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----- Original Message -----
From: Luke O'Connell
To: Luke O'ConnellSent: Wednesday, November 19, 2003 4:20 PMSubject: PWD
E-Bulletin
PWD E-Bulletin
Issue 3, November 2003
Welcome to PWD’s e-bulletin. The e-bulletin goes out to members and
interested others every fortnight by email. For members who do not have
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be added to or removed from our mailing list, or to change your email
address, please contact Luke O'Connell by email ([log in to unmask]) or on
one of the numbers listed at the end of the bulletin.
Contents
NSW news
Crisis in Service Access System: Update
Threat to Active Linking Initiative: Update
DADHC financial crisis puts services at risk
Pre-budget submission to Minister for Disability Services
Children and young people with disability in voluntary care: Update
Disability and criminal justice: At a standstill again?
Advocacy and Information Service Reform Project: Update
NSW Ombudsman releases annual report
Government responds to Making it Happen report
CountryLink train service Sydney to Canberra: Update
NSW Youth Advisory Council: Call for members
Accessing the arts launch event
High performance scholarships available for athletes with disability
World AIDS Day Sydney events
International Day Of People with a DisAbility celebration in Sydney
Other state and territory news
Therapy ACT Consultative Committee
National news
High Court decision in Purvis v State of NSW
HREOC to review insurance guidelines
Electoral Reform Project
Commercial television code of practice needs change
Review of Disability Discrimination Act: Update
DDA and drug dependence
Centre for Accessible Design and Technology
Australia's first international arts and disability festival
Bus industry access guidelines launched
FaCS review of Carer Allowance (Child) recognised disabilities
International news
UN ESCAP expert working group on a disability convention: Update
Beijing Declaration calls for rapid progress on a disability convention
Report of World Bank International Dialogue on Disability and
Development
Safety net or tangled web?
The inside story
Annual General Meeting and End of Year Dinner
Members' notices
Conferences
About PWD
Privacy statement
Return to top
NSW news
++Crisis in Service Access System: Update
On 12 November 2003, PWD met with the Minister for Disability Services, the
Hon Carmel Tebbutt, MP, with the crisis in the Service Access System (SAS)
and interim funding arrangements the principal item of discussion. The
discussion was frank and robust. PWD indicated its deep concern about the
dismantling of SAS, which in spite of its design problems was nevertheless
the only means for people in crisis to obtain organised access to services.
We argued that this system should never have been dismantled without an
improved system to replace it. PWD is aware that DADHC is currently working
on a new 'Information, Referral and Assessment Framework'. However, we
expressed concern that completion of this new framework still appears many
months off, and to date there has been no public consultation about it.
We also expressed concern that the new system appears to be exclusively
oriented to early intervention and prevention of breakdown in natural support
systems. We indicated that while we strongly support DADHC’s efforts to
develop an effective framework of early intervention and prevention, there
must also be an effective intake, assessment, and crisis response system for
people urgently requiring intensive assistance.
PWD also raised critical concerns about the withdrawal or reduction of
interim supports from people assessed as eligible for assistance under SAS.
The Minister advised us that she is informed by DADHC that all those persons
being moved from interim funding arrangements have appropriate ongoing
sustainable support options in place. PWD made strong representations that
this is not the case. We indicated that PWD is in contact with many people
who have been plunged back into crisis as a result of the withdrawal or
reduction of interim supports. We also highlighted a number of examples of
individuals being forced into totally inappropriate services, including large
residential centres, aged care facilities, and the child protection system,
as a result of the withdrawal of interim support services.
The Minister stated that she was aware of the significant levels of unmet
need for specialist disability services, and that it would take the
Government some time to deal with this level of demand. PWD acknowledged
this, but pointed out that there has already been an assumption of government
responsibility for those persons assessed as eligible for assistance under
the Service Access System and provided with interim support services. Most
are awaiting the development of ongoing support options. There was never any
suggestion that interim support was all that would be available to them.
It was clear from the discussion that the Minister is genuinely and seriously
concerned about the representations she is receiving from PWD and others
about the status of SAS and the withdrawal or reduction of interim funding
arrangements. The Minister provided an assurance to PWD that the Government
simply seeks to move people lingering on interim funding arrangements to
appropriate ongoing support services. There is no intention to withdraw or
reduce necessary support services. However, the Minister does not yet appear
convinced that there is a systemic failure to achieve this goal. At the
invitation of the Minister, PWD will be providing a selection of case studies
of people now in crisis as a result of the withdrawal or reduction of interim
supports to demonstrate DADHC’s current failure to ensure appropriate support
services are in place prior to the removal of interim supports.
Since our meeting we have learned that the Minister has now requested weekly
updates from DADHC about the status of SAS and the transfer of people from
interim to ongoing support options. We understand that the Minister has
instructed DADHC that it must ensure that appropriate support services are in
place prior to removing interim supports. We also understand that DADHC has
been requested to undertake urgent work on a system of intake, assessment and
crisis response for people with disability in urgent need of assistance.
These are very welcome developments.
Since our last update, PWD has also written to the NSW Premier, the Hon Bob
Car, MP, and the NSW Treasurer, the Hon Michael Egan, MP seeking their urgent
intervention to ensure sufficient funds are available to DADHC for support
services for people deemed eligible for assistance under SAS.
A number of disability advocacy and peak groups met on 17 November 2003 to
discuss the next steps in our efforts to have this crisis addressed.
An article about the crisis in SAS by Adele Horin was published in the Sydney
Morning Herald on 30 October 2003 and the following day several letters to
the editor in response to this article were published. News items also
appeared on Channel 7 News on 27 October 2003, and on 2BL Radio on 30 October
2003.
Adele Horin's article 'Families of the severely disabled lose home help after
budget blowout' is available from the Herald web archives for a fee.
Link to a question without notice to the Minister for Disability Services by
the Hon John Ryan about DADHC's administration of SAS, 16 October 2003.
Link to a question without notice to the Minister for Disability Services by
Greens Legislative Councillor Sylvia Hale on the SAS budget cuts, 30 October
2003.
++Threat to Active Linking Initiative: Update
The campaign to retain the Active Linking Initiative (ALI) for people with
disability living in licensed residential centres (boarding houses) continues
to escalate.
Since our last update, the Department of Ageing, Disability and Home Care
(DADHC) has announced and conducted a Review of the ALI program. Services
were given only a few days notice to respond to the Review. In response to
concerns raised by PWD and others about the absence of a consultation
strategy for ALI service users and their representative groups, DADHC staff
interviewed a small number of boarding house residents on two days notice to
obtain their views. These interviews were conducted without appropriate
communication supports for people with cognitive disability, such as
pictorial and plain-English information. These interviews have only served to
fuel service user concern that ALI may cease.
After receiving credible information that DADHC did indeed intend to de-fund
ALI services from 31 December 2003, due to critical budget pressures (see
article on DADHC financial crisis below) PWD called a crisis meeting for 5
November 2003 of ALI service providers and consumer peak bodies to develop a
campaign strategy. Non-government members of the NSW Government's Boarding
House Reform Reference Group, the Council of Social Service of NSW, and the
Australian Services Union (which has coverage over staff employed in ALI
services) also attended the meeting.
As a result of the meeting, a campaign strategy involving intensive lobbying
and public and political awareness raising was agreed. The meeting also
agreed on a cross-sectoral position statement to be put to the Minister for
Disability Services, the Hon Carmel Tebbutt, MP seeking the following
outcomes:
* A commitment to extend funding assistance to current ALI projects until
at least 30 June 2004;
* A commitment to receive a submission directly from the ALI campaign
group about the performance of, and future options for, ALI in early
December 2003;
* A commitment to take a final decision on the future of ALI and
communicate this decision to ALI provider agencies and the broader
disability consumer and community sector no later than the last week of
March 2003, thereby giving at least 3 months notice of any changes to
ALI, whether major or minor, post 30 June 2004; and
* A commitment to fully consider enhancing the resources provided to the
Boarding House Reform Strategy, which appropriately balances the need
for an adequate quality of life for residents and the continuing
viability of the boarding house sector.
PWD met with the Minister on 12 November 2003, with the threat to the Active
Linking Initiative being a major agenda item for discussion. The Minister
provided an assurance that funding for ALI would be continued beyond 31
December 2003, and that ALI providers would be given adequate notice of any
change to funding arrangements. She was surprised to learn that DADHC still
has not advised ALI providers and consumers of her decision on this. The
Minister also gave an undertaking that the quality of life of those residents
that would remain in licensed residential centres would be her foremost
concern in considering the outcomes of the Review. She agreed to receive a
submission directly from PWD and other consumer and community sector peaks to
consider alongside DADHC's proposals for the future of the ALI program. She
also gave an assurance that the NSW Government's Boarding House Reform
Reference Group would be consulted and its advice considered before any
decision was taken on the future of the ALI program.
In PWD's view, the Minister's response is reasonable considering that the
very unsatisfactory situation created by the Department now cannot be undone.
We look forward to continuing dialogue with the Minister as she considers the
future of the ALI program, with a view to securing the best possible outcome
for service users. Representatives of ALI service providers and other
consumer peaks will also meet with the Minister in the coming week under the
auspices of a delegation organised by the Council on Social Service of NSW.
In a separate development that highlights the industrial and financial risks
to non-Government organisations arising from DADHC's poor administration of
grant programs and reform initiatives, the Australian Services Union has
lodged a dispute with one ALI service provider on the basis that it is unable
to give its staff adequate notice of their employment beyond 31 December
2003. The case is currently in the NSW Industrial Relations Commission. DADHC
has been called as a party to the dispute, but so far has been unable to
provide any information to the Commission about the future of the ALI
program. The hearing has been adjourned with a direction to DADHC to provide
this information to the Commission.
Press coverage of this issue includes an article by Adele Horin published in
the Sydney Morning Herald on 10 November 2003. The day after this article was
published two letters to the editor appeared in response. Another article, by
Kim Shaw, appeared in The Glebe and Inner Western Weekly on 5 November 2003.
Adele Horin's article 'Lifeline for mentally ill under cloud' is available
from the Herald web archives for a fee.
Link to letters to the editor of the Sydney Morning Herald, 11 November 2003.
++DADHC financial crisis puts services at risk
PWD continues to receive information that suggests that the Department of
Ageing, Disability and Home Care (DADHC) is experiencing a severe financial
crisis. DADHC appears to have a very significant underlying deficit position
for the current financial year, as well as experiencing a current cash flow
crisis. PWD is aware that DADHC is reviewing a number of programs and
services for people with disability with a view to de-funding them in an
effort to manage this crisis. The most obvious examples of this to date are
the withdrawal of interim support services under the Service Access System,
and the attempt to de-fund the Active Linking Initiative (see other items in
this e-bulletin), however a number of other programs and services also appear
to be at risk.
Major drivers of this financial crisis appear to include the deficit of
$23million carried forward from the last financial year, the cost of
separation of DADHC direct services from the Department of Community
Services, the cost of implementing the new regional administrative structure,
the failure to conclude an agreement with the Commonwealth on the third
Commonwealth State and Territory Disability Agreement, and over-expenditure
in grants in necessary response to people in crisis.
A number of non-government organisations claim DADHC owes them very large
sums of money in arrears for services being provided to people in crisis. In
some cases these claims amount to more than $1million. Some organisations
claim they are on the brink of severe financial crisis themselves as a
result. Some have indicated to PWD that they will need to cease to provide
these services shortly unless the situation is addressed. A number of
organisations have also informed us they would not enter into such
arrangements with DADHC in the future in light of their current exposure.
There will be a long-term negative impact on the flexibility and
responsiveness of the service system as organisations become more risk
averse.
Recently each DADHC Region’s budget for the 2003/04 financial-year was handed
down. These budgets are obviously very late given that we are now well into
the second quarter of the financial year. There are serious concerns about
the capacity of these budgets to maintain existing services and reform
initiatives, let alone respond to new demands.
PWD has written to the NSW Premier, the Hon Bob Car, MP, and the NSW
Treasurer, the Hon Michael Egan, MP seeking their urgent intervention to
address this situation. We have also written to the NSW Auditor General
seeking an urgent investigation into DADHC’s current budget situation with a
view to ensuring that current services for people with disability are
maintained.
In a separate development, we note that the NSW Parliament Legislative
Council’s General Purpose Standing Committee No 2, which examines budget
estimates for the community services portfolio, has been recalled for 24
November 2003 to examine DADHC’s budget position.
++Pre-budget submission to Minister for Disability Services
PWD met with the NSW Minister for Disability Services, the Hon Carmel
Tebbutt, MP on 12 November 2003 and took the opportunity to present our views
on the most urgent expenditure priorities for the Disability Services Program
for the 2004/05 financial year. These proposals were made against the
backdrop of the current financial crisis in specialist disability services in
NSW arising from poor administration, critical levels of unmet demand, and
inadequately funded reform initiatives. The priorities are:
* Recurrent funding of $64million over 3 years to address unmet need for
supported accommodation, in-home support and shared care (for children).
This bid is calculated to provide intensive specialist services for
approximately 800 people either already identified as being in crisis
and determined as eligible for assistance under the Service Access
System, or who will be in similar circumstances over the next 3 years.
* Recurrent funding of $40million over 3 years to move young people with
disability out of aged care facilities starting with the youngest. This
bid is calculated to fund the relocation of approximately 500 young
people (all those under the age of 50) out of aged care facilities to
supported accommodation and in-home support arrangements in the
community. There are currently more than 2,300 young people with
disability (under the age of 65) living in aged care facilities in NSW.
* Recurrent funding of $60million over 3 years to commence Stage 2 of the
NSW Government’s program of Devolution of Large Residential Centres for
People with Disability. This bid is calculated to support the relocation
of approximately 1500 people from institutions to supported
accommodation and in-home support services in the community. There are
currently almost 2,400 people living in large residential centres in
NSW.
* Recurrent funding of $6million over 3 years for supported accommodation
for people in contact with the criminal justice system. This bid is
calculated to provide intensive, highly structured and supervised
supported accommodation for approximately 50 people with serious
offending behaviour not currently serving a goal sentence.
* Recurrent funding of $50million over 3 years to meet unmet demand and
undertake industry reform in the post-school options, Adult Training,
Learning and Support Service and day program service spectrum. This bid
is calculated to provide ongoing funding for school leavers currently
tied to time-limited initiatives, new cohorts of school leavers that
will enter the ATLAS program over the next 3 years, and to enable day
services to meet the requirements of the Disability Services Act 1993.
PWD’s full pre-Budget submission to the NSW Government will be released in
early December 2003.
++Children and young people with disability in voluntary care: Update
Between 4 and 7 November 2003, a series of consultation group meetings were
conducted on out of home care for children and young people with disability
and the unproclaimed sections of the Children and Young Persons (Care and
Protection) Act 1998 (NSW). The consultations were conducted for the Minister
for Community Services, the Hon Carmel Tebbutt by an independent consultant,
Carolyn Quinn.
In July 2003, the Minister announced that proclamation of a number of
sections of the Act would commence in stages. However, the sections relating
to voluntary care of children with disability were not included. The Minister
indicated she wanted to consult further, particularly with the disability
sector, before deciding if these sections would be proclaimed.
PWD attended the consultation group meetings to present our views. PWD argued
strongly for the proclamation of these outstanding sections of the Act. In
summary, PWD argued:
* The protections of the Children and Young Persons (Care and Protection)
Act 1998 must extend to voluntary out of home care;
* the voluntary out of home care sections of this Act must be proclaimed;
* respite must be included in the legal definition of out of home care;
* all respite services must be required to meet the accreditation
requirements and Standards developed by the Children’s Guardian; and
* sections 155 and 156 must be used as the legal trigger to address drift
in care.
PWD also developed a position statement that formally presents these
arguments. The position statement is a supplement to our May 2003 position
statement on proclamation of this Act.
Link to PWD’s current position statement on this issue.
Link to PWD’s May 2003 position statement on the proclamation of the Children
and Young Persons (Care and Protection) Act.
If you would like to find out more information about the consultation group
meetings or the position statements, please contact Therese Sands at
[log in to unmask]
++Disability and criminal justice: At a standstill again?
PWD has written both to the Minister for Disability Services, the Hon Carmel
Tebutt, MP, and the NSW Attorney General, the Hon Bob Debus, MP to express
frustration and disappointment at the lack of action by the NSW Government,
and the Department of Ageing, Disability and Home Care in particular, to
develop supported accommodation options for people with cognitive disability
(brain injury, intellectual and psychiatric disability) in contact with the
criminal justice system. High quality supported accommodation options are
essential if appropriate members of this group are to be diverted from the
criminal justice system, whether this is at the point where 'at risk'
behaviour is first identified by human service or justice agencies, as an
alternative to incarceration for people who are before the courts, or to
support the re-integration of offenders back into the community following
incarceration. In the absence of supported accommodation options, many people
with cognitive disability are being inappropriately incarcerated, where that
incarceration fulfils none of the traditional rationales of general or
specific deterrence, or rehabilitation. In a number of cases this
incarceration is also in breach of international law, and/or international
principles for the treatment of people with cognitive disability. Such
examples therefore represent a perversion of the State's criminal law.
++Advocacy and Information Service Project: Update
The Department of Ageing, Disability and Home Care (DADHC) has now completed
its public consultation process in relation to the proposed reform of
Advocacy and Information Services in NSW. We understand DADHC has now
received final reports arising from both the general consultations and the
Aboriginal and Torres Strait Islander consultations. A final meeting of both
the Advocacy Advisory Group and the Information Reference Group for the
Reform Project has been scheduled for early December. This is to be an
opportunity for the groups to provide final advice to DADHC before DADHC
provides an implementation plan to the Minister for Disability Services, the
Hon Carmel Tebbutt, MP for decision.
At a recent meeting of the NSW Advocacy and Information Service Forum (an
interagency of NSW advocacy and information services, auspiced by PWD)
concern was expressed at a suggestion from DADHC that the Advocacy Advisory
Group and Information Reference Group would not receive the outcomes of the
consultation process, nor would DADHC make available to them the proposed
policy framework or strategic directions it would be recommending to the
Minister. The Forum was concerned that the Advocacy Advisory Group and
Information Reference Group would not be able to fulfil their terms of
reference without access to this information in time for discussion at their
final meeting. At the Forum’s request, PWD has taken this matter up with
DADHC and the Minister for Disability Services, the Hon Carmel Tebbutt. We
are awaiting the outcomes of these representations.
++NSW Ombudsman releases annual report
NSW Ombudsman Bruce Barbour tabled his annual report for 2003 in Parliament
on 20 October 2003. The report covers the first year in which the former
Community Services Commission has been incorporated into the Ombudsman's
office. The report demonstrates a significant decline in the level of
activity and public profile of the (now) Community and Disability Services
Division since the incorporation.
In a media statement issued in association with the release of the report,
the Ombudsman highlighted the following concerns about core aspects of the
disability service system:
* lack of clarity and processes by which individuals gain access to the
disability service system;
* continuing poor approaches to individual planning in services;
* inadequate systems for monitoring and review of funded services and
individual arrangements.
The Ombudsman also noted that service provision for children and young people
with disability continues to be of significant concern. A major investigation
into the care of children with disability who have received crisis funding
from the Department of Ageing, Disability and Home Care has now commenced.
Link to an opinion piece by Adele Horin published in the Sydney Morning
Herald 1 November 2003 on the Community Services Commission's incorporation
into the Ombudsman's office.
++Government responds to Making it Happen report
The NSW Government has released its greatly-anticipated response to the
Making it Happen report (MIH report). The NSW Legislative Council Standing
Committee on Social Issues prepared the MIH report after extensive
consultation with the disability sector. The MIH report, released in October
2002, made recommendations about the process of tendering out of group homes,
current service provision and unmet need in residential care and respite
care.
The Government's response to the MIH report is very disappointing. The
recommendations of the MIH report are addressed, but only in a superficial
manner. The Government outlines some of the reforms introduced by the
Department of Ageing, Disability and Home Care to attempt to improve services
for people with disability, such as increased funding for personal care
services. Overall, however, the response lacks any strategic framework for
accepting and implementing the range of recommendations of the MIH report.
Link to a copy of the Government response to the MIH Report. (PDF only).
++CountryLink train service Sydney to Canberra: Update
In August this year, PWD and Disabled Peoples Initiative (ACT) made
representations to the NSW Minister for Transport about the cancellation of
CountryLink rail services between Sydney and Canberra, and the substitution
of buses on this route. At the time the Government responded quickly to
community concerns stating that the cancellation was temporary, and due to
staff shortages. However, there were widely held fears that the Ministry
viewed the route as uneconomical and intended to permanently replace trains
with buses. Accessible trains are a very important form of travel between
Sydney, Canberra and southern NSW for people with disability. Train travel is
much less expensive than travelling by plane. It is a vital link between the
cities, and the communities in-between, for people with disability needing to
attend either city for work, health appointments or to visit friends and
family. Many buses, including those used to replace the CountryLink services
during August are inaccessible for people with mobility impairments. The NSW
Minister for Transport, through his Parliamentary Secretary, the Hon Joe
Tripodi, MP, has recently responded to PWD's representations. He confirms
that the temporary replacement of the regular CountryLink XPLORER passenger
train services by road coaches was due to staff shortages and unsustainable
levels of overtime being worked by the on board crews. CountyLink has
recently undergone a recruitment process to increase staff numbers for the on
board crews. Following this recruitment drive CountryLink resumed two of the
three XPLORER train services between Sydney and Canberra from 1 September
2003. The services depart from Sydney at 7:05am and 11:44am, and depart from
Canberra at 12:15pm and 5:15pm. It is not clear if and when the third service
will be restored.
++NSW Youth Advisory Council: Call for members
Applications are being sought form people interested in being appointed to
the NSW Youth Advisory Council, particularly from young people with
experience and a keen interest in youth affairs. The Council provides a
direct avenue of communication between the young people of NSW and the NSW
Government. Application forms and an information sheet on the Council are on
the website www.youth.nsw.gov.au or by phoning 02 9228 5416. Applications
close 5 December 2003.
++Accessing the Arts launch event
Sirocco, Australia's best known world music band come together with the
Junction House Band, a group of musicians with intellectual disability, to
bring you a concert that celebrates inclusion and participation recognising
that people with disability actively participate in all aspects of society,
including the arts. Bring a picnic and enjoy the magnificent grounds of
Government House whilst listening to the music and watching the Accessible
Theatre Ensemble perform. Visit the State Rooms of Government House before or
during the day.
The launch is on Sunday 30 November, 12:00-3:00pm at Government House. Free
admission. The venue is wheelchair accessible, the opening speech will be
sign interpreted and accessible parking is available. For further information
contact Accessible Arts on 02 9251 6499 or [log in to unmask]
++High performance scholarships available for athletes with disability
NSW Minister for Tourism and Sport and Recreation Sandra Nori has announced
high performance scholarships are available for athletes with disability in a
range of sports. There are approximately 40 scholarships for $1000 to $2000
available. Past recipients of the scholarships include Michael Milton
(swimming), Louise Sauvage (track and road racing), David Hall (tennis) and
Siobhan Patten (swimming).
For an application form, contact Lynn Phillips at the Sydney Academy of Sport
and Recreation on 02 9454 0109. Applications close 28 November 2003.
++World AIDS Day Sydney Events
On Monday 24 November 2003 an AIDS Candlelight Memorial will be held
8:00pm-9:00pm at Green Park, Darlinghurst Road, Darlinghurst. To leave names
to be read at the memorial email [log in to unmask] or fax ACON on 9206
2075. The deadline for names is 2:30pm, 24 November. For further information
phone 02 9206 2110.
There will a World AIDS Day promotional stall at the Museum of Contemporary
Art (MCA), Circular Quay West, on Sunday 30 November and Monday 1 December.
The stall will provide information and giveaways at MCA and there will be a
display of AIDS Memorial Quilt panels.
++International Day Of People with a DisAbility celebration in Sydney
The Disability Council of NSW is organising a celebration of International
Day Of People with a DisAbility. Details are:
When: Saturday 6 December 2003, 12:00noon – 4:00pm
Where: Church Street Mall, Parramatta
What:
* Central stage with bands and other performances
* Information and food stalls
* Kids’ area with face painters and story tellers
* Photo display
* Giant chess set
And much more!
Information stall vacancies. There are still some vacant stalls available for
your organisation or service to join in the celebration and publicise your
work. They are free to book and hire. There are a limited number of stalls
available so book early by contacting Allyson Campbell at PWD. Bookings must
be received by Friday 28 November.
For more information about the International Day of People with a DisAbility
celebrations contact Suriya Lee at the Disability Council of NSW on 02 9211
2263.
Return to top
Other state and territory news
++Therapy ACT Consultative Committee
Therapy ACT is calling for expressions of interest for membership of its
consultative committee. The Therapy ACT Consultative Committee is a reference
committee comprised of representatives of parents/carers, people with
disabilities, relevant government and non-government service providers,
community organisations, and Therapy ACT staff. The aim of the group is to
advise and assist Therapy ACT become more responsive to the needs of its
clients and the community through input from parent/carer and client
representatives, members of the community and other service providers.
For more information, visit www.dhcs.act.gov.au/TherapyACT/ or call Pauline
Brown, Senior Manager, on 02 6205 1277.
Return to top
National news
++High Court decision in Purvis v State of NSW
On 11 November 2003, the High Court handed down its much-awaited
decision in the ‘Purvis case’ (Alexander Purvis on behalf of Daniel
Hoggan v State of New South Wales [Department of Education and
Training] & Anor).
Mr Purvis alleged that his foster son, Daniel, had been suspended,
and later excluded, from South Grafton High School, and had been
subjected to various detriments in his education, in each case on the
ground of his disability that included challenging behaviour. Mr
Purvis alleged that this treatment was contrary to the Disability
Discrimination Act 1992 (Cth) ("the DDA").
The NSW Government ("NSW") denied the allegations, and alleged that
the treatment provided to Daniel by the School was not treatment that
occurred because of Daniel’s disability, but rather occurred because
of Daniel’s behaviour. NSW’s submissions in effect sought to separate
out the origins of Daniel’s disability from its effect on Daniel’s
functioning. The Appeal to the High Court of Australia turned upon
two legal issues: how the definition of disability in the DDA should
be construed, and how the comparison required by the DDA for the
purposes of identifying direct discrimination is to be framed. PWD
sought and was granted leave to intervene in the case as Friend of
the Court to put submissions dealing with the public interest.
The Court upheld an interpretation of the definition of disability
that was consistent with beliefs long held by people with disability,
and submissions put to the Court by PWD as Friend of the Court, that
the DDA definition of disability is broad and functional. In this
respect, earlier judgments in the Federal Court of Australia that had
taken a narrower approach, by separating the origins of a disability
from its functional implications, have been shown to be wrong.
The Court also decided that in cases such as this the comparison
required is one between a person with disability and a person without
a disability where both behave in the same way. The Court found that
a student without disability but who exhibited the same behaviours
would have been treated the same way as Daniel, and that there was
therefore no direct discrimination against Daniel. (The Court
emphasised that indirect discrimination is still available to be
argued in such cases for people with a disability that affects
behaviour).
Highly regarded as an advocate for people with disability across the
state, Mr Purvis now faces the prospects of having to meet the
balance of NSW’s legal costs, after his Legal Aid indemnity for costs
is taken into account. PWD believes that Mr Purvis’ actions in
bringing this claim were taken in the public interest, and will
advocate for NSW to waive its right to claim those costs from Mr
Purvis.
The transcript of the High Court decision can be found at
www.austlii.edu.au/au/cases/cth/high_ct/2003/62.html.
++HREOC to review insurance guidelines
Disability Discrimination Commissioner, Dr Sev Ozdowski has announced
a review of the Human Rights and Equal Opportunity Commission's
(HREOC's) Guidelines for providers of insurance and superannuation
under the Disability Discrimination Act. This announcement follows
representations to HREOC by PWD and others raising concerns about the
continuing discrimination on the ground of disability by insurance
providers. Discrimination in insurance has also been a key theme to
emerge in consultations conducted by the Productivity Commission in
its review of the Disability Discrimination Act 1993. The Guidelines
were first issued in 1998. They were designed specifically to apply
to the life insurance and superannuation industries.
Initial comments on the Guidelines are sought by 18 December 2003.
HREOC will then circulate a draft revision of the Guidelines for
final comment prior to their adoption. More information about the
review can be found on the HREOC website at
www.humanrights.gov.au/disability_rights/inquiries/insurance_rev/notice.htm.
++Electoral Reform Project: Update
On 14 November 2003 the Australian Electoral Commission (AEC) and the
Human Rights and Equal Opportunity Commission jointly hosted a
roundtable with key disability groups to consider reforms to the
Australian electoral system to make it more accessible for people
with disability. This roundtable arose, in part, from representations
PWD has made to the AEC and all other Australian electoral
commissions calling for disability access measures. The roundtable
provided an excellent opportunity for the AEC to outline some of the
legislative and operational constraints on reform in this area. A
clearer understanding of these constraints better informs disability
sector advocacy initiatives. As a result of the roundtable, the AEC
has agreed to an ongoing dialogue with the disability sector to
identify and pursue those reforms that are within its power. This is
likely to include the establishment of a disability consultative
committee on electoral reform. The AEC has also recently updated its
Disability Action Plan.
In a separate development the Productivity Commission has identified
electoral reform to provide for better access for people with
disability as a key issue in its review of the Disability
Discrimination Act, which was recently released (see the article on
the review of the Act below). Unfortunately the draft recommendations
contained in the Commission’s interim report do not go far enough.
PWD intends to take this matter up in its final submission to the
review.
++Commercial television industry code of practice needs change
PWD this week called on the Commercial Television Australia (CTVA) to
include ethical guidelines for interviewing people with cognitive
disability into its Commercial television industry code of practice
as a matter of urgency. The CTVA is the industry body that represents
and regulates the content of all commercial free-to-air television
stations and the code of practice covers all the regulations of the
industry.
The code of practice has been of concern to PWD for some time,
however recent interviews, particularly on TCN 9’s Sunday Program
Snowtown murders on 14 September 2003, have again highlighted the
need for immediate development of new guidelines. PWD is concerned
that journalists should take a strong ethical approach to
interviewing people with cognitive disability that ensures the person
does not inadvertently compromise their legal rights, or disclose
misleading information because they think the disclosure of this
information will please the interviewer. PWD has urged the CTVA to
include guidelines that ensure that the person has access to legal
advice about the implications of what they are disclosing, and to
ensure that an appropriately skilled non-legal 'support person' is
present during the interview to advise the person.
To read the code of practice, visit the CTVA website at
www.ctva.com.au/control.cfm.
++Review of Disability Discrimination Act: Update
The Productivity Commission has released its draft report of the
Review of the Disability Discrimination Act 1992 (Cth) (DDA). The DDA
is under review as part of the Federal Government’s ongoing National
Competition Policy review of all Federal legislation. The review is
examining the impact of the DDA on people with disability and the
broader community; whether the DDA is 'effective' in meeting its
objectives; if the DDA is anti-competitive; access and equity issues
and ways the DDA could be improved. Draft findings and
recommendations cover all these areas. PWD is pleased to see that
many of the issues it raised in its evidence to the Commission have
been picked up. However, there is still considerable work to be
done.
The draft report is available in PDF at
www.pc.gov.au/inquiry/dda/index.html and in hard copy form from the
Commission (details below).
Submissions. The Productivity Commission has called for submissions
in response to the draft report from individuals and groups. The
submissions do not have to be detailed or formal and can be made to
the Commission by letter, email or tape. Submissions can also be kept
confidential if requested. Submissions may be sent by mail, fax or
email to the Commission (details below).
The Commission has also provided a feedback form that is located at
www.pc.gov.au/publications/feedbackform.html.
No final date has been given for receipt of submissions. However, if
you would like to present your submission to a public hearing of the
Commission submissions will need to be sent to the Commission two
weeks prior to hearing appearances.
Public hearings. The Commission will hold public hearings in all
capital cities from January 2004. No dates appear to have been
finalised yet. If you would like to present your submission to the
hearing you will need to complete a public hearing registration form
available from the Commission.
For further details contact:
By mail: Disability Discrimination Act Inquiry, Productivity
Commission, Locked Bag 2, Collins Street East, Melbourne VIC 8003
By fax: 03 9653 2305
By email: [log in to unmask]
Website: www.pc.gov.au/.
++DDA and drug dependence
Recently the Prime Minister announced his intention to amend the
Disability Discrimination Act 1992 (Cth) to make it clear that the
definition of disability in the Act is not to be interpreted as
applying to people who are impaired by drug addiction. The reasons
for this initiative are not yet clear. At this stage the Government
has not produced an exposure draft of its intended Bill. PWD will be
following this matter closely and will be making submissions to the
Government, Opposition and Independents. The Government’s few recent
statements, and those of commentators on the issue may be found at on
the ABC’s website at
www.abc.net.au/rn/talks/8.30/lawrpt/stories/s985813.htm.
++Centre for Accessible Design and Technology
PWD has joined in efforts to establish an Australian Centre for
Accessible Design and Technology. The Centre will aim to become a
national and international centre of excellence on issues relating to
access, mobility and assistive technology and devices. The centre
will promote the concept of universal design and its application not
only to the built environment, but also to equipment and technology.
Many organisations are currently involved in specific aspects of
access and technology, however these efforts are fragmentary and
uncoordinated. There is no national focal point to bring this work
together to share ideas, develop best practice, prevent duplication,
or contribute to the policy agenda. The Independent Living Centre NSW
Inc is spearheading this initiative. Apart from PWD, the initiative
is supported by a number of major service providers including the
Northcott Society and the Paraplegic and Quadriplegic Association of
NSW.
++Australia’s first international arts and disability festival
Wataboshi Music Festival is Australia’s first international arts and
disability festival produced by Access Arts, a non-profit
community-based arts organisation that works with people experiencing
disability and disadvantage to pursue their creative ambitions. Over
eight days during the festival, traditional and contemporary artists
from thirteen cities in Asia-Pacific and Australia deliver a diverse
program of classical and contemporary music, live theatre, comedy,
cabaret, literature, visual arts, workshops and forums. The festival
runs 16-23 November at the Brisbane Powerhouse. For further
information contact the Brisbane Powerhouse on 07 3358 8600,
[log in to unmask] or visit www.brisbanepowerhouse.org.
++Bus industry access guidelines launched
The Bus Industry Confederation recently launched its Bus and coach
operators’ guidelines for the Disability Discrimination Act. The
Attorney-General, Phillip Ruddock MP, and Acting Disability
Discrimination Commissioner, Dr Sev Ozdowski, who were at the launch,
both commended the Confederation on its initiative in developing the
guidelines. The guidelines should assist operators and manufacturers
to comply with the Disability Standards for Accessible Public
Transport under the Commonwealth Disability Discrimination Act.
++FaCS review of Carer Allowance (Child) recognised disabilities
The Department of Family and Community Services (FaCS) is undertaking
an independent review of the Carer Allowance (Child) Lists of
Recognised Disabilities. The Lists of Recognised Disabilities form
part of the Child Disability Assessment Determination introduced in
1998 to assess eligibility for Carer Allowance. The Lists identify
those disabilities or medical conditions that automatically qualify a
carer for the Carer Allowance (Child).
A discussion paper is available on the FaCS website
www.facs.gov.au/disability under ‘What’s New’ or by contacting the
Department by phone 02 6244 6409 / 02 6244 1821, TTY 1800 672 682 or
email [log in to unmask] Submissions can be
sent to this email address or by post to List of Recognised
Disabilities Review, Carer Section, Box 7788, Canberra ACT 2610.
Submissions must be received by 5 December 2003.
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International news
++UN ESCAP expert working group on a disability convention: Update
The outcomes of the United Nations Economic and Social Council for the Asia
and Pacific Region (UN ESCAP) Regional Expert Working Group Meeting on a
Convention on Disability and Human Rights have been released. The Asia and
Pacific text proposal for the convention, known as the 'Bangkok draft', the
general recommendations adopted and final report of the meeting are now
available on the WorldEnable website at
http://www.worldenable.net/bangkok2003a/.
++Beijing Declaration calls for rapid progress on a disability convention
Asian and Pacific Governments met from 4 to 7 November 2003 in Beijing, China
to consider the development of an international convention on disability and
human rights. In particular, the meeting considered the Bangkok text proposal
for the convention developed by the United Nations Asia and Pacific Region
Expert Working Group (see article above). At the end of the meeting regional
governments issued a declaration reaffirming their commitment to the
development of a convention on human rights and disability. They called on
the international community to achieve this goal as soon as possible. The
Declaration calls for the convention to take a human rights approach and to
incorporate both civil and political as well as economic social and cultural
rights. The declaration also emphasises the importance of international
dialogue and cooperation to the achievement of the human rights of people
with disability. The Beijing Declaration can be found at
www.worldenable.net/beijing2003/beijingdeclaration.htm.
++Report of World Bank International Dialogue on Disability and Development,
Helsinki, May 29-30, 2003
People with disability in developing countries face many barriers that are
different to those faced by people living in countries such as Australia. As
well, much of the focus in development aid is medical or preventative, as
opposed to rights based. The International Dialogue on Disability and
Development report details a recent meeting held to discuss how disability is
addressed in development aid, policy and practice. Judith Heumann, the report
author, is Disability Advisor to the World Bank and is a woman with
disability. Phillip French, PWD Executive Director, met with Ms Heumann and
other World Bank representatives mid-2003 to discuss disability and
development issues in the Pacific Region. The executive summary of the report
provides a good overview of the international forum, which highlighted a
broad range of issues and had some interesting suggestions for future work.
The executive summary of the report can be found at
www.disabilityworld.org/06-08_03/development/dialogue.shtml.
++Safety net or tangled web?
The US-based Urban Institute has released a report of a recent seminar that
examines US services and programs for people with disability within the
context of changing human service delivery frameworks. The seminar is part of
an ongoing research project conducted by the Institute. The seminar Chair is
a former US Attorney General, who is the father of a child with disability
and was involved in the passage of the Americans with Disability Act (ADA).
While there are many differences between US and Australian systems, there are
many similarities, particularly in welfare reform approaches and questions
and problems the US is grappling with. The report provides a great overview
of the system, with figures about how many people receive the various types
of support. In a country of 240 million people, the level of access seems
very low.
To download a copy of the report in PDF visit
www.urban.org/Template.cfm?Section=NewReports&NavMenuID=73.
Return to top
The inside story
++Annual General Meeting and End of Year Dinner
Notices informing PWD members of the Annual General Meeting (AGM) and End of
Year Dinner have been sent out. Details are:
When: Saturday 29 November
AGM - 4:00pm-6:00pm
End of Year Dinner – 7:00pm-9:00pm
Where: Boronia Room, Hornsby RSL Club, 4 High Street, Hornsby
RSVP: Allyson Campbell at PWD by Monday 24 November.
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Members' notices
++Vale Bill Rigney
With great sadness we report the death of Bill Rigney on 14 November 2003.
Bill was actively involved in Access Plus - Spanning Identities, disability
and sexuality initiatives, PLWHA NSW and efforts to promote HACC services to
people with HIV. He will be greatly missed by all of us who worked with him
and knew him.
A wake will be held for Bill on the afternoon of Saturday 22 November 2003.
For details, please email Rob Lake at PWD ([log in to unmask]).
++The East Coast Cycle Challenge: Raising money for the blind youth of
Australia
On 29 November Darren Fittler, a current member and past employee of PWD,
will set out with 11 others to ride a bicycle from Brisbane To Sydney. Money
raised by the ride will benefit Blind Citizens Australia (BCA) and will be
used for youth-oriented programs and projects. Darren is the Chairperson of
the World Blind Union Asia Pacific Youth Committee and believes strongly in
the importance of developing the capacity of young people with disability to
advocate for themselves and others and to move into positions of leadership.
Darren is vision impaired and hopes to promote a positive image of people
with disability in the community, to raise the awareness of BCA and its
services and of course to also raise lots of money for the blind youth of
Australia. Darren, and the rest of the East Coast Cycle Challenge team is
looking for support in the way of sponsorship or cash donations. To learn
more about the ride and how to make a contribution please visit the East
Coast Cycle Challenge website at www.cyclechallenge.org, send an email to
[log in to unmask] or contact Darren Fittler on 0409 442 544.
Return to top
Conferences
++21 November 2003
Mental Health Coordinating Council Seminar Series, Spring 2003
Three speakers will present at this seminar on the topics of duty of care and
other issues in relation to the proposed review of the Mental Health Act,
advocacy and lobbying skills, and submission writing. The seminar will be
held at the NSW Writers’ Centre, Rozelle from 9am and costs $30 for MHCC
members / $80 for non-members. For the full program or to register contact
MHCC on 02 9555 8388 [log in to unmask]
++26-28 November 2003
Asia Pacific Disability Forum Inaugural Meeting and Conference, 'Disability
in the New Millennium', Singapore
The Asia Pacific Disability Forum inaugural meeting and conference,
'Disability in the New Millennium', will be held in Singapore at the YWCA
Canning Lodge, 26-28 November 2003. The meeting and conference set out to
support UN ESCAP resolution 58/4 on promoting an inclusive, barrier-free and
rights-based society for people with disability in the Asia and Pacific
region in the 21st Century. It also aims to promote the 2nd Asian and Pacific
Decade of Disabled Persons 2003–2012. For more information visit the website
at http://apdf.theseabledpeople.org.sg.
++8-12 December 2003
Pacific Disability Forum meeting, conference, and women’s forum, Suva, Fiji
The Pacific Disability Forum is holding its second meeting and conference in
Suva, Fiji from 8-12 December 2003. The focus of the meeting will be the
finalisation of the Constitution and Strategic Plan for the Pacific
Disability Forum. The Conference will focus on disability and development and
disability and human rights issues in the Pacific region. Prior to the
meeting there will be a Women’s Forum to consider gender perspectives on the
conference themes, and in the development of PDF. For further information
contact Damian Griffis at PWD (email: [log in to unmask] or Sainimili Tawake
at Disabled Peoples' International Oceania Sub-regional Office (email
[log in to unmask]).
++2-5 July 2004
Seventh National Deafblind Conference: 'Deafblind and moving on', Melbourne
For information about the conference, contact the conference organiser, Annie
Rose on 03 9824 4288 or [log in to unmask] Proposal for presentations
at the conference are sought; contact Despina Karidis at the Deafblind
Association on 03 9882 7055 or [log in to unmask] For conference updates,
see the Association’s website at www.dba.asn.au.
Return to top
++About PWD
People with Disability Australia Incorporated (PWD) is a national disability
rights and advocacy organisation. Its primary membership is people with
disability and organisations primarily made up of people with disability. PWD
also has a large associate membership of other individuals and organisations
committed to the disability rights movement. PWD was founded in 1981, the
International Year of Disabled People, to provide people with disability with
a voice of our own. We have a cross-disability focus; we represent the
interests of people with all kinds of disability. PWD is a non-profit,
non-government organisation.
For information about membership of PWD, contact Allyson Campbell by email
([log in to unmask]) or on one of numbers below.
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++Privacy statement
We are committed to protecting your privacy. In doing so, we commit ourselves
to conforming to the Privacy Amendment (Private Sector) Bill 2000, which came
into effect in December 2001 and the National Privacy Principles issued by
the Australian Privacy Commissioner.
This newsletter is distributed by email. You have provided us with an email
address. This email address will be used only for the purpose for which you
have provided it and you will not be added to any other mailing lists unless
you specifically request that this be done. Your email address will not be
disclosed without your consent. You can have your email address removed from
the mailing list for this newsletter by sending an email to
[log in to unmask]
This newsletter contains links to websites. We cannot be held responsible for
the privacy practices (or lack thereof) or the content of such websites.
Return to top
If you would like to receive PWD E-Bulletin in an alternative format or have
an enquiry, contact Luke O'Connell by email or by one of the means below.
People with Disability Australia Incorporated
PO Box 666 Strawberry Hills NSW 2012
Phone 02 9319 6622, toll-free 1800 422 015
TTY 02 9318 2138, toll-free 1800 422 016
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