On this page:
- Mental health and your rights
- How we can help
- Independent Mental Health Advocacy
- Other organisations that can help
- National Disability Insurance Scheme
- How we can help
- Disability advocacy organisations
- We also provide legal assistance for veterans
- Other organisations that can help
- Resources about Centrelink and the Disability Support Pension
- Insurance discrimination
- Other organisations that can help
- Resources about insurance discrimination
- Other ways we can help
Mental health laws in Victoria changed on 1 September 2023. You can read more about these important changes on the Department of Health .
Mental health and your rights
How we can help
Our lawyers regularly visit the mental health inpatient units of hospitals in Melbourne, Bendigo, Dandenong and Geelong.
Our other free legal services include help at court. For some matters, we can also provide you with a lawyer to help you run your case.
We also have a range of mental health and disability resources that can help you, including:
- Are you on a treatment order? (also available in Vietnamese, Arabic, Italian, Spanish, Turkish, Greek, Traditional Chinese, Simplified Chinese, Dari, Macedonian, and Persian)
- Compulsory treatment plans: do you need help from a lawyer?
- Supervised treatment orders: do you need help from a lawyer?
Independent Mental Health Advocacy
If you are on a compulsory treatment order advocates from Independent Mental Health can support you to have your say about your assessment, treatment and recovery. They will:
- listen to what you want and talk to you about your options
- give you information and support to act on your rights
- work with you so you can have your say
- refer you to other services as needed.
Find out how you can get . This service is independent, free and confidential.
Other organisations that can help
Legal services
Your local community legal can give you legal information and advice. Most services are free.
Mental Health Legal Centre provides a free and confidential legal service to Victorians with a lived experience of mental illness or involvement with the mental health system.
Victorian Aboriginal Legal Service provides legal advice, referrals and casework to First Nations people in Victoria including Mental Health Tribunal matters.
The Law Institute of can refer you to a private lawyer who can give you legal advice and represent you in court.
You can also find a private lawyer near you through the Law Institute of Victoria’s Legal Referral . All law firms included in the Legal Referral Service provide a free 30-minute interview. Note that the free interview is not 30 minutes of free legal advice. You can use this interview to understand more about the legal issue and discuss the available options and how much they will cost.
Mental health and referral services
The Department of Health is responsible for publicly funded mental health services. They have information about the Mental Health and Wellbeing , including a Mental Health and Wellbeing Act and Statements of Rights in English and other .
They also have a list of mental health service that offer advice and referral information.
Health Vic has booklets in English and other about patient rights that cover:
- involuntary patients
- restricted treatment orders
- security patients
- electroconvulsive therapy
- major non-psychiatric treatment
- non-custodial supervision orders.
Review of compulsory treatment orders
The Mental Health is an independent tribunal that makes decisions about compulsory treatment orders and electroconvulsive treatment (ECT). It hears applications by authorised psychiatrists to make orders and applications seeking revocation (cancellation) of orders.
The Mental Health Tribunal also has a range of publications and .
Guardianship and administration orders
The Office of the Public is an independent statutory office, working to promote the interests, rights and dignity of Victorians with a disability. It provides advice about advocacy, guardianship, powers of attorney (including enduring guardianship) and consent to medical and dental treatment.
The Guardianship List of the Victorian Civil and Administrative makes orders, such as guardianship and administration orders for people over 18 who may not be able to make reasonable decisions about themselves, their circumstances, or their financial and legal affairs.
Complaints
The Mental Health Complaints investigates complaints about publicly funded mental health service providers.
The Health Complaints helps people with concerns about their health service providers, including privacy of health information.
The Victorian investigates actions and decisions by:
- government departments
- public statutory bodies, and
- municipal (local) councils.
If you have not been treated fairly by the police, we have information on how you can make a complaint about police.
You can also make a complaint about harassment or discrimination.
Support services
Other services that may be able to help you are:
- Kids
- .
National Disability Insurance Scheme
Contact us for free information about the law and how we can help you to get support with the National Disability Insurance Scheme (NDIS).
We can help with some NDIS appeals. If we can’t help you, we can refer you to other organisations that can.
We are currently at capacity and can’t approve new applications for legal assistance for NDIS matters in the Administrative Appeals Tribunal (AAT).
We provide one-off legal advice appointments for NDIS matters in the AAT. To organise an appointment contact the AAT registry by:
- calling 1800 228 333
- sending an email to Melbourne.Registry@aat.gov.au
We will update this page when we have capacity to take on new matters.
How we can help
We may be able to help you with an external review in the Administrative Appeals Tribunal (AAT) by providing a free legal representative from our organisation. If you have already asked for an external review in the AAT, we also may be able to represent you if you meet our guidelines for legal assistance and an NDIS internal review decision has been made to:
- not let you join the NDIS
- stop you being part of the NDIS
- not fund (or limit) particular supports in your plan
- limit funding to you because of compensation you have received.
To apply for legal assistance please complete the form Application for NDIS Appeals Legal and email it to ndis@vla.vic.gov.au or post to:
Grants and Quality Assurance
GPO Box 4380
Melbourne VIC 3001
You may be able to get assistance from a disability advocacy organisation to prepare and lodge an application for legal assistance with our organisation.
Disability advocacy organisations
Disability advocacy organisations provide free individual advocacy and information for people with a disability in Victoria.
They may be able to provide help with preparing an application for legal assistance. They may also be able to help you with asking for an internal and external review in the AAT. You can find local advocacy organisations via the Disability Advocacy . You can also use the finder to locate disability advocacy organisations with expertise in your disability or other circumstances.
More information
- Read more about Your review rights and the NDIS.
- Read about the National Disability Insurance Scheme.
We also provide legal assistance for veterans
We may also be able to help war veterans, war widows, and their dependants with some legal matters about pensions and payments.
We may be able to provide assistance for appeals to the Administrative Appeals Tribunal from a decision of the Veterans’ Review Board for:
- decisions about pensions for war-caused injury, disease or death
- some decisions about incapacity payments and compensation payments for permanent impairment relating to warlike or non-warlike service.
War veterans do not need to satisfy a means test to get a grant of legal assistance.
Other organisations that can help
Social Security Rights Victoria
Social Security Rights is a community legal centre that provides assistance, including legal help, to people with social security problems.
Community legal centres
Your local community legal can give you legal information and advice. Most services are free.
Legal Aid Commissions (outside Victoria)
Your local legal aid can give you information and advice.
Economic Justice Australia
Economic Justice is a network of community legal centres throughout Australia that specialise in social security law.
Resources about Centrelink and the Disability Support Pension
See a list of all our free publications and .
We also have a video on Centrelink debts.
Economic Justice Australia
A range of fact sheets about Centrelink and social security matters are on the Economic Justice Australia .
Centrelink
Centrelink has online to help you estimate or compare various payments that you might get based on your circumstances.
The Services Australia website has information about Centrelink, including:
The Guide to Australian Government also has information about eligibility and payment rates for a wide range of Centrelink payments.
The Law Handbook
The Law Handbook from Fitzroy Legal Service has information about Centrelink payments and eligibility requirements:
Insurance discrimination
Other organisations that can help
Consumer Action Law Centre
The Consumer Action Law gives free legal advice and representation to vulnerable and disadvantaged consumers across Victoria. If you are an individual consumer in a dispute with a credit provider, the centre can give you free advice on your rights and obligations.
Their resources and assist consumers and consumer advocates to deal directly with complaints, disputes and problems arising in the consumer marketplace.
National Debt Helpline
The National Debt Helpline and live chat can help with debt problems by explaining your rights, giving legal information and referring you to a financial counsellor.
Consumer Affairs Victoria
Consumer Affairs provides advice to consumers, businesses and other organisations. You can contact them to:
Do Not Call Register
Register your home, personal mobile or fax number to the Do Not Call to reduce telemarketing calls. Registration is free.
Complaints
The Australian Competition and Consumer Commission (ACCC) can help you take action to resolve a consumer problem. For information about how to make a complaint and your consumer rights, read the ACCC .
If you can't sort out problems with your electricity, gas (natural or LPG) or water provider and need help you can contact the Energy and Water Ombudsman . Their website answers some of the most common questions and give you advice to assist you to handle your own enquiries and complaints. They also have an online chat service.
If you can’t resolve a complaint directly with your telephone company or internet provider contact the Telecommunications Industry .
The Victorian provides information on what to do if you have a complaint about a Victorian government body, and how they can help.
Consumer credit ombudsman service
The Australian Financial Complaints Authority is a free service for people who borrow money from credit companies(or other financial service providers), insurance companies and superannuation trustees.
Lenders have to be a member of this service. They have to tell you about this service and your rights when you make a contract.
You must complain directly to the company before you make a complaint to .
Resources about insurance discrimination
- Dealing with door-to-door sales (video series)
- Buying a car (video)
See a list of all our free publications and .
Consumer Affairs Victoria
The Consumer Affairs Victoria has information to help buyers with their rights when they are shopping, including:
- bag searches
- shop breakages
- refunds
- buying a car
- shopping online
- getting goods repaired or replaced
- getting a refund.
Consumer Action Law Centre
The Consumer Action Law website has information to help consumers with:
- resolving a dispute about goods and services
- making a complaint
- what to do if your purchase is faulty.
Australian Competition and Consumer Commission
The Australian Competition and Consumer Commission website includes information and publications for consumer and businesses. There is information about shopping online, protecting yourself from scams, getting a refund, warranties, how to write a complaint letter and consumer protection.
Australian Communications Consumer Action Network
The Australian Communications Consumer Action Network website has information about your rights for phones and the internet, including information about:
- choosing a mobile phone plan
- travelling overseas with a mobile
- tracking data and internet use
- avoiding scams
- connecting and using your NBN home phone service.
Victorian Ombudsman
The Victorian Ombudsman has information about making complaints about services from local councils, Victorian universities and TAFEs and other government organisations such as VicRoads or Fines Victoria.
Other ways we can help
Contact us for free information about the law and how we can help you with your mental health legal problem.
- Speak to us over the phone or using our online chat
- Help in your language
- Support if you are deaf or find it hard to hear or speak on the phone
If we can’t help, we can refer you to other organisations that can.
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au
Reviewed 01 September 2023