Mental Health Legal Centre Inc

9th Floor, 10-16 Queen Street

Melbourne VIC 3000 Tel: (03) 9629 4422

www.communitylaw.org.au/mentalhealth

21 July 2011

Media Release

Psychiatric treatment cannot be compelled by forced sale of home

The Supreme Court of Victoria has stopped the forcible sale of the home of a man with a mental illness.

In a decision known as Patrick’s case, the Supreme Court found that the Victorian Civil and Administrative Tribunal (VCAT) had erred in law in appointing an administrator who had power to sell Patrick’s home against his wishes.

Barbara Shalit, Patrick’s lawyer from the Mental Health Legal Centre (MHLC) said, “This decision represents a win for the right of people with mental illness to have their autonomy respected and be treated on an equal basis with others.”

Initially, an application had been made by Patrick’s mental health treating team for VCAT to appoint State Trustees to manage his financial affairs. Patrick was an involuntary patient in a psychiatric hospital, but evidence showed he had always managed his finances including the repayments and expenses on his home. VCAT found that decisions about Patrick’s finances could not be “separated from decisions about where it is in his best interests to live”. VCAT also accepted that appointing an administrator meant that Patrick’s home would be sold

“By selling Patrick’s home and preventing him from returning to it, our client’s only option would have been to live in long-term supported accommodation in a hostel, which he strongly opposed,” said Ms Shalit. “This case is really about a mental health service trying to enforce treatment. An administration order should never be used to enforce psychiatric treatment.”

Ms Shalit said, “Appointing an administrator is a serious infringement on a person’s rights, even where they are an involuntary patient in a psychiatric service”. The Victorian Charter of Human Rights states that a person’s rights can only be limited where it is reasonable and demonstrably justified. In applying the Charter, the Supreme Court found the appointment of an administrator was an unlawful infringement on Patrick’s right to choose where to live, his right to privacy and ability to enjoy these rights equally with other people.

“This case highlights the importance of people with psychiatric disability being treated in a way which least infringes their human rights,” said Ms Shalit. “Forcing the sale of a person’s home for the sole purpose of compelling psychiatric treatment is unlawful.”

Media enquiries – Barbara Shalit tel: (03) 9629 4422