Duty to Warn For Mental Health Professionals in the New Zealand legislative context
One Day Workshop Presented by: Andra Mobberley (Barrister) Dr Jane Freeman-Brown (Clinical Psychologist)
29 March 2016 Christchurch
About the Workshop: Whether or not there is a requirement to warn potential victims about a client or patient’s intention to harm them is a frequent question of mental health professionals. This is understandable given the varying jurisdictions that such professionals have been trained in, and the changing nature of the common law. In addition, disclosures of harm are rarely packaged neatly into ‘will definitely commit serious harm’ or ‘will definitely not commit serious harm.’ This workshop is designed to cover the following learning objectives: 1. An overview of the significant international case law that triggered the concept of a duty to warn in the therapeutic context 2. An understanding of the difference between duty to warn and duty to protect 3. An in-depth look at New Zealand case law on duty to warn 4. An overview of the consequences of not warning potential victims in the individual case OR complaints of breach of privacy/confidentiality from the client 5. Discussion of a recommended process for deciding whether or not to directly warn potential victims 6. Application of the recommended process to case studies
About the Presenters: Andra Mobberley qualified as a lawyer in 1988 after studying for her Bachelor of Laws degree at the University of Auckland. She also holds a Masters Degree, with Distinction, in Public International Law. The theme of Andra’s legal career has been the protection of the interests of justice in the community. Andra has worked as Crown Counsel at Crown Law (the Office of the Solicitor General of New Zealand) providing legal representation and advice for the New Zealand Government on Treaty of Waitangi, criminal, extradition and international law issues. Between 1999 and 2008 Andra worked for the United Nations International Criminal Tribunal for Rwanda in Kigali, Rwanda and in Arusha, Tanzania. During that time she prosecuted former Rwandan Government Ministers, senior military officers and regional leaders who were responsible for the international crimes of genocide, crimes against humanity and war crimes perpetrated during the killing spree in Rwanda in 1994. She has worked extensively with witnesses suffering extreme trauma resulting from widespread and systematic violence and human rights abuses. She has specialised in large scale and complex litigation involving international law issues and has conducted advocacy training for prosecutors at the International Criminal Court. Andra also worked as Principal Solicitor at the Department of Corrections. She is now a barrister practicing public, international and criminal law.
Dr Jane Freeman-Brown is a registered clinical psychologist with ten years of clinical experience in mental health and forensic settings. She has recently completed a Masters in Bioethics and Health Law through the University of Otago. As well as a clinical focus Dr Freeman-Brown has steered her career to have a specialty in the
interface between ethics and the law and has previously worked as a senior advisor to the Department of Corrections with a focus on psychological practice and psycholegal issues. Dr Freeman-Brown is the chairperson of the ethics committee of the New Zealand College of Clinical Psychologists. She has lectured on the interface of ethics and law to a range of health professionals. Dr Freeman-Brown is a private consultant working out of Central Wellington.
Registration Details Tuesday 29 March 2016: Christchurch, The George Hotel
9.00am – 4.00pm Morning tea, lunch & afternoon tea provided Registration Fee: $395 + GST
Registration closes 11 March 2016 To register please complete the registration form and email to: [email protected]
For more details about the presenters please visit www.freemanbrownandmobberley.com