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FURTHER ASSISTANCE

Philip Grano, Legal Officer, Office of the Public Advocate

See listing of relevant organisations at the end of Chapter 16*1 Disability Overview.

Lawyers

VILLAMANTA DISABILITY RIGHTS LEGAL SERVICE INC. (Villamanta)

Villamanta is a statewide community-based legal service that works only on disability-related legal issues, with a primary focus on issues that affect people who have an intellectual disability.

Villamanta provides:

  • a freecall line for advice, information and referral;
  • casework on disability-related legal issues;
  • community education on the rights of people who have a disability, primarily for people who have a disability;
  • lobbying of government and other bodies about laws and policies that affect people who have a disability;
  • sales of books on disability-related issues (see website for catalogue);
  • free information sheets on a range of disability rights topics (available on the website);
  • a free newsletter approximately three times per year; and
  • training for service providers on a range of disability rights issues (available for a fee).

See "Contacts" in Chapter 16*1 Disability Overview for further details.

MENTAL HEALTH LEGAL CENTRE (MHLC)

The MHLC is a community legal centre which provides a free, confidential and independent legal service to people in Victoria who have experienced mental illness or have had contact with mental health services. All MHLC activities aim to promote the rights of people who have a psychiatric disability through legal advocacy. The MHLC also undertakes research, community education and law reform and policy work in relation to issues of mental health and the law, based on consumer consultations.

The MHLC offers a telephone legal advice line on Monday, Wednesday and Friday afternoons from 3.00 pm to 5.00 pm and Tuesday and Thursday evenings from 6.30 pm to 8.30 pm.

Inside Access is a project of the MHLC. Inside Access provides outreach legal clinics with a civil law focus to women incarcerated at Dame Phyllis Frost Centre every second Thursday from 1.30-3.30pm. Inside Access also provides legal assistance to persons at Melbourne Assessment Prison, Port Phillip Prison and forensic patients at Thomas Embling Hospital and other secure hospitals on a referral basis. The Inside Access website is www.insideaccess.org.au. MHLC can be contacted on (03) 9629 4422.

DISABILITY DISCRIMINATION LEGAL SERVICE (DDLS)

DDLS is a free community legal centre working towards the eradication of disability discrimination. DDLS facilitates and promotes justice for people with disabilities through:

  • community legal education sessions to professional and community groups to raise disability awareness and provide information on the Disability Discrimination Act 1992 (Cth) and Equal Opportunity Act 1995 (Vic); and
  • community development research projects to investigate and challenge current social, economic and legislative issues affecting people with disabilities in the community.

DDLS handles discrimination cases with the intention of achieving a positive outcome for clients and setting precedents that will benefit a large number of people with disabilities. A priority of DDLS casework is raising public awareness of disability discrimination, so cases with potential for a high level of public interest are given preference. Solicitors also give free legal advice sessions by telephone.

DDLS provides an information and referral service and can be contacted by telephone, fax, TTY, mail or email. DDLS also provides volunteers and students with training, support and supervision to assist it to provide these services. See "Contacts" in Chapter 16*1 Disability Overview for further details.

ASSOCIATION OF EMPLOYEES WITH A DISABILITY (AED)

AED provides freel legal advocacy for people with a disability who experience difficulties and/or discrimination in the areas of employment, education and training. It is a statewide service. AED also provides a Legal Advisory Service every Wednesday night from 6.30pm onwards.This service is staffed by volunteer law students and legal practitioners. Appointments are necessary. Although the focus of AED's work is to seek legal remedies in cases of disability discrimination, AED operates within a human rights framework to promote and protect the rights of people with a disability and give them better access to opportunities in employment and education.

See "Contacts" in Chapter 16*1 Disability Overview for further details.

OTHER SOURCES OF LEGAL ADVICE

A private lawyer, community legal centre or Victoria Legal Aid may also be able to assist with legal issues relating to disability, treatment or discrimination (see: Chapter 2*4 Advice Directory, for sources of legal advice).

Health Services Commissioner

The Office of the Health Services Commissioner was set up under the Health Services (Conciliation and Review) Act 1987 (Vic) to be "the coordinating point for all complaints from users about the quality, suitability and timeliness of health care services provided throughout Victoria".

The Commissioner acts as an investigator, mediator or conciliator of complaints brought by health consumers. Health care services include mental health services.

Under the Health Records Act 2001 (Vic), the Commissioner deals with complaints about breaches of privacy in relation to health information and access to health records held by private organisations (see: "Health Records Act 2001", in Chapter 21*5 Privacy Rights).

Disability Services Commissioner

The Disability Services Commissioner was established under the 2006 Disability Act, which brought in major reforms aimed at improving services for people with a disability in Victoria. The Commissioner is independent of government, the Department of Human Services and disability service providers, and reports through the Minister for Community Services to Parliament each year. The legislation gives the Commissioner wide-ranging powers to undertake the various functions required of the role.

The Commissioner works with people with a disability, their families and advocates to assist in the resolution of complaints about disability service providers and contribute to improved outcomes for people with a disability. The Commissioner encourages and assists the resolution of complaints in a variety of ways including informal discussions, conciliation processes and, under certain circumstances, formal investigation. As well as work directly focused on resolving individual complaints, the Commissioner has a range of other important functions, including conducting education, training and research to improve disability services complaints systems.

Equal opportunity commissions

It is unlawful to discriminate against any person who has, or has previously had, a disability in the following areas:

  • employment (including matters concerning an application for employment, dismissal, terms and benefits of employment, training and promotion);
  • provision of goods and services (including banking, retailing, insurance and entertainment);
  • education;
  • clubs and community organisations (if receiving government assistance or on government land);
  • accommodation;
  • sport;
  • local government;
  • administration of Commonwealth laws and programs; and
  • disposal of land.

There are exceptions to the above cases; it is advisable to contact the Victorian Equal Opportunity and Human Rights Commission or the Commonwealth Human Rights and Equal Opportunity Commission if you believe you have been discriminated against because of a disability (see: Chapter 17 Discrimination, for further information and contact details).

FURTHER ASSISTANCE :: Last updated: Thu Jul 1st 2010