See also listing of relevant organisations at the end of Understanding disability and the law.
Villamanta is a state-wide 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:
• has a toll-free advice and information line;
• provides casework on disability related legal issues;
• assists with appeals to the Administrative Appeals Tribunal (AAT) about decisions made by the National Disability Insurance Scheme (NDIS);
• provides education to the community about the rights of people who have a disability;
• lobbies government and other bodies about laws and policies that affect people who have a disability;
• sells books about disability related issues (see Villamanta’s website at www.villamanta.org.au);
• provides free information about a range of disability rights topics (available on the website);
• provides training for service providers on a range of disability rights issues (available for a fee).
For Villamanta’s contact details, see “Contacts”.
The Mental Health Legal Centre (MHLC) is a community legal centre that 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. MHLC also promotes the rights of people who have a psychiatric or psychological disability through legal advocacy.
The MHLC offers a telephone legal advice line on Tuesdays and Thursdays from 6.30 – 8.30 pm. For the MHLC’s contact details, see “Contacts”.
Inside Access is a project of the MHLC. It provides free civil legal services to people with cognitive impairment and mental health issues within correctional and forensic facilities in Victoria.
Inside Access provides practical legal assistance while people are incarcerated with a view to supporting an easier transition to the community on release. Through Inside Access, MHLC also undertakes research, law reform and policy work in relation to issues of mental health and the law.
Inside Access also provides legal education programs to prisoners in Victorian Correctional facilities and forensic patients within the Thomas Embling Hospital to help them better understand and exercise their legal rights.
Independent Mental Health Advocacy (IMHA) is a new state-wide advocacy service for people receiving, or at risk of receiving, compulsory mental health treatment. The service is provided to people in inpatient, community and forensic settings, and advocates outreach to services across Victoria. IMHA is provided by Victoria Legal Aid but is not a legal service. The service is free, confidential and independent.
Advocates support and assist people to make or participate in decisions about their assessment, treatment, care and recovery, including:
• engaging with consumers to discuss and clarify their preferences and wishes;
• providing information about the mental health system and assisting consumers to understand their rights and to act on them;
• engaging and advocating directly with the person’s treating team, family or other support services, or provide support and coaching for consumers to self-advocate;
• providing referrals to other services.
People who are currently receiving, or may be at risk of receiving, compulsory treatment in Victoria and would like support, or would like to know more about getting support for another person, should contact IMHA. You can also contact IMHA to find out when an advocate will be visiting a mental health facility. For IMHA’s contact details, see “Contacts”.
The Disability Discrimination Legal Service (DDLS) is a community legal centre working towards the eradication of disability discrimination. DDLS facilitates and promotes justice for people with disabilities through:
• assisting to prepare and lodge complaints about disability discrimination to the relevant human rights commission;
• running discrimination cases at VCAT, the Federal Circuit Court and the Federal Court;
• running community legal education sessions for professional and community groups to raise disability awareness and provide information on the Disability Discrimination Act 1992 (Cth) and Equal Opportunity Act 2010 (Vic); and
• conducting 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. DDLS also provides volunteers and students with training, support and supervision to assist it to provide these services. For DDLS’s contact details, see “Contacts”.
The Association of Employees with a Disability (AED) provides free legal advocacy for people with a disability who experience difficulties and/or discrimination in the areas of employment and education. The AED also provides representation at the AAT for reviews of National Disability Insurance Agency decisions. The AED is a state-wide service. It also provides a legal service every Wednesday night from 6.30 pm onwards. This service is staffed by volunteer legal practitioners under the supervision of AED staff. Appointments are necessary. Although the focus of the AED’s work is to seek legal remedies in cases of disability discrimination, the AED operates within a human rights framework to promote and protect the rights of people with a disability and give them better access to justice in employment, and education through the legal arena. For the AED’s contact details, see “Contacts”.
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 Legal services that can help).
The Victorian Health Complaints Commissioner (“HC Commissioner”) resolves complaints about health services and the handling of health information in Victoria. The office began operating on 1 February 2017 under the Health Complaints Act 2016 (Vic).
The HC Commissioner resolves complaints through alternative dispute resolution mechanisms, but can also conduct investigations. The HC Commissioner’s service is free and impartial.
On 1 July 2014, the Victorian Mental Health Complaints Commissioner commenced operating as a specialist body to receive and resolve complaints about public mental health services. The HC Commissioner continues to receive complaints about private sector mental health service providers.
Under the Health Records Act 2001 (Vic), the HC Commissioner deals with complaints about the handling of health information and breaches of privacy in relation to health information in both the public and private sectors and access to health records held by private organisations. (See also “Health Records Act” in Privacy and your rights.) For the HC Commissioner’s contact details, see “Contacts”.
The Victorian Disability Services Commissioner (“DS Commissioner”) is an independent oversight body that is established under the Disability Act. The DS Commissioner assesses, conciliates and investigates complaints about the provision of disability services.
The DS Commissioner also reviews and investigates incident reports that relate to assault, injury or poor quality of care; and the deaths of people who were receiving disability services at the time of their death.
The DS Commissioner may also initiate other investigations where there are allegations of abuse or neglect of an individual or that are recurring or systemic.
The DS Commissioner also provides education and information to the disability sector about responding to complaints and about preventing and responding to abuse and neglect.
Note that Victoria is in the process of transitioning to the NDIS. This transition includes a transition to a new national oversight body, the Quality and Safeguards Commission. This commission will assume many of the current powers and functions of the DS Commissioner. At the time of writing (30 June 2018), this transition is scheduled to occur on 1 July 2019.
For the DS Commissioner’s contact details, see “Contacts”.
The Victorian Mental Health Complaints Commissioner (“MHC Commissioner”) is an independent, specialist complaints organisation created by the Mental Health Act 2014 (Vic) to help resolve complaints about Victorian public mental health services and to recommend improvements.
The MHC Commissioner deals with complaints about public mental health services. This includes mental health community support services funded publicly and by the NDIS. The MHC Commissioner can help with complaints about a person’s experience with a service, including accessing a service or about treatment or care. For the MHC Commissioner’s contact details, see “Contacts”.
It is unlawful to discriminate against any person who has, or has previously had, a disability in the area of:
• 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);
• clubs and community organisations (if receiving government assistance or on government land);
• local government;
• administration of Commonwealth laws and programs; and
• disposal of land.
There are exceptions to these; it is advisable to contact the Victorian Equal Opportunity and Human Rights Commission (www.humanrightscommission.vic.gov.au) or the Australian Human Rights Commission (www.humanrights.gov.au) if you believe you have been discriminated against because of a disability.
(For further information, see Discrimination and human rights.)