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About the Public Advocate

发布时间:2026-09-17 | 浏览:1
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The Public Advocate is an independent statutory officer, with considerable legislative power to promote and safeguard the rights and interests of people with disability. The Public Advocate was established under the Guardianship and Administration Act 1986 and continues under the Guardianship and Administration Act 2019 . The Public Advocate is supported by around 100 staff and more than 450 volunteers. Dan Stubbs was officially sworn in as the Public Advocate on 15 October 2025. He officially commenced at the Office of the Public Advocate on 17 November 2025 when he assumed full responsibilities as Public Advocate. Dan is passionate about the rights and entitlements of people with disability. As a person with disability (Dan has a vision impairment and uses a screen reader for all written material), he understands first-hand the importance of ensuring everyone has access to the information and supports they need to fully participate in the community. Prior to joining OPA, Dan was the Victorian Disability Workers Commissioner, Dan has also worked in the community legal sector and in developing countries where he led work on disability and human rights. Dan also has a long history of leadership in Australian systemic advocacy organisations of people with disability. Dan has degrees in law and in Commerce; and post-graduate qualifications in Development Economics and Legal Practice. Functions of 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. Functions of the Public Advocate The functions of the Public Advocate are set out in section 15 of the Guardianship and Administration Act 2019 . (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. Powers and duties 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. Powers and duties The powers and duties of the Public Advocate are set out in section 16 of the Guardianship and Administration Act.
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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. Powers of inspection 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. Powers of inspection 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 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. Downloadable Resources Further information Follow the Public Advocate on LinkedIn Office of the Public Advocate Phone 1300 309 337 Deaf or impaired hearing users Volunteer login Other languages Feedback and complaints Zero tolerance policy OPA is proudly inclusive. OPA acknowledges the Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land on which we work. We pay our respects to Elders past and present, and acknowledge their continuing connection to land, sea and community. Abusive, aggressive, intimidating, threatening, or otherwise disrespectful behaviour towards OPA staff will not be tolerated.
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