The VLRC published its inaugural Spotlight paper: ‘I want to tell my story’: the guardianship and administration confidentiality law on 20 February 2025.
Spotlights are small research papers about topics drawn to our attention by members of the community designed to encourage community debate and discussion. They do not make recommendations for reform of the law but are intended to be a resource that might assist with this process and encourage community discussion on the topic.
The idea for our first ever Spotlight was brought to us by members of the Victorian disability advocacy community.
In this Spotlight, the Commission examined the impact of a confidentiality law (clause 37 of Schedule 1 of the VCAT Act) that prohibits anyone from publishing information that could identify people who have taken part in a guardianship or administration hearing, without first getting permission from VCAT.
In our consultations we were told that the impact of the law is that it stops people from talking publicly about any of their experiences of being on a guardianship or administration order. For this reason, the confidentiality law is sometimes described as a ‘gag law’.
Disability advocates and others believe that people who are under guardianship or administration orders should have the right to publicly tell their stories if they want to, without fear of breaching the law.
The paper presents possible options for reforming the confidentiality law, outlining the risks and benefits of different approaches that could be taken.
Read the Spotlight: ‘I Want to Tell My Story’: The Guardianship and Administration Confidentiality Law.pdf
‘I Want to Tell My Story’: The Guardianship and Administration Confidentiality Law.html
An Easy Read summary of the paper is also available:
‘I Want to Tell My Story’: The Guardianship and Administration Confidentiality Law – Easy Read.pdf