The Independent Third Person (ITP) Program is coordinated by the Office of the Public Advocate (OPA). OPA is an independent statutory agency which represents the interests of Victorian people with disability. Our aim is to promote the rights and dignity of people with disability, and to Strengthen their position in society.
An ITP is there to assist a person who has a cognitive disability (intellectual disability, acquired brain injury or dementia) or a mental illness during an interview or when making a formal statement to Victoria Police. The person may be a victim, witness or suspect. The role of the ITP is to:
- facilitate communication
- assist the person to understand their rights
- support the person throughout the process
The ITP will be independent of police and the investigation, and will be objective and without judgement or bias in performing their role.
A person with a cognitive disability or mental illness may be particularly disadvantaged in their dealings with police, as they may experience difficulties with:
- comprehending complex ideas
- processing information quickly
- understanding legal rights
- maintaining concentration for extended periods
- increased susceptibility to suggestive questioning, or
- being submissive to people in a position of authority.
Victoria Police Operating Procedures require police members to contact an ITP when interviewing a person with a cognitive disability or mental illness, to assist the person with any difficulties and ensure that the process is fair.
An ITP should be present when a witness, victim or suspect who has a cognitive disability or mental illness is to be formally questioned by police. An ITP may also be present during preliminary discussions or when a statement is being taken.
Police will rely on their experience, observations of the person and general questioning (such as where a person lives, works or attends school, or contact with services) to determine whether a person may have a cognitive disability or mental illness. A person with a cognitive disability or mental illness can request police to arrange an ITP if they are going to be interviewed. A relative, friend or other person may also advise police if an individual requires the assistance of an ITP.
An ITP is a volunteer who is trained and registered with OPA. All ITPs have experience with people with cognitive disability and mental illness and have an understanding of police procedures and the difficulties that may arise in a police interview for the person. ITPs are required to attend regular update training sessions conducted by OPA. ITPs are available throughout Victoria.
Police may choose to use a relative or close friend of the person, who is not associated with the police inquiry, if a trained ITP is not available.
An ITP will talk to the person privately before the interview to explain their role and establish a rapport with the person. During this time, they will also assist the person to understand their legal rights. For a suspect in a crime this will include:
- the right to silence - ensuring that the person understands that they have a choice about whether they will answer questions or not
- the right to legal advice
- the right to contact a friend or relative.
For a victim or witness who is making a statement to police, this will include:
- the importance of telling the truth
- the right to decide not to proceed with a complaint at any time.
The ITP will sit with the person throughout the process, and will actively participate to facilitate communication. This may include:
- helping the person understand their rights
- ensuring that questions asked by police are understood
- asking the police to rephrase a question if they believe the person may have difficulty in understanding
- providing assistance to contact a lawyer if requested
- helping to understand any legal advice given
- providing assistance to contact a friend or relative if requested
- ensuring the person understands the consequences of their choices
- requesting a break during an interview if the person is becoming distressed, confused or unable to concentrate.
If the ITP is of the opinion that the person does not fully understand their rights or their circumstances at any stage of the process, they will advise the police of this.
An ITP is not an advocate and cannot advise a person what they should do. An ITP cannot provide legal advice. However, they will support the person to contact a legal service if the person would like to seek legal advice.
Police have contact details of trained ITPs available in their area. It is the responsibility of police to contact an ITP when required. The person with a cognitive disability or mental illness, or someone close to them, can request that the police arrange an ITP if required.
If you have any queries or need advice regarding the ITP program at any time please contact OPA. An emergency after hours service is available.
OPA also operates an advice line during office hours, and can assist with enquires about the rights and services relevant to people with disabilities.