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 that Clause 37 of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 automatically restrict all people who are subject to guardianship or administration orders. These restrictions, often described as 'gag laws', prevent individuals from publicly identifying themselves or sharing their own experiences unless they first obtain permission from the Victorian Civil and Administrative Tribunal. While intended as a protective measure, the default provisions can silence people with disability, reduce transparency and accountability, and deny individuals the fundamental right to tell their own stories. Currently, Clause 37 can continue to restrict a person's ability to identify themselves or speak publicly about their experiences even after their guardianship or administration order has ceased.

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.