Disability advocacy
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Advocacy is work that is intended to support people in asserting their rights and interests, or that asserts their rights and interests with them. Advocacy may be for individuals or be about changing laws, systems and policies.
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Disability advocacy services are divided into generalist and specialist services. The generalist services are usually tied to a local area and do not cover the whole of Victoria. Specialist services may be state-wide or local. Usually, specialist services either work on specific issues or are connected to a particular type of disability. For example, the Victorian Mental Illness Awareness Council works with people who have a mental illness. The Association of Children with a Disability advocates on issues affecting children and their families.
To find the most appropriate disability advocacy service for your needs, contact the Disability Advocacy Resource Unit (DARU) (see ‘Contacts’ at the end of this chapter).
Support for advocacy services
Advocacy services have established a network called Disability Advocacy Victoria.
Self-advocacy
The role of self-advocacy organisations is to assist people with disability to advocate for themselves in all aspects of everyday life.
For more information, contact the Self Advocacy Resource Unit (see ‘Contacts’ at the end of this chapter).
Citizen advocacy
Citizen advocacy programs link people with disabilities to community volunteers. Volunteers advocate on behalf of people with disabilities and assist them in accessing community services and gaining their rights. Citizen advocacy organisations are based regionally. Contact DARU to find your local organisation.
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See entry above under ‘Protections from abuse and unfair treatment’.
See ‘Contacts’ at the end of this chapter.
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The Independent Mental Health Advocacy (IMHA) is a state-wide non-legal advocacy service for consumers who are receiving or feel 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 VLA but is not a legal service. IMHA is free, confidential and independent.
From 1 September 2023, IMHA became an opt-out service. This means that, by law, IMHA will contact a consumer at key points if they are experiencing compulsory treatment, unless a consumer tells IMHA not to contact them.
IMHA is one of a range of mechanisms established to achieve the supported decision-making objectives of the MHW Act. IMHA advocates are always guided by the consumer and their preferences about their treatment and recovery. IMHA advocates provide information on rights and options available such as second opinions, advance statement of preferences etc. and also supporting with self-advocacy. IMHA advocates can advocate to treating teams for consumers and can also connect consumers to other services such as legal services including VLA, and other safeguarding bodies such as the Second Psychiatric Opinion Service and the MHWC.
See ‘Contacts’ at the end of this chapter.
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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:
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; and
provides free information about a range of disability rights topics.
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. MHLC helps with general civil legal matters, Mental Health Tribunal advice and representation, an Inside Access program in some prisons and a Partners in Community program working with health and allied services to help people who are homeless or at risk of homelessness with their legal issues. MHLC has an Online Help guided pathway for legal assistance.
(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 and Family Court of Australia and the Federal Court;
providing legal advice and representation on sexual harassment and discrimination of women in the workplace;
running community legal education sessions for professional and community groups to raise awareness about disability and to provide information on the DD Act and the EO Act; and
conducting community development research projects to investigate and challenge current social, economic and legislative issues affecting people with disability in the community.
The 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 disability. 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.
(See ‘Contacts’ at the end of this chapter)
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A private lawyer, community legal centre or VLA may also be able to assist with legal issues relating to disability, treatment or discrimination (see Chapter 2.3: Legal services that can help).
Disability advocacy
Chapter: 8.1: Understanding disability and the law
Contributor: Philip Grano, Former Principal Lawyer, Office of the Public Advocate; Naomi Anderson, Legal Practice Manager, Villamanta Disability Rights Legal Service
Current as of: 1 September 2024
Law Handbook Page: 704
Next Section: Taking instructions from clients who have a cognitive impairment
