Basic Rights Queensland (BRQ) has lodged a powerful submission to the Productivity Commission’s review of the Mental Health and Suicide Prevention Agreement, highlighting the urgent need for specialist legal assistance for people living with mental illness.
Read our submission
The submission paints a stark picture: Australians with mental health issues face serious and complex legal problems—across social security, housing, employment, discrimination, and the justice system—and often struggle to assert their rights. These legal challenges are frequently compounded by stigma, poverty, trauma, and systemic barriers, leaving many without the help they desperately need.
“Timely and trauma-informed legal help doesn’t just solve legal problems—it can reduce pressure on mental health services and dramatically improve lives,” said BRQ’s CEO James Farrell. “Our submission shows how specialist legal services can support people holistically and help them access what they are entitled to, whether that’s the Disability Support Pension or fair treatment at work.”
Since receiving targeted funding under the National Legal Assistance Partnership, BRQ has delivered specialist, statewide legal services to over 1,300 Queenslanders with mental health conditions. The service has helped clients like Peter*, whose JobSeeker payments were cut off, leaving him unable to afford medication. With BRQ’s support, Peter not only had his payment reinstated but also successfully applied for the Disability Support Pension and the NDIS.
The submission calls on governments to do more. It urges the Productivity Commission to recommend long-term funding for mental health legal services, better coordination across sectors, and a National Mental Health and Legal Assistance Strategy. Among BRQ’s key reform priorities are:
- Abolishing the Program of Support requirement, which delays Disability Support Pension access for people already assessed as having severe impairments;
- Introducing a Medicare item number for medical practitioners to prepare reports for social security claims, making it easier for low-income clients to gather evidence;
- Expanding brokerage funding to help applicants access essential medical assessments;
- Mandating co-design of new programs with people who have lived experience of mental ill-health;
- Strengthening anti-discrimination protections in the workplace, including a legal obligation for employers to provide reasonable adjustments;
- Improving administration of legal assistance funding, including faster roll-out and better coordination between governments.
The submission also shares powerful case studies, including Chau*, who faced workplace discrimination due to ADHD and autism. With BRQ’s help, Chau negotiated a fair exit and was invited to co-develop new workplace policies—ensuring other employees with disabilities don’t face the same discrimination.
“Every week, we hear from people who feel overwhelmed and defeated,” the submission notes. “But with the right support—legal advice, a compassionate advocate, and strong relationships across the service sector—they can achieve life-changing outcomes.”
The submission argues that investing in specialist legal services is not just compassionate—it’s smart policy. By resolving legal issues early, services like BRQ reduce demand on the health system, prevent homelessness, and help people rebuild their lives.
Basic Rights Queensland is a community legal centre delivering free legal help to people facing problems with Centrelink, discrimination, and employment, with a specialist focus on mental health and women’s workplace rights. Its Mental Health Legal Hub operates statewide, offering trauma-informed support by phone, online and through outreach clinics.
As the Productivity Commission prepares its final recommendations, BRQ’s message is clear: addressing mental health requires more than healthcare. It requires access to justice.
*Names changed to protect privacy.