OPA provides advice and assistance with complaints about services, treatment or attitudes of government departments and other agencies.

Whenever possible, existing complaints systems are used, including the Ombudsman, the Victorian Equal Opportunity & Human Rights Commission, Health Services Commissioner, Mental Health Review Board and the Disability Services Commissioner.

If these avenues are inappropriate, OPA may investigate the complaint directly, representing the interests of the person with a disability in negotiating to resolve the disputed issues.

OPA takes up issues of a systemic nature, investigating and researching matters that develop out of individual complaints. These activities may lead to law reform, the preparation of submissions to government, or the publication of reports.

Handbooks have also been produced jointly by OPA and Victoria Legal Aid, including the following:

These publications can be downloaded for free from the VLA website at www.legalaid.vic.gov.au, or ordered using the VLA online order form.

Generally, where there is an allegation of abuse, maltreatment or exploitation of someone with a disability, OPA has power to intervene.

If the investigation is blocked in any way by the person or agency involved in the alleged abuse and there is evidence that the person is being illegally detained or is likely to suffer serious harm, an order can be sought from the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) authorising active intervention with police assistance.

VCAT may appoint the OPA as a plenary guardian, limited guardian or alternative guardian – but not as an administrator.

Note: An order for guardianship can only be made where the person concerned is over 18 years of age and has a disability that affects their capacity to make "reasonable judgments", and where a legally binding decision needs to be made on the person's behalf. As the most restrictive option, guardianship is seen as a last resort. In all cases, the least restrictive options are sought for the person with a disability.

Ideally, guardianship is given to a relative or friend, that is, to someone who knows, understands and is familiar with the needs of the person and who will act in their best interests. However, if a relative or friend is not available, or if these people have a conflict of interest, OPA can be appointed as guardian instead.

An order for guardianship or administration can be tailor-made to suit the particular needs of the person with a disability (known as the "represented person"). For more information, see: Chapter 16*6 Guardianship and Administration.

The Community Visitors Program is established under the Mental Health Act 1986 (Vic), the Disability Act 2006 (Vic) ("Disability Act") and the Health Services Act 1988 (Vic). The program is administered and co-ordinated by OPA.

Community Visitors are community representatives who regularly visit services and institutions for people with psychiatric or intellectual disabilities, and supported residential services registered with the DHS, or those in the non-government sector. They have power to make inspections, to have access to reports and documentation and to consult with anyone involved in the provision of services or the administration of a facility.

They visit on a regular basis to talk to residents/clients on issues such as:

They respond to queries and inquire into complaints. If the issues are unable to be resolved at a local level they can be raised with OPA and ultimately with the Minister responsible. Section 18A of the GAA gives the Public Advocate the same powers as Community Visitors to visit, inspect and inquire.

The Independent Third Person (ITP) program is co-ordinated by OPA. Police Operating Procedure 4.6.3.2 requires that an ITP be present where a victim, suspect or witness who is to be interviewed by police has an intellectual disability, a mental illness, acquired brain injury or dementia. OPA runs information and training sessions for people wishing to volunteer as ITPs.

ITPs are not advocates for people but are there to facilitate communication, help the person know their rights and support the person through the process.

OPA's Advice Service offers advice and information on guardianship and administration applications to VCAT, powers of attorney and guardianship, and advocacy. The Community Education Program provides written materials and speakers.