Foundations for change: OPA’s engagement with Aboriginal people with disability

As part of its commitment to truth-telling, the Office of the Public Advocate has produced Foundations for change, a reflection on the office’s engagement with Aboriginal people with disability.

Foundations for change focusses on clients within OPA’s adult guardianship program and the Independent Third Person (ITP) Program. The Public Advocate is appointed by Victorian Civil and Administrative Tribunal (VCAT) as the guardian of last resort under the Guardianship and Administration Act 2019. The Public Advocate delegates her powers and duties to OPA guardians who are allocated to work with represented persons. The ITP volunteer program supports people with cognitive disability during Victoria Police interviews and procedures.

The report highlights the sector’s overreliance on OPA services as a catchall for Aboriginal people with disability, who are falling through the gaps of targeted services. OPA is committed to championing human rights and advocacy to reduce this overreliance.

The report found: 

• 5% of all people represented by an OPA guardian in 2022–23 were Aboriginal people, compared to just 1% of the Victorian population.

Of these Aboriginal clients under guardianship:

• 89% were NDIS participants (or were in the process of becoming a participant)
• 59% had experienced mental illness
• 22% had experienced contact with the criminal justice system
• 32% had experienced primary homelessness
• 88% of Aboriginal clients under 30 had experienced past involvement in their lives of child protection services.

OPA recognises that it must provide culturally safe services, and that it has a vital role to play in advocating for equivalent systemic changes. The impact of systems that are not culturally safe has been highlighted within OPA’s work.

OPA is striving to better understand the historical factors that compound problematic overrepresentation and is looking at actions it can take to reduce the making or continuation of guardianship orders for Aboriginal people with disability.

Watch: Public Advocate, Dr Colleen Pearce AM, introduces 'Foundations for change' report