Petition Remove gag laws on VCAT proceedings of individuals under guardianship or administration orders

The petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council that Clause 37 in Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 imposes a default non-publication restriction on individuals under guardianship or administration orders. These provisions, often referred to as 'gag laws', prevent people from publicly identifying themselves or speaking about their own experiences without prior approval from the Victorian Civil and Administrative Tribunal. While intended to protect vulnerable individuals, in practice, they silence people with disability, undermine open justice and deny the basic human right to tell one’s own story. 

We seek reform to introduce a targeted, rights-based framework that ends default non-publication and upholds autonomy and freedom of expression, applies protective orders only where there is clear evidence of exploitation or harm and aligns Victorian law with the UN Convention on the Rights of Persons with Disabilities and Recommendation 6.12 of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

The petitioners therefore request that the Legislative Council call on the Government to repeal Clause 37 in Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 and restore dignity, open justice, and human rights to people with disability in Victoria by introducing a targeted, rights-based framework.