The challenge for Australian jurisdictions to guarantee free qualified representation before mental health tribunals and boards of review: Learning from the Tasmanian experience

A mentally ill citizen whose case is listed for hearing before a Mental Health Tribunal or Board of Review has a statutory right to be represented, although in nearly all Australian jurisdictions relatively few individuals are represented. An examination of the annual reports of mental health legal services demonstrates a consensus view that the low number of represented people is due to the lack of sufficient government funding and consequentially the too limited resources of the services. This article reviews the legislation and explores concepts such as the "more well" person and "qualified representation" behind the existing representational system that does not meet Australia's human rights obligations. It questions the continued reliance on the traditional, once clear distinction between that which is legal representation and that which is lay representation in light of the Mental Health Tribunal Representation Scheme which has been operating in Tasmania since 2003. It suggests that this type of representation scheme is a cost-effective alternative that will guarantee every Australian appearing before a mental health board or tribunal the ability to exercise their right to free, competent representation.