegal/volunteer, who
attended the Centre in half day rostered shifts ( amounting in total
to approximately 20 hours ) under supervision of the Centre’s
then Senior Solicitor, Andrew Mackey.
(k) Source, Extent and Purpose of any Income Received from Other Bodies
In respect of the year under review the Mental Health Law Centre has been the very
grateful recipient of funding from two other bodies, as follows:
The Town of Vincent which gave the Centre a Community and Welfare Grant of
$1500 (One Thousand Five Hundred Dollars) to assist in providing community
education workshops to be held in the Town of Vincent for Service Providers of
people with a mental illness or psychiatric disability;
The Public Purposes Trust which gave the Mental Health Law Centre a grant of
$67989.00
(Sixty Seven Thousand Nine Hundred and Eighty Nine Dollars) to
enable the Centre to provide community legal education and training on mental
health and the law and to improve access of mental health consumers to legal
services.
Jeffrey Immerman,
Coordinator/Principal Solicitor
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VOLUNTEER’S REPORT
My time at the Mental Health Law Centre began in reception where my duties
included photocopying, answering incoming telephone calls, recording mail and
general administrative duties. As I began to learn more about the Law Centre
and the procedures involved my tasks became increasingly complex. My four
and a half hours every Friday morning is now very busy and ever challenging.
From opening files, to helping the solicitors with their legal research, to paralegal
work: my time at the Centre is never dull.
The opportunities I have been afforded has given me an increased
understanding of the Mental Health System and its interaction with the Law.
Being involved with the practical application of the Mental Health Act provides me
with a unique educational experience unprecedented in the academic rigour I
endure throughout the rest of my week. To see the law in practice, rather than
subdivided into elements within my giant text books, offers me great hope that
knowledge will ultimately make a difference.
Along with the legal side of my experiences I have also been afforded the unique
opportunity to interact and communicate with members of our society who face
life with a mental illness. Of course, this incredibly unique experience has only
been accommodated through the patience and kindness of the solicitors and staff
at the Mental Health Law Centre, in particular, Bozena and Evelyn, who never
grow tired of our seemingly endless questions.
My work at the Centre offers me challenges both intellectually and emotionally. I
am able to see the Law as it takes effect within our society and defines the lives
of so many. Overall, it reassures me that a career in Law can offer diverse and
rewarding challenges. Perhaps, one day (hopefully not too far off), the endless
hours of reading and studying will pay off, and I too can make a difference.
Alison Cameron,
UWA student
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