Villamanta Disability Rights Legal Service
Villamanta is a state-wide community based legal Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence. 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 A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. (AAT) about decisions made by the 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 with disability;
- sells books about disability related issues (see Villamanta’s website: 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’ at the end of this chapter.
Mental Health Legal Centre
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. The MHLC also promotes the rights of people who have a psychiatric or psychological disability through legal advocacy.
The MHLC provides critical services to vulnerable Victorians. Through a network of interconnected services, the MHLC supports diverse groups of clients to navigate their legal and social problems. The MHLC’s services include:
- a day service: from Tuesday to Friday, 9 am to 5 pm, MHLC staff can provide support, guidance and information over the telephone (9629 4422);
- a night service: a legal advice telephone line operates every Tuesday and Thursday from 6 pm to 8 pm (1800 555 887);
- legal representation at the Mental Health Tribunal (MHT): at MHT and VCAT hearings, lawyers from the MHLC can represent people on compulsory treatment orders;
- the Inside Access Program: the MHLC runs legal clinics within correctional and forensic facilities in Victoria to provide free civil legal services to prisoners with cognitive impairment/mental health issues (see ‘Inside Access Program’, below);
- Advance Statement assistance: lawyers from the MHLC can help people make Advance Statements;
- the Bolton Clarke Homeless Persons Program: MHLC lawyers work with this program to provide legal support and representation to people who are at-risk of, or are experiencing, homelessness.
For more information about the MHLC, see https://mhlc.org.au.
Inside Access Program
The Inside Access Program is run by 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 A document signed by parties ending a court action. The party who began the action agrees to drop it, often in exchange for a payment by the other party. Also called terms of settlement.. 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
Independent Mental Health Advocacy (IMHA) is a 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 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 A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. on them;
- engaging and advocating directly with the person’s treating team, and/or providing 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 A document that sets out what a person wants to happen to their money and other property after they die. be visiting a mental health facility. (See ‘Contacts’ at the end of this chapter.)
Disability Discrimination Legal Service
The Disability Discrimination Legal Service (DDLS) is a community legal centre that is working towards the eradication of disability discrimination. The DDLS facilitates and promotes justice for people with disabilities by:
- assisting to prepare and lodge complaints about disability discrimination to the relevant human rights commission;
- running discrimination cases at VCAT, the Federal Circuit An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. 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.
Also, DDLS solicitors provide free legal advice over the telephone. The DDLS has 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’ at the end of this chapter.
Association of Employees with a Disability
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’ at the end of this chapter.
Other sources of legal advice
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 Chapter 2.4: Legal services that can help).
Victorian Health Complaints Commissioner
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 A way of resolving a dispute outside the court system. There are different kinds of alternative dispute resolution, including arbitration, negotiation and mediation. 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 Chapter 12.4: Privacy and your rights.) For the HC Commissioner’s contact details, see ‘Contacts’ at the end of this chapter.
Victorian Disability Services Commissioner
The Victorian Disability Services Commissioner (‘DS Commissioner’) is an independent oversight body established under the Disability Act. Since 1 July 2019, the DS Commissioner has accepted enquiries and complaints about registered Victorian disability services, including:
- DHHS and DHHS-funded disability services;
- TAC-funded disability services; and
- any complaints about the provision of disability services dated before 30 June 2019 (note that for complaints dated before 30 June 2019, this may include complaints about NDIS-funded disability services and communication with local area coordinators).
The DS Commissioner also has oversight of registered Victorian disability services in relation to:
- reviewing and investigating incident reports that relate to assault, injury or poor care;
- reviewing and investigating the deaths of people who were receiving disability services at the time of their death;
- initiating other investigations where there are allegations of abuse or neglect of an individual or that are recurring or systemic; and
- providing education and information to the disability sector about responding to abuse and neglect.
Note that since 1 July 2019:
the NDIS Quality and Safeguards Commission has had responsibility for complaints about NDIS-funded supports and services; and the National Disability Insurance Agency (NDIA) has accepted complaints about NDIA plans, reviews and early childhood early intervention services. For the DS Commissioner’s contact details, see ‘Contacts’ at the end of this chapter.
NDIS Quality and Safeguards Commission
The NDIS Quality and Safeguards Commission (‘NDIS Commission’) is a federal Found in a statute of delegated legislation. For example, a statutory authority or body is aperson or organisation that has special powers given by parliament to do work for the public benefit. body (established by 2017 Statutory rules made by parliament or by bodies the parliament delegates power to, for example a local council or a registration authority. See delegated legislation; statute.) that regulates the quality and safety of NDIS supports and services.
The NDIS Commission is responsible for implementing the NDIS Quality and Safeguards Framework. This framework provides a nationally consistent approach to help empower and support NDIS participants to exercise choice and control in relation to the disability supports and services provided to them. The framework also ensures that appropriate safeguards are in place and establishes expectations of providers and their staff to deliver high-quality supports. As at 1July 2019:
- NDIS providers in all Australian states and territories (except in Western Australia (WA)) are regulated by the NDIS Commission (WA providers are expected to be regulated by the NDIS Commission from 1December 2020);
- all NDIS providers and workers must abide by the NDIS Code of Conduct;
- NDIS providers registered by the NDIS Commission must also comply with the NDIS Practice Standards;
- registered NDIS providers must meet the NDIS Commission’s requirements under the National Disability Insurance Scheme Act 2013 (Cth) about the management of complaints, incidents, reporting, worker screening, behaviour support and the use of restrictive practices;
- any person can complain to the NDIS Commission about the quality and safety of NDIS-funded services in the states and territories where the NDIS Commission operates.
The NDIS Commission also:
- focuses on the education, The ability to understand and be held responsible by the law for your actions. It also refers to a person’s ability to understand and agree to something, such as to undergo medical treatment. Full legal capacity is reached at 18 years of age, when a child becomes an adult. building and development of people with disability, advocates, NDIS providers and NDIS workers;
- facilitates information sharing with the NDIA, state and territory authorities and other Commonwealth regulatory bodies.
For more information, see the NDIS Commission’s fact sheet, ‘Then and now for providers in Victoria’ at www.ndiscommission.gov.au/document/1226.
Victorian Mental Health Complaints Commissioner
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 the following services:
- designated mental health services, including hospital-based, community based, residential, specialist, and forensic services;
- publicly funded mental health community support services if they are not funded by the NDIS.
The MHC Commissioner can help with complaints about a person’s experience with a service, including issues such as access, treatment and care.
For the MHC Commissioner’s contact details, see ‘Contacts’ at the end of this chapter.
Equal opportunity commissions
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. If you believe you have been discriminated against because of a disability, 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). (For further information, see Chapter 11.1: Discrimination and human rights.)