MHT Representation Scheme

Purpose

The Scheme provides representation for mentally ill patients appearing before the Mental Health Tribunal (MHT). Prior to December 2003, patients appearing before the MHT were unrepresented at a time when major decisions about their liberty and life choices were being decided.

Background

In 2003, funding was provided by Mental Health Services to commence representations in the Hobart area. In August 2004 additional funding enabled a Coordinator to be employed to oversee the development of the Scheme.

By June 2005 the Scheme was statewide. This meant that, for the first time, every person appearing before the MHT in Tasmania was able to be offered representation. Representation was no longer simply a right but also a reality.

Between December 2003 and the end of 2008 over 1000 people have been offered representation. In the same period over 500 people have participated in the volunteer training program and received the Certificate of Skills and Awareness in Mental Health; more than 400 of these people have completed the full two-day training.

The training is held annually in each region. In Hobart the training is limited to the Legal Practice trainees and to the Law School undergraduates. However, in Launceston and Burnie the training is open to the community. The north and north-west training is usually held in April/May.

The mission of the scheme is to provide patients with competent, free representation before the MHT which reflects the therapeutic jurisprudential approach to administrative law.

In December 2005 the MHTRS received a Human Rights Award for Humanitarian Services.

Training for volunteers

We are currently planning the 2011 training and dates will be available late March.

Download training information here:


The MHTRS offers training that provides participants with an awareness of the current mental health issues and barriers the mentally ill experience from service providers, teaches the skills helpful for future professionals in providing better service to the mentally ill, and trains people committed to volunteering their services as Representatives to mentally ill persons appearing before the MHT.

The content of the training informs participants of the common mental illnesses and gives an understanding of the behaviours associated with mental illness, and the difficulties persons with a mental illness face in society. It also provides information about the relevant Tasmanian legislation and the MHT, and it offers strategies to best represent patients at MHT hearings.

The goals of the training are:

  • to increase the awareness of participants about mental illness and the issues faced by people with mental illness
  • to provide a good level of understanding for participants in how to best work with people who have a mental illness
  • to offer assistance to participants in gaining employment due to the increased knowledge and skills of issues surrounding mental health
  • to provide initial training for those who wish to continue on to the MHTRS and actively represent clients in appearances before the MHT.

The training is delivered in two parts:

  1. The Skills and Awareness Certificate
  2. Intensive tutorial and practical skills

The first part may be undertaken without any obligation to continue. The content focuses on understanding stigma and discrimination and the intentional and unintentional barriers that arise based on the labelling of mentally ill individuals. The participant will learn skills in how to better communicate with their client and they will cover occupational health and safety. Participants will receive a Certificate of Participation on completion which will be helpful in obtaining future employment.

The second part consists of more specific practical skills and knowledge, expanding on the content of the first part. It focuses on the standards and skills necessary for Representatives to provide competent representation before the MHT. A manual is provided, covering the course.

Participants who complete the second part of the training will then be able to represent clients before the MHT. While the role of the Representative is autonomous during the hearing, Representatives will be fully supported before and after the hearing. Professional development is an ongoing process offered through the Scheme.

The training is free, and available to all people who meet the selection criteria.

Volunteer selection criteria

Volunteer Representatives must have a commitment to ensuring that the rights of the mentally ill are respected.

Volunteer Representatives must be prepared to undertake the necessary training for inclusion in the Scheme.

Volunteer Representatives require the confidence to speak, and represent their client’s interests, before the MHT.

Volunteer Representatives must have the appropriate communication skills to work effectively with clients, members of the MHT, doctors and other stakeholders.

Volunteer Representatives should have a level of maturity and sufficient life skills to appreciate the difficult issues associated with mental illness, and working with clients that have a mental illness.

Interested?

Please contact Diane Sharman on 6224 2240 to discuss your interest in the scheme.

Supported by the Tasmanian Government – Department of Health and Human Services, Mental Health Services.

Funded by the University of Tasmania's School of Law.

The Mental Health Tribunal

The Scheme is a partnership between ATI, the Mental Health Tribunal, the University of Tasmania School of Law, Mental Health Services and the Centre for Legal Practice.