9.1 - A practical example of significant advocacy assistance

Terry is a male aged 29 years diagnosed with paranoid schizophrenia and an Acquired Brain Injury (ABI). He has a mental health history of acute psychotic episodes leading to behaviours that have resulted in a criminal history. Terry has been charged with a number of indictable offences and is before the Court again. The duty lawyer was concerned about his presentation at interview as Terry was exhibiting signs of paranoia and psychotic symptoms. An assessment with Terry's consent was organised at the Acute Mental Health Unit (AMHU) at the local public hospital.

The outcome of the assessment was that Terry was not "unwell" or psychotic and Terry was not placed on Involuntary Treatment Order (ITO). Therefore the matter could NOT be referred under Chapter 7, part 2 of the Mental Health Act (QLD) 2000.

The lawyer remained concerned however about Terry's mental health and applied for Legal Aid funding for an independent psychiatric report for Terry. The application gave detailed information about Terry's mental health history and funding was later approved. A referral to a private psychiatrist was organised and a detailed letter of instruction provided, along with other medical background information and the QP9's detailing the charges.

The private psychiatrist was of the opinion that Terry was of "unsound mind" at the time of the offending due to his disabilities.  On the basis of the psychiatric report, the matter was referred to the Mental Health Court for determination.

Advocacy Intervention

Terry's accommodation was not suitable. A Department of Housing application was organised, as well as a Community Housing application. The advocate provided additional information regarding Terry's circumstances to the Department for assessment as a priority application. Interim crisis accommodation organised through St Vincent's De Paul until either Community Housing or Department Housing accommodation became available

A Registration of Need and an application for funding to provide support to Terry was organised with Disability Services Qld (DSQ). Interim Emergency and Crisis funding was provided by DSQ as Terry was at risk of going to jail if offending behaviours continued.

Assessment by DSQ professional staff organised and a behavioural management plan developed for Terry.

Referral to Acute Mental Health Unit organised and case management successfully advocated for on basis private psychiatric report.

Community and social access organised by the Advocate through the local non government agencies block funded for these type of programs. Eg Ozcare, Spiritus

A referral organised through Terry's GP to GP Connections for ongoing regular counselling by Psychologist. 

Centrelink social worker contacted and referral for Terry to specialised employment agency organised to assist Terry in seeking work.