Subject: Welfare Law

Jurisdiction: Australia

Timothy is a long-term client of a community mental health support service. The mental health support service is integrated. A community lawyer works on site at the service with the human service and the health workers to assist clients with complex issues. Timothy has been diagnosed with schizophrenia. He has been seeing Claire, a human services support worker at the service, for 5 years. The frequency and duration of 'lockdowns' over the past 18 months has been very difficult for Timothy. He has not been taking his medication and the time away from his family and friends has left him feeling isolated and lonely. He is hearing voices and is unable to sleep. Timothy left the house he rents two nights ago and was found by police wondering around the central business district in his pyjamas. He was in an agitated state. The police took Timothy to the local public hospital, where he is now under 24 hour care in the acute psychiatric ward. The hospital notified the community mental health support service that Timothy was in hospital. Timothy had asked the hospital staff to call Claire and the service lawyer for him so that they can find him and provide him with support and advice. A Mental Health Tribunal hearing has been scheduled to determine whether Timothy can continue to receive compulsory mental health treatment in hospital. Timothy's treating psychiatrist has told Timothy and Claire that she will be recommending to the Tribunal that Timothy remain in hospital for treatment for 3 more weeks. Timothy has asked both Claire and the service lawyer to attend the tribunal hearing with him. Timothy has fallen behind in paying his rent and his landlord had written to him seeking immediate payment of the rental arrears and threatened legal action to evict Timothy. Timothy has the money to cover his rent in a savings account, but he has been too unwell to organise to transfer the rent to the landlord's bank account. If Timothy remains in hospital for treatment for three weeks, he will no longer have a place to live when he is released.

1. Is Claire able to advise Timothy on mental health law and how it applies in Timothy's circumstances? Give a reason for your answer?
2. What are the priority legal issues that you think the service lawyer could assist Timothy with?
3. What type of assistance could Claire provide at the upcoming Mental Health Tribunal hearing?
4. Describe three ways in which Timothy could benefit from using an integrated community mental health service?