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Procedural fairness in mental health review tribunals: the views of patient advocates.

Authors :
Boyle, Sam
Walsh, Tamara
Source :
Psychiatry, Psychology & Law; Apr 2021, Vol. 28 Issue 2, p163-184, 22p
Publication Year :
2021

Abstract

Mental health review tribunals face the difficult task of balancing an obligation to be efficient and accessible against the obligation to provide procedural fairness. We conducted focus groups with lawyers and advocates who support people with matters before the Queensland Mental Health Review Tribunal to ascertain their views on issues relating to procedural fairness in this particular forum. Consistent with similar studies in other jurisdictions, our participants expressed concerns about how well informed their clients were about the proceedings, the probative value of the evidence relied upon and the extent to which medical evidence is effectively challenged. We analyse the concerns raised by our participants in light of the limited Australian case law on procedural fairness in mental health review tribunals. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13218719
Volume :
28
Issue :
2
Database :
Complementary Index
Journal :
Psychiatry, Psychology & Law
Publication Type :
Academic Journal
Accession number :
153247683
Full Text :
https://doi.org/10.1080/13218719.2020.1767715