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 – catherine.leslie@mhlc.org.au/mentalhealth