This On Demand was recorded on 9 December 2024.

People who are detained under the Mental Health (CAT) Act 1992 are among the most vulnerable people in society. They are entitled to legal advice and, in various locations around Aotearoa, a roster of lawyers willing to undertake that work is fundamental to meeting that need. However, its workings are not always visible and once on the roster, there are many protocols and procedures to follow.

In this session, our experienced panel will guide you through the process, from applying to be on the mental health roster, to receiving assignments, to primary and review hearings; providing insights from the perspectives of counsel, psychiatrists, the legal services agency, a district inspector and the judiciary.

Learning Outcomes

• Develop a better understanding of everything involved with the roster, including how to get on it, how assignments are allocated, the legal aid aspects and how to address problems.
  
• Improve your knowledge of the process for receiving assignments, including for repeat clients, and what you can expect from hospital administrators.
• Gain insights into best practice for advocacy and representation in Mental Health law cases, both at primary hearings and in the Mental Health Review Tribunal, including who should be present, what should happen, cultural considerations and competencies, and what could be done better – with counsel, clinical and judicial impressions.

Who Should Watch?

Those considering applying to be on, or new to, the Mental Health roster, those on it who are seeking a refresher, and anyone wishing to undertake this work in smaller centres, where a roster may not be in operation.

Presenters

Panellists: 

Her Honour Judge von Keisenberg

Karol Hadlow, Barrister

Dr Hinemoa Elder, Psychiatrist and Mental Health Review Tribunal member

Kamini McCarthy, Manager Legal Aid Grants | Āwhina Ture Legal Aid Services, Ministry of Justice

Chair: 

Andrew Molloy, District Inspector for Mental Health and for Intellectual Disability

Learning Outcomes