How the law defines disability, impairment and mental illness and the key laws a state and federal levels that protect people’s rights against discrimination and for employment, accommodation, education and other services are described. The types of disability, disability services, disability discrimination, advocacy and recent developments under the National Disability Insurance Scheme are covered, along with sexual offence cases and duty of care and negligence.

Contributors

Michael Bevan

Lawyer, Mental Health and Disability Law, Victoria Legal Aid

Robbert Roos

Lawyer, Mental Health and Disability Law, Victoria Legal Aid

Understanding disability and the law: Contacts

Action for More Independence and Dignity in Accommodation (AMIDA)
Ross House, First floor, Suite 1.11, 247 Flinders Lane, Melbourne Vic 3000
Tel: 9650 2722
Email: amida@amida.org.au
Web: www.amida.org.au

Action on Disability within Ethnic Communities (ADEC)
Head office: 175 Plenty Road, Preston Vic 3072
Tel: 9480 7000
Email: info@adec.org.au
Web: https://adec.org.au
ADEC provides disability services in Victoria.

Administrative Appeals Tribunal (AAT)
Level 4, 15 William Street, Melbourne Vic 3000
Tel: 1800 228 333
Email: generalreviews@aat.gov.au
Web: www.aat.gov.au

Assessment and Referral Court (ARC)
At the Magistrates’ Court of Victoria
Email: arc.registrar@courts.vic.gov.au; arclist@justice.vic.gov.au
Web: www.mcv.vic.gov.au/about-us/assessment-and-referral-court-arc
ARC is available at the Frankston, Latrobe Valley, Korumburra, Melbourne and Moorabbin Magistrates’ Courts.

Association for Children with a Disability (ACD)
Suite 1, 587 Canterbury Road, Surrey Hills Vic 3127
Tel: 9880 7000; 1800 654 013 (country callers)
Email: mail@acd.org.au
Web: www.acd.org.au
ACD helps families and carers of children with a disability, and relevant professionals, by providing free information and support over the phone, training and advocacy.

Association of Employees with a Disability (AED) Legal Centre
Level 9, 45 William Street, Melbourne Vic 3000
Tel: 9639 4333
Email: noni.lord@aed.org.au
Web: www.aed.org.au
AED provides assistance for people with a disability who have employment and education-related legal problems.

Australian Government’s Complaints Resolution and Referral Service (CRRS)
Tel: 1800 880 052
Web: www.jobaccess.gov.au/people-with-disability/making-complaint

Australian Health Practitioners Regulation Agency (Ahpra)
Victorian office:
Level 8, 111 Bourke Street, Melbourne Vic 3000
Tel: 1300 419 495
Web: www.ahpra.gov.au
Ahpra works to ensure Australians have access to a safe health workforce.

Australian Human Rights Commission (AHRC)
Tel (general enquiries): 1300 369 711
Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm)
Email: infoservice@humanrights.gov.au
Web: https://humanrights.gov.au
The AHRC hears and resolves complaints of discrimination or breaches of human rights under federal laws.

Chief Psychiatrist
50 Lonsdale Street, Melbourne Vic 3000
Tel: 9096 7571
Email: ocp@dhhs.vic.gov.au
Web: www2.health.vic.gov.au/about/key-staff/chief-psychiatrist
Among other functions, the Chief Psychiatrist monitors mental health services, advises the minister about the provision of mental health services, and develops standards, guidelines and practice directions for mental health services.

Commonwealth Ombudsman
Tel: 1300 362 072
Web: www.ombudsman.gov.au

Community Visitors
Tel: 1300 309 337
Web: www.publicadvocate.vic.gov.au/our-services/community-visitors
Community Visitors visit Victorian disability accommodation services, supported residential services and mental health facilities to ensure residents and patients are being cared for and supported with dignity and respect.

Consumer Affairs Victoria (CAV)
Tel: 1300 558 181
Web: www.consumer.vic.gov.au
CAV is Victoria’s consumer regulator.

Disability Advocacy Resource Unit (DARU)
Level 8, 128 Exhibition Street, Melbourne Vic 3000
Tel: 9639 5807
Email: admin@daru.org.au
Web: www.daru.org.au
DARU provides training for disability advocates to ensure they are informed and up-to-date about issues affecting people with disability in Victoria.

Disability Discrimination Legal Service (DDLS)
Ross House, Second floor, 247 Flinders Lane, Melbourne Vic 3000
Tel: 9654 8644; 1300 882 872 (country callers)
Email: info@ddls.org.au
Web: www.ddls.org.au
The DDLS is a community legal centre that specialises in disability discrimination legal matters.

Disability Justice Australia (DJA)
Unit 2, 28A Albert Street, Preston Vic 3072
Tel: 9474 0077; 1800 808 126
Email: info@justadvocacy.com
Web: https://dja.org.au
DJA provides advocacy support to people who have ongoing support needs as a result of disability.

Down Syndrome Australia
Tel: 1300 881 935
Email: info@downsyndrome.org.au
Web: www.downsyndrome.org.au/vic
This organisation provides information, support and services to people with Down syndrome, their families and to relevant professionals.

Independent Mental Health Advocacy (IMHA)
570 Bourke Street, Melbourne Vic 3000
Tel (admin): 9093 3701
Tel (support line): 1300 947 820
Email: contact@imha.vic.gov.au
Web: www.imha.vic.gov.au
IMHA supports people who are receiving compulsory mental health treatment to make decisions and to have a say about their assessment, treatment and recovery.

Mental Health Legal Centre
Building 152, 147 Pelham Street, Carlton Vic 3053
Tel: 9629 4422; 1800 555 887
Web: https://mhlc.org.au
The MHLC provides free legal services to anyone who has experienced mental illness where their legal problem relates to their mental illness.

Mental Health Tribunal Victoria (MHT)
Level 30, 570 Bourke Street, Melbourne Vic 3000
Tel: 9032 3200; 1800 242 703
Email: mht@mht.vic.gov.au
Web: www.mht.vic.gov.au
The primary function of the MHT is to decide whether the criteria for compulsory mental health treatment as set out in the Mental Health Act 2014 (Vic) apply to a person.

Mental Health Victoria
Level 2, 22 Horne Street, Elsternwick Vic 3185
Tel: 9519 7000
Email: mhvic@mhvic.org.au
Web: www.mhvic.org.au
Mental Health Victoria is the peak body for community managed mental health services in Victoria.

National Disability Insurance Scheme (NDIS)
Tel: 1800 800 110
Email: enquiries@ndis.gov.au
Web: www.ndis.gov.au

NDIS Quality and Safeguards Commission
913 Whitehorse Road, Box Hill Vic 3128
Tel: 1800 035 544
Email: contactcentre@ndiscommission.gov.au 
Web: www.ndiscommission.gov.au
Web: www.publicadvocate.vic.gov.au

Office of the Public Advocate (OPA)
Level 1, 204 Lygon Street, Carlton Vic 3053
Tel: 1300 309 337
Email: opa_advice@justice.vic.gov.au
Web: www.publicadvocate.vic.gov.au
The OPA provides guardianship and advocacy services for people with a disability living in Victoria.

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
Tel: 1800 517 199
Email: drcenquiries@royalcommission.gov.au
Web: https://disability.royalcommission.gov.au

Second Psychiatric Opinion Service
Tel: 1300 503 426
Email: intake@secondopinion.org.au
Web: www.secondopinion.org.au

Self Advocacy Resource Unit (SARU)
Ross House, 247 Flinders Lane, Melbourne Vic 3000
Tel: 9639 6856
Email: saru@rosshouse.org.au
Web: www.saru.net.au
SARU supports Victorian disability advocacy groups.

Social Security Rights Victoria (SSRV)
Tel: 9481 0355; 1800 094 164 (country callers)
Web: www.ssrv.org.au
SSRV is a community legal centre that provides assistance with social security (Centrelink) legal matters to residents of Victoria.

STAR Victoria
Ross House, Fourth floor, 247 Flinders Lane, Melbourne Vic 3000
Tel: 9650 2730
Email: info@starvictoria.org.au
Web: https://starvictoria.org.au
STAR advocates for people with an intellectual disability and their families.

State Trustees
1 McNab Avenue, Footscray Vic 3011
Tel: 1300 138 672
Web: www.statetrustees.com.au 
State Trustees help Victorians with a disability to manage their financial and property affairs. State Trustees also has offices in Bendigo and Dandenong.

Victoria Legal Aid (VLA)
Tel (legal help): 1300 792 387
Web: www.legalaid.vic.gov.au
For general advice on disability and criminal justice matters, contact VLA.

Victorian Advocacy League for Individuals with Disability (VALID)
130 Cremorne Street, Richmond Vic 3121
Tel: 9416 4003
Web: www.valid.org.au
VALID advocates for Victorians with disabilities.

Victorian Civil and Administrative Tribunal (VCAT)
Tel: 1300 018 228
Email: humanrights@vcat.vic.gov.au
Web: www.vcat.vic.gov.au
VCAT hears matters at venues throughout metropolitan and regional Victoria; see VCAT’s website for addresses.

Victorian Disability Services Commissioner (DSC)
Level 20, 570 Bourke Street, Melbourne Vic 3000
Tel (general enquiries): 1300 728 187
Tel (complaints hotline): 1800 677 342
Email: contact@odsc.vic.gov.au
Web: www.odsc.vic.gov.au
The DSC works with people with disability to resolve complaints about disability service providers.

Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
Level 3, 204 Lygon Street, Carlton Vic 3053
Tel (admin): 1300 891 848
Tel (enquiries): 1300 292 153 
Email: enquiries@veohrc.vic.gov.au
Web: www.humanrights.vic.gov.au
The VEOHRC receives complaints about people being treated unfairly because of their disability.

Victorian Government Department of Health –Office for Disability
50 Lonsdale Street, Melbourne Vic 3000
Tel: 1300 880 043
Email: ofd@dhhs.vic.gov.au
Web: www.dhhs.vic.gov.au/office-disability

Victorian Government Department of Justice and Community Safety
Tel: 8684 0000; 1300 365 111 (country callers)
Web: www.justice.vic.gov.au 

Victorian Health Complaints Commissioner (HCC)
Level 26, 570 Bourke Street, Melbourne Vic 3000
Tel: 1300 582 113
Web: https://hcc.vic.gov.au 
The HCC receives and helps to resolve complaints about Victorian public health services.

Victorian Mental Health Complaints Commissioner
Level 26, 570 Bourke Street, Melbourne Vic 3000 
Tel: 1800 246 054; 9032 3328
Email: help@mhcc.vic.gov.au
Web: www.mhcc.vic.gov.au
Receives and helps to resolve complaints about Victorian public mental health services.

Victorian Mental Illness Awareness Council (VMIAC)
Building 1, 22 Aintree Street, Brunswick East Vic 3057
Tel: 9380 3900
Email: reception@vmiac.org.au
Web: www.vmiac.org.au
VMIAC is the peak Victorian non-government organisation for people with lived experience of mental illness.

Victorian Ombudsman
Level 2, 570 Bourke Street, Melbourne Vic 3000
Tel: 9613 6222; 1800 806 314 (country callers)
Web: www.ombudsman.vic.gov.au
Receives and helps to resolve complaints about Victorian public organisations.

Victorian Senior Practitioner
Victorian Government Department of Health
50 Lonsdale Street, Melbourne Vic 3000
Tel: 9096 8427
Email: victorianseniorpractitioner@dhhs.vic.gov.au
Web: www.dhhs.vic.gov.au/victorian-senior-practitioner

For queries about the use of restrictive practices, email: riquestions@dhhs.vic.gov.au

The Victorian Senior Practitioner ensures that the rights of people who are subject to restrictive interventions and compulsory treatment are protected and that appropriate standards in relation to these practices are complied with.

Villamanta Disability Rights Legal Service Inc.
Deakin University, Waurn Ponds Campus, Building IB, Level 3, 75 Pigdons Road, Waurn Ponds Vic 3216
Tel (admin): 5227 3338
Tel (legal advice): 1800 014 111 (Monday to Friday, 1 pm to 3 pm)
Email: legal@villamanta.org.au
Web: https://villamanta.org.au
Villamanta is a community legal service that specialises in disability related legal and justice issues.

Youth Disability Advocacy Service (YDAS)
Level 2, Queen Street, Melbourne Vic 3000
Tel: 9267 3709; 0438 638 734
Email: jmaiolo@ydas.org.au
Web: www.yacvic.org.au/ydas
YDAS is a Victorian advocacy service that works with young people with disability to achieve their human rights.

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Disability, mental illness and the law