Programme | Fee | Materials | Who should attend | Itinerary | Presenters | Registration details
From the chair
Mental Health advocacy is a unique aspect of legal practice. The type of advocacy required of lawyers with mental health clients is not the purely adversarial kind more typically found elsewhere in the legal system. Lawyers with mental health clients must know and think about their duties to their clients, as they do in the adversarial system, but also preserve the therapeutic relationship those clients have with their clinicians - and this makes the task different and more difficult.
This intensive will consider the legal and medical issues involved in advocacy in this area of law. It will also look at significant aspects of the developing law concerning the complusory mental health assessment and treatment process: the Mental Health (Complusory Assessment and Treatment) Act 1992 has been in operation for some 15 years, and court and Mental Health Review Tribunal decisions abound. All the sessions lead to the mock hearing at the end of the day. Although advocates in other courts can observe other counsel at work, advocates in Complusory Treatment Order hearings can't. This is your opportunity to observe, hear what a judge has to say and why - and to ask questions.
Whilst the intensive is structured principally for legal practitioners who currently work in the mental health sector, or who intend to, we hope health professionals will also be interested in attending.
Programme
8.30 - 9.00 Registration - Tea and coffee available
9.00 - 9.10 Opening - Chair: David Bates
9.10 - 9.55 Session 1: An introduction to common mental conditions
- The salient features of the common mental illness
- Broad discussion of personality disorder
- Bust the jargon
- Inter-relationship between clinical symptoms and the MHA abnormal state of mind criteria
Presenters Dr Mark Earthrowl (Ch), Dr Nick Judson (Wn), Dr Rees Tapsell (Ak)
9.55 - 10.50 Session 2: An overview of the mental health sector and the assessment and treatment of mental conditions
- Orientation to the public mental health system in New Zealand
- Bureaucracy, policy and clinical practice
- Common modes of assessment, treatment and rehabilitation
- Electro-convulsive therapy and "seclusion' in perspective
Presenters Dr Mark Earthrowl (Ch), Dr Nick Judson (Wn), Dr Ress Tapsell (Ak)
To comment Paul Gruar and David Bates
10.50 - 11.10 Morning Tea
11.10 - 12.00 Session 3: The role of the lawyer
- Advocating for the client versus the "best interests" approach
- Preserving the therapeutic relationship
- Practical issues with client files
- Practical issues in preparing for and conduct of a hearing
Presenter Paul Gruar
To comment Dr Mark Earthrowl (Ch), Dr Nick Judson (Wn), Dr Rees Tapsell (Ak)
12.00 - 12.40 Session 4: The threshold for committal - mental disorder and necessity
- The essential elements of the definition of "mental disorder" in light of the test of necessity (in the making of a Complusory Treatment Order) in s 27(3) of the Act
- The concept of necessity in this context has been the subject of significant judicial consideration - the arguments and recent decisions
Presenter Professor Warren Brookbanks
12.40 - 12.50 Discussion of the morning's themes
12.50 - 1.35 Lunch
1.35 - 1.50 Session 5: Consequences of a CTO
There are more than 300 documented, non-clinical ways people can be affected by Complusory Treatment Orders. This will be a brief overview of the key consequences
Presenter David Bates
1.50 - 3.00 Session 6: Emergent issues - recent cases
This session will review a number of recent decisions including:
- Scope of the definition of mental disorder
- Role and utility of habeas corpus applications in a mental health context
- Consequences of the truncation of review periods
- Effect of contradictory certificates of clinical review
- Restricted patient status
- Breach of s 23(1)(b) of the NZBOR (right to counsel) - implications for mental health law
- The meaning of privacy as applied to the consensual disclosure of health information by a patient who is not a party to proceedings
Presenter Professor Warren Brookbanks
3.00 - 3.30 Afternoon tea
3.30 - 4.00 Session 7: Risk Assessment
This session will briefly outline the current theory and best practice in clinical risk assessment as used by clinicians:
- Background to the concept of risk
- Limitations of assessment
- The kinds of risks
- Clinical risks - process of assessment
- Developing a risk management plan
Presenter Dr Mark Earthrowl (Ch), Dr Nick Judson (Wn), Dr Rees Tapsell (Ak)
4.00 - 5.00 Session 8: Mock hearing
This session will model cross-examination of a clinician
Advocate Paul Gruar
Clinician Dr Mark Earthrowl (Ch), Dr Nick Judson (Wn), Dr Rees Tapsell (Ak)
Judge Judge Strettell (Ch), Judge Ellis (Wn), Judge Adams (Ak)
5.00 Closing
Fee (incl gst)
Registrations will not be actioned until payment is received.
The registration fee includes extensive materials, morning and afternoon teas and lunch.
Payment received by 30 June - $340
Payment received after 30 June - $390
Background materials will be distributed prior to the intensive.
Who should attend
Lawyers with clients in the mental health system and those intending to work in this area. Health professionals would also be interested.
| Centre | Date | Venue |
| Christchurch | 28 July | Chateau on the Park |
| Wellington | 29 July | Hotel InterContinental |
| Auckland | 30 July | Langham Hotel |
Chair: David Bates, Barrister, Tauranga
David spent 17 years in the New Zealand Police before taking up the practice of law. He works principally in criminal law, youth law and mental health law. David was appointed a district inspector of mental health in 1989. He is the author and co-author of several legal texts.
Professor Warren Brookbanks, Law School, Auckland University
Warren teaches in the areas of criminal law and mental health law, and has written extensively in both areas. He regularly consults with legal practitioners on matters of law and practice, and has been involved in consultation with a number of government departments and statutory bodies, including the Ministry of Health, the Ministry of Justice, the Mental Health Commission and the Law Commission. Warren is a member of the NZLS Health Law Committee, a past president of the Australian and NZ Association of Psychiatry, Psychology and Law and is chairman of the Oakley Mental Health Research Foundation.
Clinician - Dr Mark Earthrowl, Consultant in Forensic Psychiatry, Christchurch
Mark works for the Canterbury District Health Board. He is also the clinical head of the Canterbury Regional Forensic Service and holds positions as clinical senior lecturer in psychological medicine, University of Otago, and deputy psychiatrist member of New Zealand Mental Health Review Tribunal. He is a member of the New Zealand advanced training committee in forensic psychiatry. Mark has extensive experience in medico-legal report writing for the High Court, District Courts, Family Courts, as well as civil matters, the Parole Board and Mental Health Review Tribunal. His research interests include prison psychiatry, women and forensic psychiatry, risk assessment, and sexual offending.
Advocate - Paul Gruar, Barrister, Auckland
Paul has a particular interest in mental health, disability and disposition of criminal charges for the mentally or intellectually impaired offender. He has practised in mental health since the current legislation was introduced. Paul is a past and present convener of the Auckland District Law Society Mental Health & Disability Committee.
Clinician - Dr Nick Judson, Consultant in Forensic Psychiarty, Wellington
Nick works as a consultant psychiatrist in forensic psychiatry and intellectual disability for Capital & Coast DHB in Wellington. He is also a psychiatrist in private practice, and is currently the psychiatrist member of the Mental Health Review Tribunal. Trained in the UK, Nick has worked as a psychiatrist in New Zealand since 1986 as Medical Superintendent, Cherry Farm Hospital; Director of Area Mental Health Services, Otago; and Deputy Director of Mental Health at the Ministry of Health, before taking up his current post in 1998.
Clinician - Dr Rees Tapsell, Consultant in Forensic Psychiarty, Auckland
Rees works as a forensic psychiatrist in Tane Whakapiripiri, the Kaupapa Maori unit at the Auckland Regional Forensic Psychiatry Service and he is a partner in Psylaw, a forensic psychiatric consultancy. He is a clinical lecturer with the department of psychological medicine at the Auckland School of Medicine and a psychiatrist deputy member on the Mental Health Review Tribunal. Rees is currently a general councillor of the Royal Australia and New Zealand College of Psychiatrists. His particular professional and research interests are the epidemiology of mental disorders, Maori mental health service development, outcome measures in Maori mental health “mentally abnormal” offenders and undergraduate and postgraduate education and training.
Some financial assistance may be available through the Douglas Wilson Advocacy Scholarship Trust. Application forms will be sent on request.
Note: Applications close Monday 30 June 2008.
I CAN'T ATTEND THE SEMINAR, BUT I WOULD LIKE TO BUY THE BOOKLET
The booklet will be available when the intensive is over. The price will be between $40-$60. If you would like to order now, email us with your details and the title you wish to purchase. We will send the booklet when it is available, with an invoice.
CANCELLATION POLICY
Please Note: Minimum and maximum numbers apply.
Registrations will be accepted on a first-come/first-served basis.
Registrations close 10 working days before the presentation date (the closing date).
NZLS CLE reserves the right to cancel any session that does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session.
If you cancel your registration before the closing date, a refund will be made, less a $50 administration fee. After the closing date, there will be no refund.
You may transfer your registration to another person until 5 working days before the presentation. Please advise NZLS CLE in writing of the change.
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