When Should I Contact the Public Advocate?

Sometimes it can be confusing – as an individual or even as a support organisation or legal representative – to know who to contact for advocacy (or even what advocacy services are there in the first place!).

Advocacy means speaking up for, or taking action on behalf of, another person, to protect their rights, enable them to present their views, and check that decisions being made or the services being provided allow them to live their best life.

The Public Advocate, as a statutory authority, will often step in to advocate for an individual where they are unable to get other supports (like family, a legal guardian or carer, or community advocacy organisation) and are facing a situation where they may be at risk of their rights being breached and/or of abuse, exploitation, or neglect.

The Courts or ACAT may request the Public Advocate to attend hearings relating to CYPS decision-making about children and young people, involuntary mental health treatment orders, or other matters (such as Personal Protection Matters). They often do this where they believe one or more parties may have impaired decision-making ability (for example, because of an intellectual disability, cognitive impairment, or young age) and have nobody else (like a parent/carer or guardian) advocating for them.

Individuals or organisations can and should contact us if they feel someone’s human rights may be at risk, they do not have good representation (in a Court or ACAT Hearing) and they may have impaired decision-making abilities (either because of their disability/mental health or simply because they are a child or young person).

You can also contact us if you feel a group of individuals might be at risk, due to an organisation’s practices, the law, or maybe this group are “falling through the cracks” and nobody seems responsible.

If you think you might need help from the Public Advocate, please contact us. If we are not able to help, we will give you some suggestions on where you can go.

We are not a legal service and cannot provide legal advice. If you need legal advice, you should contact your lawyer or Legal Aid ACT: www.legalaidact.org.au

Click here to go to the Human Rights Commission Contact Page where you can find our phone number, email address and an enquiry form (just specify you’d like to contact the Public Advocate): Contact Us - ACT Human Rights Commission