Advocacy
About this page
The Office of the Public Advocate (OPA) provides last resort advocacy that focuses on the best interests of the person with a disability who is at risk of abuse, exploitation or neglect.
Advocacy is a crucial way to protect and promote the rights of people with a disability. Each year we provide advocacy for more than 300 people.
Last resort means we only provide advocacy to people who have no other advocacy options. Our role is to advocate when all other advocacy options have failed.
The principle of best interest means our advocacy focuses on solutions that are in the best interest of the person with a disability. This is different to individual or client advocacy, which supports the person with a disability to achieve their preferred outcomes.
OPA must operate according to the principles outlined in the Guardianship and Administration Act 1986. This means all our work must promote the best interests of people with a disability.
A further principle of the Act specifies that the wishes of the person with a disability must always be considered. However, best interest advocacy may result in an outcome that the person with a disability does not always agree with.
How do we find out about a problem?
Most people contact us via our Advice Service. We hear about advocacy issues from people with disabilities, community members, government and non-government agencies and VCAT. Many people with severe cognitive disabilities do not have the capacity to contact us themselves. It is vital that other people raise issues for them.
What do we do?
We help by making phone calls, writing letters or arranging meetings. In some situations we might help with making formal complaints, mediation or legal cases.
Advocating for Kevin – a case example
Kevin had been diagnosed with a borderline personality disorder. This is a complex mental disorder that leads to behaviour that is excessive and overwhelming for others. People with borderline personality disorder usually fear abandonment. They often have trouble relating to others and experience extreme emotions. When the Office of the Public Advocate became involved with Kevin he was not receiving support from a mental health service.
Kevin had a long history of contact with the criminal justice system. He also had a range of complex medical problems. One of his problems required surgery. The hospital refused to treat Kevin because of his difficult and sometimes violent, behaviour.
A caller rang OPA’s Advice Service to talk about Kevin’s difficulty in getting medical treatment. The matter was referred to an advocate at OPA, and the advocate made a referral to a mental health service to seek their involvement. The advocate also contacted the Office of the Health Services Commissioner to discuss the hospital’s refusal to treat Kevin. This Office advises and helps Victorians who have a problem with a health service.
The Office of the Health Services Commissioner arranged conciliation sessions with the hospital. The aim of these sessions is to bring people together to agree on a solution. The advocate attended these sessions. Together they discussed all the concerns. They agreed on ways to support Kevin and the hospital staff so that Kevin could be treated.