Office of the Public AdvocateFrom the Acting Public Advocate
Hello, I’m the Acting Public Advocate for Victoria, Daniel Leighton. Dr Colleen Pearce retired as Public Advocate in October 2024 after 17 years in the role.
She has made a tremendous im
pact on the lives of Victorians with disability and has taken long service leave. I will be the Acting Public Advocate until a new appointment is made.
Fortunately, in 2023 office-wide planning sessions were held as we developed our Strategic Directions 2023–2026: our blueprint for the future. Our Strategic Directions set out the keys actions we will take to create a culture of excellence and a thriving organisation, to nurture our people, and to maximise OPA’s impact as advocates, safeguarders, educators and system influencers.
I will use this as a guide for how OPA can continue promoting access to and understanding of human rights for people with disability in Victoria. In this role I hope to uphold the standards Dr Pearce set.
High Court of Australia
Last week the High Court of Australia delivered a landmark decision that notices of visa cancellation are not valid when the recipient lacks legal capacity. OPA welcomes this decision, which is a significant victory for permanent residents and refugees with significant cognitive impairment.
In BIF23 v Minister for Immigration, Citizenship and Multicultural Affairs, the court found that the Department of Home Affairs did not give valid notice of visa cancellation to a person receiving mental health treatment while in prison (referred to as BIF23 for anonymity), as the recipient did not have capacity to understand or respond to the notice.
This sets an important precedent for the rights of non-citizens in prison or detention who have mental health and capacity issues and are subject to visa cancellation.
The court ordered that the previous visa cancellation notice be quashed and reissued to the advocate guardian at the Office of the Public Advocate.
This ruling is the result of many great organisations working together. OPA commends Forensicare for their role in bringing this case forward, highlighting the critical need for guardianship in matters involving individuals with impaired capacity. And we thank Victoria Legal Aid for providing the legal counsel.
This ruling was made during Human Rights Week. It is a timely reminder of the importance of policies and practices that uphold and affirm human rights and support those who need it.
I applaud the advocates who are calling for all people to be treated with dignity and respect. This entails equitable treatment, the ability to make personal choices, and access to the supports needed.
Closing 2024
As we head into the end of year period, I am grateful for all the support and care I've received from my colleagues as I've taken on the role of Acting Public Advocate over the last few months.
I am proud to see the dedication and resolve displayed by OPA staff every day as we work together to uphold the rights of people with disability.
The upcoming holiday season provides an opportune moment to reflect on the strides we've made and the promising opportunities that the new year holds. I wish you all a joyous holiday season and a year ahead filled with family, friendship and positive changes for all Victorians.
OPA's 2024 Annual Report
Abuse, in its various forms, remains a pervasive issue for people with disability, according to the 2024 OPA Annual Report. 
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.'
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.
You can read the full report here
Community Visitors Annual Report
The troubling living standards for adults with disability and mental health in congregate care have once again been highlighted in the 2023–2024 Community Visitor Annual Report, tabled in
Parliament this month.
Community Visitors enter a home with a lens of, ‘would I or a loved one be happy, safe, and comfortable here?’
In one house, where the building and surrounds were dirty and neglected and residents had little choice or control in their lives, Community Visitors reported a serious decline in residents’ mental and physical health.
As in previous years, Community Visitors have reported many instances of violence, abuse and neglect. They escalated over 100 individual issues in 43 notifications to the Human Services Regulator for investigation, reporting 63 instances of abuse, neglect or violence and 26 instances of abuse by other residents.
The report details the lack of support, unacceptable levels of aggression and intimidation, lack of experienced staff, and allegations of sexual assault that Community Visitors have seen across disability group homes, Supported Residential Services (SRS), and inpatient mental health facilities they visit across Victoria.
Community Visitors continue to report that many people with disability still lack the opportunity to make decisions about their living situation. This results in them living in environments that are detrimental to their health and wellbeing, limiting their ability to peacefully enjoy their home.
‘Leaving no one behind compels us to focus on the barriers people face in accessing services, resources and equal opportunities’, Community Visitors say.
You can download the full report from the OPA website.
ITP and Police Awards
On Tuesday 3 December we held the 11th Public Advocate Victoria Police Awards, and celebrated the achievements of our Independent Third Person (ITP) volunteers and police officers, stations and teams that have gone above and beyond in supporting people with disability gain access to justice.
The Independent Third Person volunteer program was created in recognition of the fact that while people with disability are no more likely to commit a crime, they are more likely to be arrested, charged and convicted of a crime than people without disability.
The Independent Third Persons Program Awards
The ITP award for metropolitan station was awarded Sunshine Police Station. In the nomination, the ITP volunteer stated ‘the police that I have dealt with at Sunshine have been totally supportive of me and my role as an ITP and appreciative of the role we play.’ In their submission they also highlighted the work of Sergeant Lamba of Sunshine Police Station, who is often the Sergeant on duty when they attend.
The ITP award for regional station was awarded Shepparton Police Station and SOCIT. In their nominations, the ITPs mentioned that officers at Shepparton Police Station and SOCIT unit always look out for the ITPs and ensure they are comfortable and safe. One ITP noted First Constable Williams and Sergeant McCabe as always going above and beyond to support clients in any way they can. One ITP noted that Shepparton SOCIT unit are very well trained and understanding of the stressful and daunting experience it can be for ITP clients.
The Public Advocate's awards
The 2024 Ben Bodna Award for Exceptional Leadership in Support of People with Disabilities, named after the inaugural Public Advocate, was awarded to Leading Senior Constable Timothy Schnepf. He received this award for his commitment and resolve in pursuing an investigation into an accused taxi drivers’ offences against numerous passengers with disability.
The Public Advocate Award for Outstanding Police Service to People with Disability was awarded to Sergeant Wallace of Melbourne North Police Station for his commitment and support of the ITP program over many years.
Congratulations to all award recipients for their dedication to improving access to justice for people with disability in Victoria.
See more about the awards on the OPA website.
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