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Villamanta is a Victorian Community Legal Centre that works only on disability-related legal issues. Our main purpose is to make sure that people in Victoria who have a disability can know about the law, and can use the law, to help get their rights. We work mostly for people who have an intellectual disability.
Find out more about what Villamanta does from our Information Booklet
We provide:
Free telephone information, advice and referral service
Villamanta has a free call number for people who live anywhere in Victoria. Anyone wanting information, advice or referral about a disability-related legal issue can call 1800 014 111 from 1.00 pm–3.00 pm Monday–Friday.
Who can use this service?
- Anyone who has a disability and lives in Victoria;
- Any advocate, friend or relative of a person with a disability;
- Carers who support a person with a disability;
- Non-government or not for profit service providers.
Who should not use the freecall number?
- People working for government departments;
- People from the media;
- Students or others doing disability studies or research;
- People wanting information about something other than a disability related legal issue;
These people are asked to pay for their call by contacting us on (03) 5229 2925.
Legal Assistance and Casework (Doing legal work for you)
In considering whether any particular work will be undertaken by Villamanta, regard will be had to the following guidelines.
A. Do the people concerned have an intellectual disability?
B. The seriousness of the issue in terms of fundamental rights.
· Whether injustice suffered by the client concerns a breach of fundamental human, civil and political rights as enumerated in the various international covenants and declarations of the United Nations, or under state or federal laws. (For example, someone who is having their liberty affected by a decision will be more entitled to our services than someone who has a complaint about their treatment by a recreational service provider).
C. The merits of the case or matter. In working out the merits of a matter, we should look at:
· When we are dealing with casework,
- The prospects of the client’s case succeeding;
- Whether the matter is one that represents/illustrates an issue of wide community concern
- Whether the client’s matter is one of public importance that may otherwise not be addressed through other legal avenues
- Whether there may be severe social or financial consequences for the client if the Centre does not act for the client.
- Whether the client’s matter may provide an opportunity to change or interpret:
- The common law on the subject
- The Statute law on the subject
- The administration of justice
- Public policy
- The practice of the law in the public interest, or
- Whether the client’s matter illustrates issues of public interest related to current law reform work being conducted by Villamanta.
D. Can someone else do it? Is there another service which works in that area and deals with these issues? If so, are they better resourced and/or better skilled than our service to deal with the particular issue/area of law?
E. How are our skills (legal, educational and/or activist) relevant to the matter?
F. Can we work collaboratively with other persons and/or organisations on the matter?
G. Is the matter one which would require more resources to properly conduct than are available to Villamanta at the time? (When considering Villamanta’s resources, we should take into account the staff and volunteer time, specialised expertise within the service as well as physical resources available at Villamanta).
We should also consider whether the client is in dispute with a party which has access to considerably greater resources.
H. Does the subject matter fall within one of the subject areas identified from time to time as a priority/focus area for the work of Villamanta?
Extract from Villamanta Disability Rights Legal Service Inc.’s Information Booklet
Who will be asked to contact another organisation instead of Villamanta?
Ø Anyone wanting information that could be used against a person or a group of people who have a disability;
Ø Anyone wanting information about a problem with someone who already uses our services;
Ø Anyone wanting information that is not about a disability related legal issue;
Ø Anyone with a problem that the legal system cannot help;
Ø Anyone likely to get better advice from someone else.
Legal assistance and casework
Villamanta has lawyers whose job, where possible, is to help people with their disability related legal problems. Because Villamanta is a small organisation it cannot do casework for, or give legal assistance to, everybody who asks for it.
Who may be able to get legal assistance and/or casework from Villamanta?
Ø Any person who has a disability and a disability-related legal problem;
Ø Any guardian, administrator, family member, friend, advocate, or other person who has been asked by someone who has a disability and a disability related legal problem to contact Villamanta on their behalf.
Villamanta usually only has one or two lawyers who work on individual cases. In working out who can get our lawyers to work for them, Villamanta thinks about the following things:
§ How serious the issue is in terms of basic rights;
§ The merits of the case, which means how likely it is to be successful (including the effect of the matter upon the client);
§ Whether it will make a positive difference for a lot of people who have a disability;
§ Whether someone else can do the job;
§ Whether we have the skills and resources that are needed;
§ Whether we can work on the problem with another person or organisation;
§ Whether the matter falls within one of our priority areas.
Priority areas
Our priority areas may change each year as we go through our annual planning process.
Some examples of current priority areas for casework are:
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Advancing the rights of people who have, or may be about to have, their finances managed by administrators
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Advancing the rights of people who have, or may be about to have, their decisions made by guardians
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Advancing the rights of people to have accommodation/services/quality of services, that meet their needs and that conform with the principles of the Disability Act 2006
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Access and equity in tribunals and with complaints mechanisms, including hearings of the Guardianship List of the Victorian Civil and Administrative Tribunal, the Forensic Leave Panel and the Disability Services Commissioner.
What sort of legal assistance and/or casework does Villamanta provide?
Some examples of things we do are:
Ø Representing people in tribunals, such as the Guardianship List of The Victorian Civil and Administrative Tribunal or the Forensic Leave Panel;
Ø Writing letters on behalf of people on matters to do with disability related legal issues;
Ø Negotiating on behalf of people on disability related legal issues;
Ø Giving advice about disability related legal issues;
Ø Supporting people to make complaints, for example to the Disability Services Commissioner.
What sorts of legal problems does Villamanta assist with?
Problems we may be able to provide legal assistance with usually come within our priority areas.
We may also provide legal assistance in other areas if important issues of law are raised which are likely to affect other people who have a disability.
When will Villamanta not be able to give legal assistance?
We do not provide legal assistance in instances when a person is likely to get better assistance and a better result from another lawyer or organisation. For example, in the case of a legal problem that is to do with a mental health issue, the Mental Health Legal Centre might be able to do a better job than Villamanta OR if the assistance is against a person who has a disability or group of people who have disabilities OR if there is a conflict of interest OR if we do not have the necessary resources. If we do not have the resources, people may possibly be placed on our waiting list.
If we are not the appropriate source of assistance, we will try to refer people to an organisation or person that may be able to assist them.
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© Villamanta Disability Rights Legal Service 2000 - Updated
7 June, 2010
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