Case 27: Aboriginal woman with mental illness able to access treatment in the community instead of in hospital

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An Aboriginal woman with mental illness was subject to compulsory mental health treatment in hospital. She had a strong connection with her Aboriginal identity and wanted to return home to receive treatment through her GP and with a community psychiatric service that had a good understanding of Aboriginal culture. Although the Mental Health Tribunal made an order for compulsory treatment, it considered her Aboriginal cultural rights under the Charter and decided that a community rather than an inpatient treatment order was less restrictive of her rights and appropriate in the circumstances. The Tribunal acknowledged that discharge from hospital may risk worsening her mental health but decided that the risks were not sufficiently serious or imminent to justify the restriction of an inpatient treatment order. The Tribunal had regard to the high rate of Aboriginal imprisonment, her preference for treatment in the community and decided that community treatment was also consistent with the ‘dignity of risk’ principle in mental health legislation.

Source: AQH (Victorian Mental Health Tribunal, 2017) and Human Rights Law Centre and Victoria Legal Aid, Protecting human rights for Victorians who have a mental illness using Victoria’s Human Rights Charter: Your advocacy guide, 2018