The Law Handbook 2024

798 Section 8: Disability, mental illness and the law Community Visitors respond to queries and enquire into complaints. If the issues are unable to be resolved at a service level, they can be raised with OPA, with the appropriate regulator and ultimately with the government minister responsible. NDIS matters related to the quality of NDIS- funded services can be escalated to the NDIS Quality and Safeguards Commission (see ‘NDIS Quality and Safeguards Commission’, below). Section 17 of the GA Act gives the Public Advocate powers similar to those of Community Visitors to visit, inspect and enquire into particular matters at specified premises. Independent Third Persons Program The Independent Third Persons (ITP) Program is coordinated by OPA. ITPs are community volunteers appointed by OPA and are available 24/7 across Victoria. PoliceOperating Procedure 4.6.3.2 requires that an ITP be present when police officers are interviewing a victim, suspect or witness who has an intellectual disability, a mental health issue or cognitive disability (e.g. acquired brain injury; dementia). ITPs provide support to people by facilitating communication, helping the person understand and exercise their rights and assisting the person through police processes and procedures. Corrections Independent Support Officer Program Corrections Independent Support Officers ( CISOs ) are community volunteers who assist and support people with a diagnosed intellectual disability in all Victorian prisons during internal prison disciplinary hearings. These hearings occur when prisoners are charged with a breach of the internal prison management regulations or rules. CISOs ensure the person is provided with the best opportunity to understand and actively participate in the hearing. The role of a CISO is to: • provide information to the person about the disciplinary hearing procedures; • provide information about their rights during the process; • assist with communication; and • support the person during the hearing. Advice and information OPA also offers advice and information on guardianship and administration, supportive guardianship, supportive attorney, applications to VCAT, enduring powers of attorney and supportive attorneys, supported decision-making, the rights of people with disabilities, medical treatment decision- making, advance care directives, and advocacy. The OPA’s Community Education Program provides written materials and speakers. Where to get help Villamanta Disability Rights Legal Service Villamanta is a community legal service that works on disability-related legal issues, with a primary focus on legal issues that affect people who have a cognitive disability and are living in Victoria. Villamanta: • has a toll-free information and referral service at 1800 014 111; • provides casework on legal issues that are related to disability and in specific areas of law; • provides education to the community about the rights of people who have disability; • lobbies government and other bodies about laws and policies that affect people with disability; • provides free information about a range of disability rights topics. For more information about Villamanta, visit its website at https://villamanta.org.au. For Villamanta’s contact details, see ‘Contacts’ at the end of this chapter. Mental Health Legal Centre The Mental Health Legal Centre ( MHLC ) is a specialist community legal centre providing free, confidential and independent legal support to people in Victoria who have experienced mental illness or who have had contact with mental health services. The MHLC also promotes the rights of people who have a psychiatric or psychological disability through legal advocacy. The MHLC’s services include: • a general legal advice clinic for people who identify as having a mental health condition – see the centre’s website for what it can and cannot assist with;