#5 Law, regulation and the need to respect different ways of knowing and being - with Hon Prof Kevin Bell AM QC

<p>Professor the Honourable Kevin Bell AM QC is the Executive Director of the Castan Centre for Human Rights Law, Commissioner for the Yoo-rrook Justice Commission, and Co-Chair of the Steering Committee of the National Mental Health Commission National Stigma and Discrimination Reduction Strategy. Among his many accomplishments, as Justice of the Supreme Court of Victoria and President of the Victorian Civil and Administrative Tribunal Professor Bell has presided over some of Victoria&rsquo;s most important human rights judgements, including Patrick&rsquo;s Case and the 2017 PBU &amp; NJE case on electroconvulsive treatment.</p> <p>Today we spoke about law, the role of judges in directly or indirectly exercising oversight of systems and how taking a human rights based approach can lead to the best experiences of and outcomes from, the courts.</p> <p>[A note on language: there are diverse ways to understand and describe distress. Different terms are used in this podcast. We discuss in the episode, the need to acknowledge&nbsp;<em>labelling&nbsp;</em>and&nbsp;<em>power</em> in how terms like mental illness and mental health are used]</p> <p><strong>Timestamps</strong></p> <ul> <li>Why regulation matters to Professor Bell (2:00)</li> <li>How higher courts come to exercise regulation (or supervision) over the conduct and decisions of lower courts (11:00)</li> <li>Why courts need to understand context in making decisions, but avoid attempts to set public policy (14:00)</li> <li>What a human rights based approach to regulation means for Professor Bell (16:15)</li> <li>How human rights based judicial oversight and regulation can lead to different (better) questions and analyses (24:15)</li> <li>How the&nbsp;<em>Charter of Human Rights and Responsibilities Act 2006&nbsp;</em>regulates judicial decision-making (26:40)</li> <li>What&nbsp;<em>Patrick's Case&nbsp;</em>tells us about human rights based regulation and judicial decision-making (29:45)</li> <li>What&nbsp;<em>PBU &amp; NJE&nbsp;</em>