I have finished writing my 'particulars of complaint' as ordered by the tribunal, and today I am serving them on the hospital. It's taken a lot of work to identify all of the acts and sections which the hospital have breached because of their smoking bans, but I think I have it all sorted out.
Not having legal representation has left me feeling rather nervous about whether my paperwork correctly addresses the issues. I can't help but think that this process of claiming discrimination is heavily weighted in favour of discriminators. Of course discrimination is more often committed by large organisations with substantial resources for legal advice. And of course those complaining of discrimination are often financially disadvantaged and unable to access legal advice.
It feels like access to justice is very uneven. Let's hope that the outcomes of this case prove me wrong!
Smoking bans are being implemented in psychiatric wards (including outdoor areas) all over Australia, forcing involuntary mental health patients to quit smoking against their will. These bans increase distress amongst people already in severe crisis, impede recovery and put people at risk. This cause aims to get these bans repealed, and smoking areas re-established in suitable outdoor areas.
it sounds like a lot of work to do about it. and I think that it is amazing that you are looking for your rights.
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