The Law Handbook 2024

Chapter 8.1: Understanding disability and the law 791 behalf of the support person or advocate. It is important to get instructions directly from your client to ensure you are acting on their wishes. Sometimes a client may be unable to provide you with instructions so that you can act on their behalf. There may be a substitute decision-maker to provide instructions on their behalf. This does not apply in criminal matters under the CMIUT Act. If the person has an administrator appointed, the administrator may have authority to provide you with instructions (s 58B(1) GA Act). The capacity of the administrator to instruct you will depend on the authority granted at the time of their appointment. If there is no administrator appointed, you may consider it necessary for someone appropriate to apply to the Guardianship List of VCAT for one to be appointed. Some courts and tribunals provide other mechanisms for bringing actions. Look at the relevant legislation for the tribunal or court to see if formal appointment of a ‘litigation guardian’ or ‘next friend’ is required, or whether another person is able to bring the action on behalf of your client. NOTE Litigation guardians can be held personally liable for the costs of the matter before a court or tribunal. The only circumstances where instruction should be taken from a person other than your client are those where a person who has legal authority to instruct on behalf of your client with cognitive impairment has been appointed, and is acting in accordance with what you believe to be your client’s wishes and best interest. If you believe that the instructions you receive from your client’s advocate or legally authorised person are not the client’s wishes or in their best interest, you should consider challenging the advocate’s authority in the proper forum, which is generally the Guardianship List of VCAT. Formore information about specialist legal services that deal with disability issues and assist clients who have disabilities, see Chapter 8.2: Disability: Asserting your rights. 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: Level 1, U22/855 Plenty Road, South Morang VIC 3752 Tel: 9480 7000 Email: info@adec.org.au Web: www.adec.org.au ADEC provides disability services in Victoria. AED Legal Centre Level 9, 45 William Street, Melbourne Vic 3000 Tel: 9639 4333 Email: aedlegal@aed.org.au Web: www.aed.org.au AED assists people with disability who have employment and education-related legal problems. 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/find-support/assessment-and- referral-court-arc ARC is available at the Frankston, Latrobe Valley, Bendigo, 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 disability, and relevant professionals, by providing free information and support over the phone, training and advocacy.