Liberty Victoria is profoundly concerned that some aged care providers may conflate the notion of medical incapacity with legal capacity and this denies many vulnerable residents their right to participate in, and determine, his or her own legal affairs. In some circumstances this denial can also have significant consequences for the individual’s wellbeing.

Liberty Victoria recognizes the significant value of committal proceedings and the role they play in ensuring adequate disclosure, promoting the early resolution of cases before the courts, minimizing impact on vulnerable witnesses and ultimately easing pressures on the criminal justice system. Such proceedings enable an accused person to be apprised of the case against them and assess the strength of the evidence, but also give the prosecutor an opportunity to properly evaluate the case that has been assembled.