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Discrimination law case notes
Ingram v QBE Insurance (Australia) Limited
Case note on Re Ingram v QBE Insurance (Australia) Limited (Human Rights) [2015] VCAT 1936 (18 December 2015), including facts, decision and commentary regarding whether the inclusion of a blanket mental health exclusion in the travel insurance policy QBE issued to Ms Ingram, and its decision to reject her claim by relying on that clause on the basis of her disability, was unlawful discrimination for the purposes of the Equal Opportunity Act 2010(Vic).
Read the Ingram v QBE Insurance case note.
Bevilacqua v Telco Business Solutions
Case note on Re Bevilacqua v Telco Business Solutions (Watergardens) PL (Human Rights) [2015] VCAT 269, including facts, decision and commentary regarding whether morning sickness is a disability for the purposes of the Equal Opportunity Act 2010 (Vic).
Read the Bevilacqua v Telco Business Solutions case note.
Mental health law
PBU & NJE v Mental Health Tribunal
Case note on PBU & NJE v Mental Health Tribunal [2018] VSC 564 including background, decision and commentary regarding a person’s capacity to give informed consent to treatment under the Mental Health Act 2014 (Vic).
Read the PBU & NJE v Mental Health Tribunal case note.
Understanding PBU and integrating capacity principles into your advocacy
This guidance note has been prepared to assist lawyers build on their understanding of PBU & NJE v Mental Health Tribunal [2018] VSC 564 and integrate the key capacity principles into their advocacy.
Download Understanding PBU and integrating capacity principles into your advocacy.
Developments relating to the Mental Health Act 2014
Read Mental health law for developments relating to the Mental Health Act 2014.
Migration law
Self-help kit for prisoners with mandatory visa cancellations
We have put together a 'self-help kit' to assist prisoners whose visas have been mandatorily cancelled.
This kit explains the mandatory visa cancellation process in more detail and will help you to draft your own response to the Department seeking a revocation of its decision.
Download the Mandatory visa cancellations – self-help kit.
Debts owed under the Status Resolution and Support Services Program
We have prepared resources to assist clients who have been told by Centrelink that they owe money due to an overpayment whilst receiving financial assistance under the Commonwealth Government’s Status Resolution and Support Services Program.
Our fact sheet Debts owed under Status Resolution and Support Services Program:
- how you can seek a review of Centrelink’s decision
- what happens if you do not pay the debt when it is due
- what you can do if you are unable to repay the debt
- how to make a complaint about Centrelink.
See Advising on debts owed under the Status Resolution and Support Services Program for the handy checklist for lawyers when advising clients who have been told they have a SRSS debt.
National Disability Insurance Scheme
Please note that significant changes are being made to the National Disability Insurance Scheme, and these resources are in the process of being reviewed for accuracy. You can read a summary and a timeline of the changes prepared by the National Disability Insurance Agency.
Fact sheets for lawyers and advocates
We have prepared the following fact sheets to help you assist clients:
Self-advocacy for the NDIS (mental health)
Independent Mental Health Advocacy have released a new resource which aims to help people experiencing mental health issues to self-advocate for what they need under the National Disability Insurance Scheme (NDIS). The workbook was developed following a co-design process, in partnership with VMIAC and Tandem. It covers everything from applying for the NDIS, to plans, appeals and reviews.
View the ‘Self-Advocacy for the NDIS (Mental Health)’(opens in a new window) workbook.
NDIS case note
In McCutcheon v National Disability Insurance Agency [2015] AATA 624, the Administrative Appeals Tribunal considered the provisions of the National Disability Insurance Scheme Act 2013, and the relevant rules and operational guidelines which govern decisions about ‘reasonable and necessary supports’ that can be funded by the NDIA. It held that chiropractic treatment for the applicant was a ‘reasonable and necessary support’ under the NDIS and set aside the decision of the NDIA.
Read McCutcheon v National Disability Insurance Agency case note
Working with Children Check case notes
PQR v Secret ary, Department of Justice and Regulation (No 1)
This 2017 case note includes facts, decision and commentary regarding the legal effect of a pseudonym order. The Supreme Court found that a pseudonym order issued under the court’s inherent jurisdiction has the effect of wholly protecting the anonymity of a party to a proceeding. Therefore, the court refused an application for a proceeding suppression order under section 18(1)(a) of the Open Courts Act 2013 (Vic).
Read PQR v Secretary, Department of Justice and Regulation (No 1) case note.
PQR v Secretary, Department of Justice and Regulation (No 2)
This 2017 case note includes facts, decision and commentary regarding the interpretation and application of the ‘unjustifiable risk’ test in sections 13(2) and 26B(1) of the Working with Children Act 2005 (Vic). The Supreme Court found that proper administration of the test requires determining whether giving the assessment notice would pose an unjustifiable risk to the safety of children. This decision will have a particular impact in cases where applicants have prior offences that are serious, but do not create a direct risk to children.
Read PQR v Secretary, Department of Justice and Regulation (No 2) case note.
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