The Law Handbook 2024

68 Section 2: Getting help • have not been to court due to current issues with child protection (if you have been involved before, IFAS may still be able to support you); • live or work in Bendigo, Ballarat, Dandenong, Darebin, Moreland or Preston. Independent Mental Health Advocacy What is IMHA? Independent Mental Health Advocacy (IMHA; www.imha.vic.gov.au) is a service delivered by VLA to support people receiving compulsory psychiatric treatment to have as much say as possible about their assessment, treatment and recovery. It is not a legal service and is independent from hospitals and mental health services. IMHA advocates can: • listen to what you want and talk to you about your options; • give you information and support to act on your rights; • work with you so you can have your say; • refer you to other services if you need them. If you are receiving compulsory treatment, IMHA will be notified and will contact you unless you tell them not to (see www.imha.vic.gov.au/tell-us-not- to-contact-you) . You can decide if you want their services. Who is eligible? IMHA supports people who are currently on a compulsory treatment order, either in the community or as an inpatient. The service can also support people: • who are voluntary inpatients but who are at risk of being placed on a compulsory order; • in the first month after discharge from compulsory treatment; • who have been found unfit to stand trial or not guilty on the grounds of mental impairment and are being held in a designated mental health service; • on secure treatment orders – who have been sentenced for an offence and are assessed as requiring compulsory treatment while they are in custody; • on supervision orders who are assessed as requiring compulsory mental health treatment. Legal assistance grants What is a legal assistance grant? If you are unable to resolve your legal problem on your own and cannot afford a lawyer, VLA may be able to pay for a lawyer to help you. This is called a ‘grant of legal assistance’. Grants of legal assistance are usually for criminal or family matters, but they can also be given in some other matters, such as guardianship, infringements, immigration, social security, mental health and discrimination cases. A grant may pay for some or all of the following types of work: • legal advice; • help to resolve the matters in dispute; • prepare legal documents; • represent you in court. Who can get a grant? As VLA’s funds are limited and demand for legal services is high, there are rules about who can get a grant of legal assistance. When considering if you are eligible for a grant, VLA looks at: • what your case is about; • the likely benefit to you; • if helping you can benefit the public; • your financial situation using a means test. There is a full list of considerations online: www. legalaid.vic.gov.au/paying-lawyer. Means test The means test applies to most adults and takes into account: • money received from work, welfare benefits or other sources; • major assets (e.g. a house or car); • weekly living expenses. The means test also looks at whether you support anyone else, or if they support you. These people are called ‘financially associated persons’ and their