About the Public Advocate

The functions of the Public Advocate are set out in section 15 of the Guardianship and Administration Act 2019.

They are:

(a) to promote the human rights of persons with a disability and the development of the ability of such persons to act independently; and

(b) to protect persons with a disability from abuse, neglect and exploitation; and

(c) to undertake advocacy for persons with a disability on a systemic or individual basis; and

(d) to manage and coordinate programs that promote the human rights of persons with a disability; and

(e) to encourage the development and operation of programs, services and facilities for persons with a disability that

(i) involve and engage persons with a disability in the provision of these services; and

(ii) develop the ability of persons with a disability to act independently; and

(iii) promote accessibility of services for persons with a disability; and

(iv) minimise restrictions on the human rights of persons with a disability; and

(f) to promote and facilitate informed public awareness and understanding by disseminating information about

(i) the provisions of this Act and other legislation dealing with or affecting persons with a disability or persons who may not have decision-making capacity; and

(ii) the role of VCAT and the Public Advocate; and

(iii) services provided to persons with a disability; and

(g) to investigate, report and make recommendations to the Minister in relation to

(i) any aspect of the operation of the Guardianship and Administration Act 2019 ; and

(ii) any function conferred on the Public Advocate by or under this or any other Act; and

(h) any other function conferred on the Public Advocate by or under this or any other Act.

The powers and duties of the Public Advocate are set out in section 16 of the Guardianship and Administration Act.

They include:

• advocating for the human rights and interests of a person with a disability
• providing information and advice about the Guardianship and Administration Act and the Medical Treatment Planning and Decisions Act 2016
• investigating allegations of exploitation or abuse of people with disability
• investigating, reporting and making recommendations to VCAT regarding the need for guardianship or administration
• being a guardian, if appointed by VCAT.

The powers of inspection of the Public Advocate are set out in section 17 of the Guardianship and Administration Act.

The Public Advocate may enter any premises on which an institution is situated and:

• inspect those premises
• see any person who is a resident of those premises or who is receiving any service from the institution
• make enquiries relating to the admission, care, detention, treatment or control of any such person
• inspect any document (excluding personal medical records) required to be kept under:
  • the Guardianship and Administration Act
  • the Disability Act 2006
  • the Health Services Act 1988
  • the Mental Health Act 2014
  • the Supported Residential Services (Private Proprietors) Act 2010.

The person in charge, and the members of staff or management, must provide the Public Advocate with any reasonable assistance. They must not unreasonably refuse or neglect to give assistance when required to do so.