Human Rights Commission Act 2005

The public advocate has the following functions:

to advocate for the rights of people with a disability and, as part of advocating for those rights, doing the following:

fostering the provision of services and facilities for people with a disability;

supporting the establishment of organisations that support people with a disability;

encouraging the development of programs that benefit people with a disability (including advocacy programs, educational programs and programs to encourage people to act as guardians and managers);

promoting the protection of people with a disability from abuse and exploitation;

to advocate for the rights of children and young people and, as part of advocating for those rights, doing the following:

fostering the provision of services and facilities for children and young people;

supporting the establishment of organisations that support children and young people;

promoting the protection of children and young people from abuse and exploitation;

to represent forensic patients before the ACAT or a court;

to listen to and investigate concerns from children and young people about the provision of services for the protection of children and young people;

investigate matters in relation to which the public advocate has a function;

monitoring the provision of services for the protection of children and young people;

dealing, on behalf of people with a disability and children and young people, with entities providing services;

any other function given to the public advocate under this Act or any other territory law.

The public advocate also has functions under the Children and Young People Act 2008, the Guardianship and Management of Property Act 1991 and the Mental Health Act 2015.

In this section:

a physical, mental, psychological or intellectual condition;

a condition that would make a person a forensic patient.

apprehended by a police officer because the person’s behaviour or statements indicate to the officer that the person may have a mental disorder or mental illness; or

found by a court or the ACAT to be unfit to plead; or

acquitted of a criminal charge because of mental impairment; or

found guilty of a criminal offence and is, or while serving a sentence of imprisonment has become, a person with a mental disorder or mental illness.