Mental-Health Law - Innovations in Education and Representation

What do we know about the lives of people with learning difficulties? What do we know about the lives of people who have used mental health services? People require legal representation to obtain access to the basics of life. Legal representation for people with mental disabilities or learning difficulties also provides a forum for client empowerment. Legal representation has historically been dominated by professionals trained in traditional methods. A mental health law clinic, based upon consumer objectives, provides an opportunity to apply critical legal theory to the practice of law. Legal and citizen advocacy are combined to provide maximum participation in obtaining results. In this article, the author traces the development of a mental health law clinic by documenting the value of clinical legal education and the necessity of commitment to consumer-centred representation

Professional Discipline: Analysis of New Zealand teachers disciplinary tribunal decisions

Analysis of teachers' professional misconduct is rarely researched but of great public interest. This legal analysis examines the 28 decisions of the New Zealand Teachers Disciplinary Tribunal from 2008. With a view to prevention, the categories of misconduct, types of victims and penalties are examined. For comparison of disciplinary decision-making, the Health Practitioners Disciplinary Tribunal is discussed. Topical issues including attendance at hearings, legal representation and name suppression are illuminated. The article aims to foster further discussion regarding reform and specific strategies for reducing professional misconduct by teachers.Â

International ethical safeguards: genetics and people with learning disabilities

This paper discusses the ethical issues and international standards relating to genetic research on people with learning disabilities. Research protocols must acknowledge the people who are subjects of such research and must reflect emerging disability philosophies. This research provides a brief historical context and considers five issues of fundamental importance to people with learning disabilities through a discussion of participation in the research design, independent advocacy, justice, non-discrimination and autonomy. These concerns have been investigated in England and abroad, and it is therefore valuable to undertake a review of the legal and ethical context of genetic research for vulnerable people who may be deemed unable to provide consent

Disciplinary Tribunal Cases Involving New Zealand Lawyers with Physical or Mental Impairment, 2009 – 2013

The purpose of this study was to examine disciplinary proceedings in the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) which involved lawyers with physical or mental impairments. International research has documented the high rates of depression, anxiety and substance misuse in the legal profession. Australian and American research has found that disciplinary cases often involve lawyers who are impaired by medical conditions, or substance misuse. Their impairment either contributed to, or was responsible for, their misconduct. In the present study, the disciplined lawyers’ demographics, and the nature of the impairments, were described for NZLCDT cases from 2009 to 2013. Twenty one of the 74 decisions involved impaired lawyers. The main types of impairment were depression, anxiety, substance misuse, and stress. This study reinforces the importance of the NZ Law Society’s 2009 initiative “Practising Well”, which aims to minimise the adverse impact that impaired lawyers have on themselves, their families, clients, and the profession.Peer Reviewe