About this resource
Hearings about guardianship, mental health treatment or tenancy can be stressful. This checklist covers explaining the process, legal advice and advocacy, the client's views and supported decision-making, documents and reports, practical arrangements and support on the day.
Purpose
To help clients take part in hearings that affect them.
Who it is for
Primary profession: Social workers. Also relevant for community services and case workers.
Client or participant group: Social workers supporting clients through hearings.
Practice setting: Hospital, mental health, disability and community services.
Suggested uses
- Guardianship hearings
- Mental health tribunal hearings
- Tenancy tribunal matters
- Supporting client participation
Instructions for practitioners
- Make sure the client knows about the hearing and their rights.
- Connect the client with legal advice or advocacy.
- Support the client to express their views.
- Write any reports carefully and share them as required.
Accessibility considerations
Request interpreters and adjustments from the tribunal early.
Scope and limitations
Practical support. It is not legal advice. Processes differ between states, territories and tribunals.
Research basis
Case management practice standards describe assessment, planning, coordination, review and planned exits with the person at the centre. Human rights frameworks and research on the dignity of risk support people's right to make their own choices, including choices that involve some risk.
- Case Management Society of Australia and New Zealand. (2013). National standards of practice for case management (3rd ed.). https://www.cmsa.org.au/
- Ibrahim, J. E., & Davis, M. (2013). Impediments to applying the ‘dignity of risk’ principle in residential aged care services. Australasian Journal on Ageing, 32(3), 188–193. https://doi.org/10.1111/ajag.12014
- United Nations. (2006). Convention on the Rights of Persons with Disabilities. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities
What is included
A 2-page printable A4 PDF, including a practitioner notes page with the research basis (version 1.0).
Originality
Original Practitioner Plus content: wording, activity structure, layout and icons were created for this resource. No third-party worksheets, illustrations or text were reproduced.
