This year for the first time, we have a one-day conference on mental health law, exploring some of the issues relating specifically to the treatment of patients with mental illness. We examine some of the issues around voluntary and involuntary treatment.
• Advance care directives
• Privacy and mental health information
• Assessing capacity for consent to treatment
• Mr H and the meaning of mental disorder
With a Keynote Address by Judge Tony FitzGerald, Auckland District Court Judge
Agenda: Day 1
Registration and Coffee
Opening remarks from the Chair
Mr H and the meaning of mental disorder
Nigel Dunlop, Barrister and Mediator, Convener of the Mental Health Review Tribunal
Advance directives for mental health patients
• Determining capacity at the time of decision making
• What can be included in advance directives?
Iris Reuvecamp, Senior Associate, Buddle Findlay
Assessing capacity for consent in mental health care
• Patient understanding of the repercussions of treatment under the Mental Health (Compulsory Assessment and Treatment) Act 1992
• The patient’s understanding of the implications of other treatment
• What to do if there are concerns about understanding
Dr Greg Young, Consultant Psychiatrist Regional Forensic Mental Health Service, Capital and Coast DHB
Richard Stone, Barrister and Solicitor, Souness Stone Law; District Inspector of Mental Health
The limits of compulsion
• The assessments that can be made under the Act
• The Mental Health Act and its relationship with the Bill of Rights and Human Rights Act
• Is the Act being used too often for compliance?
• To what extent can healthcare providers coerce patients to take medication for their physical health problems?
• Having the order lifted after treatment
Kris Gledhill, Lecturer, University of Auckland
Privacy and mental health information
• Balancing the privacy needs of individuals with risks to themselves and others
• The application of informed consent to information about mental health
• When can confidential health information be released to family members?
• The disclosure of information to other agencies
Peter Le Cren, Legal Counsel (Medico-legal), Auckland District Health Board
Amending the Alcoholism and Drug Addiction Act 1966
• The policy considerations behind the new Act
• Compulsory treatment for those with addictions
• What will happen in practice
Dr Jeremy McMinn, Consultant Psychiatrist Addiction Specialist, Capital & Coast District Health Board
Recent developments in the doctrine of unfitness to stand trial
• How and when is the issue triggered?
• What is the role of the judge at a fitness hearing?
• What constitutes “mental impairment”
• When proceedings can be stayed?
Warren Brookbanks, Professor Faculty of Law, University of Auckland
Do the intellectually disabled get a fair trial?
• The options for intellectually disabled offenders
• The difficulties of assessing fitness to stand trial
Tony Ellis, Barrister, Blackstone Chambers
Keynote: New Beginnings Court to improve outcomes
• How is the Court providing a more therapeutic regime to aid rehabilitation?
• The results so far
• Expanding the scheme
Judge Tony FitzGerald, Auckland District Court Judge
End of conference & networking drinks