Office of the Public AdvocateAbuse, in its various forms, remains a pervasive issue for people with disability, the Office of the Public Advocate (OPA) said in its 2024 annual report tabled in Parliament today.
Financial abuse or exploitation was the most reported form of abuse with OPA guardians regularly seeing financial abuse experienced by NDIS participants who are exploited by their NDIS providers, the report said.
“Where previously the target was a person’s life savings or assets, this year OPA has observed that a person’s NDIS funding is what motivates attempts at financial exploitation.” (p.7)
Abuse and neglect
OPA staff identified 3149 instances this year where a person with a disability was suspected of experiencing abuse or neglect. In 560 of these matters, immediate action was required to ensure the person’s safety. In addition, OPA’s volunteer Community Visitors identified a further 327 issues of abuse throughout the year.
Financial abuse or exploitation was present in 120 instances, up from 74 in 2023. This was followed by impairment-related abuse, where a person’s disability is used as a lever of control (97 instances, up from 57 last year), psychological or emotional abuse (91 instances compared to 73 in 2023) and neglect (66 instances, up from 46).
“OPA has heard of and had direct experience of NDIS participants with large packages being given incentives such as cigarettes or illicit drugs to encourage them to change service providers and accommodation,” the report noted.
“[OPA] is concerned about the apparent ease with which some NDIS providers can exploit multiple NDIS participants without detection or any apparent consequence.” (p.12)
OPA’s 2024 Annual Report highlights other key themes noted through the work of the office including family violence, NDIS, restrictive practices, experiences of Aboriginal clients and overreliance on guardianship.
Ongoing work with other organisations is required so that guardianship is not perceived as an automatic pathway for young people with a disability exiting the child protection system, the report said. This is especially important for Aboriginal young people. (p.23)
“While amounting to a small number of people, it is concerning that in the past year OPA guardianship clients aged under 20 years increased 233% (from 6 to 20 people).” (p.24)
OPA also notes the “unacceptably high rates of use of restrictive practices across the Australian aged care sector” (p.14) impacting the right of older people with disability to live freely, with dignity and autonomy, and to receive the support they need to do so safely.
OPA’s Advice Service also received calls redirected to OPA from the national elder abuse phone line, highlighting the need for an agency to protect at-risk adults.
“These callers are often desperate, upset and angry because they have been redirected by multiple services. Unfortunately, OPA does not have the capacity to investigate reports of abuse, particularly when there may not be evidence of the victim having a disability.” (p.7)
Need for agency to protect at-risk adults
There is currently no agency in Victoria with a clear statutory function of safeguarding and supporting at-risk adults, a critical gap that OPA has consistently advocated for change on, including to the Disability Royal Commission and in Line of Sight: Refocusing Victoria’s adult safeguarding laws and practices (2022). Last year, the Office of the Public Advocate’s (OPA) Advice Service received 8,052 requests for advice or urgent assistance in supporting people with disability across Victoria.
OPA once again calls upon the Victorian Government to designate a dedicated agency with the mandate to receive and assess reports of suspected violence, abuse, neglect or exploration concerning at-risk adults.
Quotes attributable to former Public Advocate Dr Colleen Pearce AM:
“When I started at OPA 17 years ago, I sought to illuminate the devastating impacts of violence, abuse, neglect and exploitation experienced by people with disability, whether within a private home or within group-based residential settings.”
“My final effort in this space is to look at the deeply concerning experiences of National Disability Insurance Scheme (NDIS) participants, vulnerable to being targeted by people purporting to provide services, whose intention is to drain their NDIS funding.”
Dr Colleen Pearce retired as Public Advocate in October 2024, after 17 years in the role. She was Public Advocate for the duration of OPA’s 2024 Annual Report.
Daniel Leighton is Victoria’s Acting Public Advocate, a position he has held since October 2024. As Acting Public Advocate, he is the guardian of last resort for adults with disability in Victoria.
Quotes attributable to Acting Public Advocate Daniel Leighton
“I acknowledge that guardianship, can inherently limit a person’s human rights and should be used as a last resort when there is no other way to protect and promote the person’s wellbeing."
“This is why OPA has taken initiative to promote the use of supported decision-making where possible and divert appropriate matters from guardianship. However commensurate funding and resourcing is required to develop a market for supported decision-making, and to have it funded in people’s NDIS plans.”
For more insights into OPA's initiatives, adult safeguarding law improvements, proposed solutions, and projects to amplify the voices and inclusion of people with disability in our community, please refer to OPA's 2024 Annual Report, which has been tabled in Parliament today.
