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Strategic campaigning – lessons learnt
Using test cases / litigation to advocate for systemic change
Catherine LeslieLawyer and policy officer
Why use litigation?
Case studies are powerful illustrations
Core work as legal services – links with policy/law reform
Shine a light in dark places – a ‘stick’ to make agencies/public authorities improve practice
Building capacity of the CLC, and empowering for others in client group
MHLC’s experience – key casesBreach of right to a fair hearing for failure to review involuntary psychiatric treatment for over 2 years; test case on Victorian Charter• Kracke v Mental Health Review Board & Ors (General) [2009] VCAT
646 (August 2009)
Vindication of client as ‘fit and proper’ person to drive a taxi, despite his forensic psychiatric history• Director of Public Transport v XFJ [2011] VSCA 302 (11 October 2011)
Preventing forced sale of our client’s home affirmed his right to choose where to live and confirmed that Administration Orders cannot be used to compel psychiatric treatment• PJB v Melbourne Health & anor (‘Patrick's case’) [2011] VSC 327 (19
July 2011)
Identifying test case / strategic litigation?
Strong casework base to draw from
Aligns with objectives of CLC
‘Accidental’ test case vs planned campaign
Resources
Limited resources at CLC- Running of case- Other aspects of law reform work
MHLC’s experience- Use of pro bono counsel – PILCH- CLC lawyers run the case – builds capacity- Flexible in practice, incl. pro bono
representation scheme
Media
Using media
Promote outcome of decision – broad impactHumanise problem and re-focus community/media debateDifficult to counter prevailing attitudes & prejudice
MHLC case studies – privacy critical- Sensitive nature of health and person information- Stigmatising attitudes to people with mental illness
in community and media- Case by case basis
Using case studies
Ongoing law reform work – identified law reform issues and others
De-identify client and relevant health service
Sharing knowledge in sector – empowering other advocates, peak bodies, consumers
Reflections and learnings
Managing client’s expectations of outcome, process, mediaNeed to be flexible
Opportunities:- Effective & efficient ways of identifying test cases- Media capacity & presence- Improve planning and coordination across
casework, law reform and education activities
For more information incl. accessing materials:
www.communitylaw.org.au/mentalhealth or tel: 9629 4422
Catherine Leslie – [email protected]/mentalhealth