Weller P1
1RMIT University
Biography:
Penelope Weller is Professor of Law. Her research examines the interface between the Convention on the Rights of Persons with Disabilities (CRPD) and other international frameworks with health, mental health and disability laws. She has undertaken several research projects in collaboration with people with lived experience of mental illness, including an evaluation of the independent mental health advocates, a study of attitudes to advance directives and a study of recovery-oriented practice (the PULSAR project). She combines interdisciplinary theoretical scholarship with empirical research to encourage the development of evidence-based innovation in mental health settings.
The purpose of this presentation is to recommendations arising from a consumer-led rapid evidence review which was conducted in support of effective implementation of two key recommendations of the Royal Commission into Victoria’s Mental Health System: 56(2) (opt-out advocacy) and 56(3) (increase access to legal representation). Part 2.4 of the new Mental Health and Wellbeing Bill 2022 mandates an opt-out independent mental health advocacy service and sets out specific roles and duties of advocates. The rapid evidence review establishes an evidence base for a consumer centred model of independent mental health advocacy and legal advice. The team conducted two rapid evidence literature reviews, consultations and focus groups with consumers and stakeholders and reviewed available service data. Key themes with respect to non-legal mental health advocacy include the need for adequate resourcing of services, consumer-led design and evaluation, attention to eligibility and access, procedural justice and human rights, specialist service areas, strategic advocacy and the role of carers, supporters and family members. Consumers strongly supported the current model of independent non legal advocacy operating in Victoria, noting a need for increased resourcing and service capacity but identified a need to fundamentally change how legal services were provided. Based on the evidence collected, the project team is in the process of co-designing principles for consumer-centred lawyering. Further research is required with respect to non-legal mental health advocacy and legal advice for children and young people. This work illustrates the critical value of lived experience perspectives for the re-design of mental health services.