Legal
People with intellectual and other developmental disabilities can come into contact with the law in all sorts of ways, due to their disability.
Some laws are designed to support people who have a disability so that they can have a fair chance to live their lives in their own way, like the law to stop discrimination. At other times, laws can make things harder for a person with a disability because of the way that the laws are used.
Through our advocacy service, DDWA support people with developmental disability and their families when there are difficulties in any area where laws have an impact on their life. We can provide information and guidance in several areas, including:
Human Rights
- Discrimination and harassment (employment, education, housing provision of goods and services)
- Employment (bullying, unfair dismissals, Occupational Safety & Health)
- Safety (protection from violence and abuse)
- Voting in government elections
Financial Protections
- Wills/Special Disability Trusts
- Contracts (entering into contracts, unfair contracts, unsolicited sales, consumer protection laws)
- Scamming
- Centrelink (Disability Support Pension eligibility)
- Superannuation
- Workers Compensation
Decision Making
- Guardianship
- Administration Orders
- Child Protection
- Enduring Power of Attorney
- Enduring Power of Guardianship
- Advanced Health Directives
Police and the Criminal Justice System
- Going to court
- Finding a lawyer
- Support for Victims
- Support for Offenders (Intellectual Disability Diversion Court, START court, Youth detention)
Resources
Sexuality, Relationships and Your Rights
What is your child's challenging behaviour trying to tell you?
The purpose of this resource is to assist families and carers with young people with intellectual disabilities to prepare them for decision-making when their child turns 18.
This book was written by DDWA to help you know what Guardianship is and how a Guardian can help you with decision-making .
(Sexuality, Relationships and Your Rights)
See pages:
69-83 Safety in relationships / unhealthy relationships
89-103 Internet safety
104-108 If you are a victim of crime or if you have been charged with a crime
(What is your child's challenging behaviour trying to tell you?)
See page 27 – Your child and the law
FAQ's
Understanding Guardianship and Administration: what you need to know when your child is approaching 18.
DDWA Services
Information, Guidance and Support
We provide information to people with disability, family members, carers and supporters, across Life Transition Stages to help you to Self-Advocate and Navigate Systems including:
- getting a diagnosis
- navigating disability services and the NDIS
- starting school and negotiating the school journey
- making friends
- turning 18
- getting a job
- staying safe and healthy
- starting a relationship
We also provide information and guidance to support you to self-advocate in any area where laws have an impact on the person with disability's life, such as information about State Administrative Tribunal (SAT) in respect to Guardianship and Administration matters, Child Protection, Enduring Power of Attorney, Advanced Health Directives and preparing for illness/death of a parent.
For a full list of the areas we cover, see our Focus Areas Page Here.
Cost – This is a free service.
Side by Side Peer Community
Side by Side began as a project in 2012 for families experiencing behaviour which could be seen as challenging. The project connects families experiencing challenging behaviour with other families though a supported peer group, an active online community and in person events. Side by Side is a safe place to receive support and help each other.
For information and how to join, contact:
Bronwyn Pike: bronwyn.pike@ddwa.org.au, or
Maggie Visser: maggie.visser@ddwa.org.au
Website: ddwa.org.au/services/family-peer-support-side-by-side
Independent Support Coordination
DDWA are a registered NDIS provider for support coordination.
We can support you to fully understand and implement the funded supports and services in your NDIS plan.
This service is currently at FULL CAPACITY.
Other Resources
- Guardianship - Private Guardian Guide (PDF)
- Wills - Disability Wills & Planning
- Property Trusts - Disability Property Trusts & Accommodation
- Being Scammed - What to do if you have been scammed
- Teaching Children Body Safety - Parents’ Guide to Child Protection Education
If an adult is not able to make sensible decisions about their finances or lifestyle, or is doing things that are not in their best interests, it may be possible for the State Administrative Tribunal (the SAT) to appoint a guardian or administrator (or both) to make decisions for them.
- A guardian makes decisions about a person's lifestyle and legal affairs, such as where they should live and who they should live with, what work or education they should be involved in, who they spend time or communicate with, and what medical treatment they should receive.
- An administrator makes decisions about a person's finances and property.
Click the button below to find some Quick Answers Videos and downloadable fact sheets about Guardianship and Administration by Legal Aid Western Australia: