Victorian Supreme Court holds electroconvulsive treatment ordered against patients’ wishes a breach of human rights

PBU & NJE v Mental Health Tribunal [2018] VSC 564 (1 November 2018)

The Victorian Supreme Court has confirmed that the capacity test under the Mental Health Act 2014 (Vic) (MHA) must be interpreted and applied in a way that is compatible with the human rights of persons receiving compulsory mental health treatment under the Victorian Charter of Human Rights and Responsibilities Act 2006 (Charter). This decision has significant implications for the human rights of persons with mental illness, and particularly for patients who may be subject to compulsory mental health treatment under the MHA.

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Victorian Supreme Court finds owners corporations must modify apartments for owners with a disability

Owners Corporation OC1-POS539033E v Black [2018] VSC 337 (21 June 2018)

The Supreme Court of Victoria has handed down a decision that owners corporations must undertake modification works to apartment buildings for owners and occupiers with a disability. The decision has been hailed as a significant win for people with a disability.

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