Disability: Asserting your rights

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.

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;
• legal advice and representation before the Mental Health Tribunal and VCAT for people subject to compulsory mental health treatment orders;
• the Inside Access Program, which provides free civil legal services and other support services to people in some of the forensic facilities in Victoria;
• assistance to write advance statements of preferences; and
• Health Justice Partnerships, by which MHLC staff work with the Bolton Clarke Homeless Persons Program to provide legal support and representation to people who are at-risk of, or are experiencing, homelessness.

For more information about the MHLC, visit https://mhlc.org.au.

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 and the Federal Court;
• providing legal advice on sexual harassment and discrimination against 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 Disability Discrimination Act 1992 (Cth) and Equal Opportunity Act 2010 (Vic);
• 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.

For more information about the DDLS, visit www.ddls.org.au. For DDLS’s contact details, see ‘Contacts’ at the end of this chapter.

The Association of Employees with a Disability Legal Centre (AED) is a state-wide service that provides free legal advocacy for people with disability who experience difficulties and/or discrimination in the areas of employment and education. AED also provides legal representation at the Administrative Appeals Tribunal for reviews of decisions made by the National Disability Insurance Agency (NDIA).

Although the focus of AED’s work is to seek legal remedies in cases of disability discrimination, AED operates within a human rights framework to promote and protect the rights of people with disability and to give them better access to justice in employment and education through the legal arena.

For more information about AED, visit www.aed.org.au. For AED’s contact details, see ‘Contacts’ at the end of this chapter.

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).

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 alternative dispute resolution methods, 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 12.2: Privacy and your rights.)

For more information about the HC Commissioner, visit https://hcc.vic.gov.au. For the HC Commissioner’s contact details, see ‘Contacts’ at the end of this chapter.

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:

• Department of Health (Vic) and disability services funded by the Department of Health (Vic);
• 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 NDIA has accepted complaints about NDIA plans, reviews and early childhood early intervention services.

For more information about the DS Commissioner, visit www.odsc.vic.gov.au. For the DS Commissioner’s contact details, see ‘Contacts’ at the end of this chapter.

The NDIS Quality and Safeguards Commission (‘NDIS Commission’) is a federal statutory body (established by 2017 legislation) 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 1 July 2021:

• NDIS providers in all Australian states and territories are regulated by the NDIS Commission;
• 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, capacity 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 Common­ wealth regulatory bodies. For more information about the NDIS Commission, visit www.ndiscommission.gov.au.

For the NDIS Commission’s contact details, see ‘Contacts’ at the end of this chapter.

The Mental Health and Wellbeing Commission (MHWC) is an independent statutory entity established under the Mental Health and Wellbeing Act 2022 (Vic). It holds government to account for the performance, quality and safety of Victoria’s mental health and wellbeing system.

The Mental Health and Wellbeing Commission:

• supports people with lived experience to lead and partner in reform and play a key role in leading actions to reduce stigma related to mental health.
• provides a system-monitoring and oversight role, handles complaints, conducts investigations, and promotes effective complaint handling by publicly funded Mental Health and Wellbeing Service Providers (Vic);
• publishes reports on the performance, quality and safety of the mental health and wellbeing system and works to improve the mental health and wellbeing of Victorians.

For more information about the MHWC visit mhwc.vic.gov.au. For the MHWC’s contact details, see ‘Contacts’ at the end of this chapter.

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);
• education;
• clubs and community organisations (if receiving government assistance or on government land);
• accommodation;
• sport;
• 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 or the Australian Human Rights Commission. (For further information, see Chapter 11.1: Discrimination and human rights.)