The Office of the Public Advocate (‘OPA’) protects the rights of people with disabilities who have difficulty making decisions. You can complain to OPA if you’re worried someone is being abused, neglected, or exploited, if a guardian, administrator, or attorney is acting improperly, or if a guardianship order seems unnecessary. You can also raise concerns about how OPA staff or appointed guardians have handled a matter.
What types of complaints can you make?
You can complain about:
Guardianship-related complaints:
These are about guardians appointed by VCAT to make personal or lifestyle decisions (e.g. health care, accommodation, services). You can complain if the guardian is not acting in the person’s interests, misusing their powers, or if the guardianship order itself is unnecessary.
- Guardian not acting in the person’s interests: When a guardian ignores the person’s wishes or makes overly restrictive rules.
- Guardian failing in duties: When a guardian neglects care needs or doesn’t act to protect the person.
- Guardian misusing authority for personal gain: When a guardian exploits the role for money or benefit.
- Unnecessary guardianship order: When a person could manage their own life or be supported in less restrictive ways.
Administration-related complaints:
These are about administrators appointed by VCAT to manage finances or property. You can complain if money or property is misused, neglected, or if the order is unnecessary.
- Mismanagement of finances: When bills go unpaid or funds are mishandled.
- Financial abuse: When an administrator steals or exploits assets.
- Unnecessary administration order: When a person has regained capacity or could manage with support.
Power of Attorney complaints:
These involve misuse or neglect of authority under an Enduring Power of Attorney (EPA) or supportive appointment.
- Misuse of EPA: When an attorney ignores the person’s wishes or fails to act in their interests.
- Attorney exploiting finances: When an attorney takes money or property for themselves.
- Supportive decision-maker not following their role: When they take over decisions instead of supporting the person.
Safeguarding adults from abuse or exploitation:
OPA investigates abuse, neglect, or exploitation of adults with disability or impaired decision-making.
- Abuse or exploitation: Physical, emotional, sexual, or financial harm by carers, family, or providers.
- Severe neglect or unmet needs: When basic care like food, hygiene, or medication is not provided.
- Person at risk without support: Adults unable to manage on their own who lack a guardian or administrator.
Rights and service access complaints:
These involve denial of rights or blocking access to essential services.
- Denial of rights or supports: When freedoms, social contacts, health care, or religion are unfairly restricted.
Complaints about OPA’s own conduct or decisions:
You can complain about how OPA staff, guardians, or representatives acted, or about a decision OPA made.
- Conduct of OPA staff or officers: When OPA staff are rude, unhelpful, or fail to act.
- Disputing an OPA decision: When OPA makes a decision you believe ignores the person’s rights or preferences.
Jurisdiction:
OPA deals with complaints about guardianship, administration, and supported decision-making under Victorian law. It can also look into treatment in disability services and facilities within Victoria.
Time Limits:
There are no fixed time limits, but complaints should be made as soon as possible so issues can be properly investigated.
OPA will not deal with complaints about:
- Services or facilities outside Victoria.
- General dissatisfaction without a specific issue.
- Matters already being decided by a court or tribunal.
- Criminal behaviour.
Who can you make a complaint against?
You can make a complaint against:
Guardians, administrators, supporters, disability service providers, or staff in facilities overseen by OPA.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to OPA as long as the complaint relates to a person with disability in Victoria or decisions made about them. This includes:
- The person affected.
- Their family, carer, or guardian.
- Advocates or support workers.
- Any member of the public with a genuine concern.
Before you lodge a complaint:
There are no steps you have to take before raising a complaint with OPA. Just make sure that it is a complaint OPA has the power to hear.
Can you report an issue to the ACNC on behalf of someone?
Yes, complaints can be made on behalf of another person. You do not need written authority to raise concerns, especially if there is risk of abuse, neglect or exploitation.
What can this body do to help?
OPA can:
- Investigate complaints.
- Provide advocacy.
- Oversee guardianship or administration.
- Refer serious matters to VCAT or other regulators.
How to prepare your complaint:
Format:
Complaints can be made in writing, by phone, or online.
Personal Details:
Provide your name and contact information, or you may complain anonymously if there is enough information to act.
Respondent’s Details:
Identify the guardian, administrator, supporter, or service provider involved.
Relevant Facts:
Provide details about what happened, when it happened, and how it affected the person. Attach any supporting documents.
Lodging your complaint and next steps:
Where to lodge a complaint:
- Phone: OPA Advice Service.
- Online: Complaint form via OPA website HERE.
- Post: Office of the Public Advocate, Level 1,204 Lygon Street, Carlton VIC 3053.
Receipt and acknowledgement:
You will usually receive confirmation that your complaint has been received.
Assessment and Investigation:
OPA will assess if the complaint is within their powers. If it is, they may investigate, refer the matter to another body, or take it to VCAT.
More information:
Refer to the factsheet provided below for more information.
