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Post by bear on Feb 16, 2021 12:19:59 GMT 7
It's quite concerning IMO that in a representative democracy legislation would be required to protect participants giving testimony to a RC into their own cohort. This surely doesn't pass the pub test for me!! Cheers bear
Your community had a HUGE win!Our Greens bill to strengthen privacy protections for witnesses who give evidence to the Disability Royal Commission passed the Senate with the support of Labor and the cross-bench.Even though they opposed the bill and voted it down in the House of Reps, losing the vote in the Senate has clearly spooked the Morrison government. A spokesperson for the Attorney General stated that although they support the intention of our Greens bill they voted against it because they want to take it even further with a bill of their own. If this logic makes no sense to you, you’re not alone! Here’s the kicker: the government hasn't given us a date. Will you help us keep the pressure on by calling the Attorney General’s office and asking when they plan to introduce their bill? Disabled people want to know that they are safe to tell their stories to the Disability Royal Commission, and that the evidence they give will not be used against them after the Royal Commission ends. This lack of detail is unacceptable and we’ve waited long enough. Today, the Disability Royal Commission recommences hearings for 2021 in Brisbane on the experiences of people with cognitive impairment in the criminal justice system. That's why it’s more important than ever that our Royal Commission can hear evidence from as many people as possible. We need to keep the pressure on the Attorney General to follow through with his promise to fix this issue. Will you call the Attorney General’s office and ask them for a date that this bill will be introduced? Attorney General Christian Porter Canberra: (02) 6277 7300 Perth: (08) 6296 7255 Together, we can get this important change into law so that our Royal Commission can do the work to achieve justice for our community. Yours in determination, Jordon Steele-John Spokesperson for Disability Rights & Services contact-federalmps.greens.org.au/civicrm/mailing/view?reset=1&id=015225e4def5f844
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Post by bear on Mar 22, 2021 13:46:11 GMT 7
Advocates dismayed after government further delays urgent privacy reforms for disability royal commission witnesses
Labor, the Greens, and disability advocates have called for greater privacy safeguards for disability royal commission witnesses to be passed urgently amid fears key whistleblowers are opting not to come forward.
Disability advocates say they are disappointed by the government’s failure to legislate urgent reforms to strengthen privacy safeguards for witnesses at the disability royal commission during this week's Senate sitting period, delaying the changes for more than six weeks. The amendments to the Royal Commissions Act, introduced in the Senate on Wednesday, would address a loophole that allows the identity of witnesses to be released following the conclusion of the inquiry. Advocates say the lack of privacy protections have stopped potential whistleblowers from coming forward. Labor and the Greens have called on the government to pass the amendments as a matter of priority, more than a year after the chair of the disability royal commission, Ronald Sackville, first requested the changes. The amendments will now be delayed until both houses sit again on 11 May at the earliest, giving rise to fears the commission will continue to miss key evidence 18 months after it commenced. “The government has had plenty of time to have resolved the issue, it should have been put in place at the start of building the disability royal commission rules,” Sam Connor, president of People With Disability Australia (PWDA), told SBS News. “There needs to be adequate consultation time, it needs to be prioritised, and it should have been done a long time ago.” If passed, the Royal Commissions Amendment (Protection of Information) Bill will allow certain witnesses who disclose instances of violence, abuse, neglect or exploitation to have their identity sealed indefinitely. Currently, witnesses are able to participate in private sessions and request confidentiality only for the duration of the inquiry. But Greens senator Jordon Steele-John, who lives with cerebral palsy, said there are concerns the bill in its current form will not cover whistleblowers who wish to anonymously disclose instances of systemic abuse as opposed to the mistreatment of individuals. Greens Senator Jordon Steele-John has long campaigned for a royal commission into the treatment of people with disability in Australia. Source: AAP “If the government had produced this legislation at any point before 48 hours before the parliament rose, I think we would have been able to consult with experts properly, offer suggested amendments, amend the legislation, and pass it through,” he told SBS News. There is an “incredible amount of frustration among the disability community” who want to see the issue addressed, he added. “It’s yet another delay in something that has taken 18 months, which could have been done in a matter of weeks.” Labor’s NDIS spokesperson, Bill Shorten, said it was “bewildering” that the government hadn’t acted to legislate the changes after he wrote to the Acting Attorney-General Michaelia Cash urging her to prioritise the reforms this week. “Unfortunately, the government, when it had a chance yesterday to prioritise improving the confidentiality and privacy rights of people wanting to give evidence to the royal commission, has just put it on the backburner,” he said. “The bill isn’t everything that we want, but it would be better than nothing at all.” He also questioned why the government did not support a private bill introduced by Senator Steele-John in October last year - which passed the Senate last month with the support of Labor - despite expressing support for the amendments. Senator Cash did not respond to SBS News’ request for comment before publication. Last week she said there were “a number of ways that a royal commission can protect information provided and the identity of witnesses even after the royal commission has ended”. “This could include the use of private sessions or pseudonyms or the making of do not publish orders,” she said. “It is clearly a matter for the Royal Commission as to how it applies these protections.” A disability royal commission spokesperson has previously told SBS News it welcomes the government's plans to amend the legislation - which they said should encourage further participation of people with disability in the inquiry - but declined to comment on the recent delay. ‘This is what it looks like for people with a disability’ Advocates have long-campaigned for witnesses at the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability to be afforded the same privacy protections as those who gave evidence to Child Sexual Abuse Royal Commission. They say the lack of privacy safeguards has contributed to people with disability feeling they cannot share their stories, especially if they still live in the setting where the alleged abuses occurred. “When your disability service provider is your landlord, as well as the person who provides your support, we're talking about support that ranges from making sure you have food, making sure that you have shelter, making sure you're able to go out every day,” Ms Connor said. “Can you imagine what it’s like having to rely on that person to make sure you’re able to tell a story about them … and then know you wouldn't have privacy and they would find out exactly what you have said about them. “This is what it looks like for people with a disability.” Announcing the planned changes in October last year, Attorney-General Christian Porter - who is currently on medical leave - said the government would “work swiftly” to introduce the amendments during the Autumn sitting of Parliament. He said the changes would be an important step in ensuring the royal commission “is guided by people’s experiences and that its outcomes are based on a true reflection of those experiences”. "We want people in the community to engage fully with the royal commission," he said. 'Urgent' extension still not granted The government has also faced criticism over its delay in approving a request for a 17-month extension to the commission, first requested by Mr Sackville when he handed down the inquiry’s interim report in October last year. At the time, Mr Sackville said the Commission was not “a sprint, it’s a marathon” - noting the terms of reference covered by the inquiry were larger than any other royal commission in the past 20 years. Mr Sackville wrote to Prime Minister Scott Morrison and Mr Porter again in December last year stressing the urgency of the request, but is yet to receive a decision. If granted, the final report would be handed down on 29 September 2023 - almost a year and a half after the original deadline of April next year. Last week, Senator Cash told SBS News a decision on the commission’s request for an extension would be announced in due course. “The fact they have delayed on this issue as well is a further demonstration of a really concerning pattern of delay when it comes to this commission,” Senator Steele-John said. “They are setting the thing up to fail, and that is not okay.” About 2.4 million people with a disability aged between 18 and 64 had experienced some form of violence in their lifetime as of 2016, the inquiry’s interim report found. The commission’s next public hearing, which will examine the NDIS and service providers, is due to begin in Sydney on 24 May. A free national legal service has been established to assist people to share their story with the commission. The service, called Your Story Disability Legal Support, is independent of the inquiry and funded by Legal Aid. People with disability who are impacted by violence, abuse, neglect or exploitation are also able to contact the National Counselling and Referral Service on 1800 421 468 for counselling support or to be connected to a counsellor or advocate near you. Support is free, independent and confidential. www.sbs.com.au/news/advocates-dismayed-after-government-further-delays-urgent-privacy-reforms-for-disability-royal-commission-witnesses
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Post by bear on Mar 24, 2021 19:04:59 GMT 7
Ugh. The Royal Commission into the neglect of disabled people is… neglecting disabled people
You’d be forgiven for not noticing, with everything else going on, but this week it was revealed that only 22.5% of witnesses at the Royal Commission into Violence, Abuse, Neglect and Exploitation of People have had a disability.
That’s right. The Royal Commission in to the neglect of disabled people has neglected to talk to disabled people it.What is the point of asking if Australia neglects the disabled community if they neglect to even ask the disabled community? It is a symbol of how absolutely ed it is in this country when disabled people try to be heard. As a disabled person, I was initially excited to see the Australian government finally take the issue of abuse and neglect of disabled people seriously when they announced the commission. According to the ABS, disabled people are twice as likely to be victims of violence compared to non-disabled people. It is a serious issue in this country and not only was it finally going to be discussed, but the government also actually wanted to hear from disabled community talking about our issues. In this country, people tend to talk on behalf of disabled people, rather than let us talk for ourselves. This is ableism at its worst, but we can’t solve it because we aren’t the ones talking about it! It’s a veritable circle of patronisation. The disabled community has a phrase we like to use when talking about media discussions surrounding disabilities, “Nothing about us without us.” But it seems we need to start applying that rule to Royal Commissions too. The witnesses for the Commission are chosen by Chair, the Honourable and not disabled Ronald Sackville. When asked by SBS about the fact that only 22.5% of witnesses were disabled, he denied that it meant disabled people were underrepresented at our own commission. “The Royal Commission is required to explore how systemic issues develop and what the solutions to them might be,” he said. “This means that evidence must be sought from a variety of witnesses.” Sackville wants to hear from carers, managers, family members and ‘representatives’, who currently have power over disabled people. In other words, the most common abusers of disabled people. That those with power over disabled people are the most common abusers has been known for decades and is why experts suggest going directly to the disabled community. Talk to us directly, rather than the people ‘representing’ disabled people, and you get very, very different results. Of course, disability groups aren’t demanding 100% of witnesses be disabled. But they are saying we should at least be the majority. Obviously, there are experts who can give insight who are not disabled, but that shouldn’t mean the firsthand experience of potential victims is not immensely important. All you have to do is look to the Aged Care Royal Commission for an example of how prevalent the issue is. And we aren’t just underrepresented by the witnesses. Of the seven commissioners only two have a disability. What the actual ? The Royal Commission was supposed to be the first time disabled voices in the country have had a chance to be heard. Instead, it’s yet another example of able-bodied people talking on our behalf. One in five Australians has a disability, but apparently, it’s asking too much for them to get a voice in this country. Of course, the blame runs to the very top. The total cluster that is currently trading as the Morrison Government was always going to shit the bed on this one. Disabled people aren’t Rupert Murdoch, they aren’t a boy’s club, or a mining company hell bent on destroying the planet, so the government was never going to try too hard to make it work. It was poorly designed and the government is only getting around to fixing some of the issues now, just as it’s almost done. Over a year ago, the Chair of the Commission called for changes that would grant abuse victims anonymity and offer assistance to people who wanted to come forward but couldn’t. Such measures are not uncommon for inquiries into abuse. It was a very needed step, especially for disabled victims who rely on their abusers to get their basic needs to survive. Bipartisan support for the recommendation was immediate, meaning all the minister in charge had to do was put forward and implement the bill. According to Labor, it would have taken just 48 hours to implement the proposed change. That was over a year ago, yet it still hasn’t happened. Which minister couldn’t be bothered to introduce the change to help victims get help they desperately need? Well, that would be Attorney-General Christian Porter. I know it’s shocking right? He has such a flawless reputation. Since taking stress leave, someone else finally did his job for Porter. But because the bill wasn’t about helping out family or mates, the Morrison government has screwed it up. The proposal they put forward late this week is not the same one that they said they would put forward a year ago. As a consequence, it now needs to be debated and examined once parliament comes back. One thing they did debate last week was a proposal by the opposition to extend the commission so that victims have a proper chance to come forward. That was rejected by the government point blank. Of course, the way that the government can get away with this neglect is unsurprising. Who is holding them to account? Not the media. In many corners of the media, disabled people are basically there as fodder for ‘Inspiration Porn’. The term originates from a Ted X talk by Stella Young. Essentially it is when disabled people are used as objects to tell stories of ‘overcoming adversity in order to try and survive’. This important story doesn’t fit into that narrative and in frustratingly predictable fashion it has gotten very little coverage. Disabled people don’t exist for your inspiration, such depictions are demeaning and spread false expectations of disabled people. So if there are any journalists or editors reading this: hi, how’s it going? I know, you are thinking ‘wow disabled person managed to come up with opinions all on his own, how inspirational’. But it would be great if instead of being inspired by me, you could instead, just for a moment, focus on the rampart abuse of disabled people, and push for action by those in power. Is that too much to ask? Throughout this whole process one thing is clear, the disabled community needs allies to help amplify our voices because the government and the media sure as hell won’t. theshot.net.au/national/ugh-the-royal-commission-into-the-neglect-of-disabled-people-is-neglecting-disabled-people/
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Post by nomadic on Mar 24, 2021 21:42:42 GMT 7
Still no mention of the abuses the disabled have suffered from Centrelink. I have been contacted by the commission asking for my evidence in round about ways but so far only lip service. It would be as good as winning lotto if I could tell my story to the world but I imagine there are others with far more horrific stories of abuse by Centrelink than mine even. Will we be heard? My bet is no but I live in hope.
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Post by bear on Apr 1, 2021 7:07:28 GMT 7
Australia’s $1bn disability employment service criticised over poor outcomes and reduced employment
New issues paper by the royal commission raises concerns about the ‘lack of support’ and ‘specialised disability knowledge’ for clients
The federal government’s outsourced employment services scheme for people with disabilities has come under fresh scrutiny, this time from the disability royal commission.An issues paper released by the royal commission on Wednesday said the inquiry had received several complaints about the disability employment service (DES) program, worth about $1bn a year in contracts paid to private companies and non-profits. “The problems most frequently raised were a lack of appropriate support, poor client outcomes, and clients being placed in jobs that did not match their skills, interests or abilities,” the paper said. “Responses described experiences with DES consultants who lacked specialised disability knowledge or failed to act in the client’s best interests,” the paper said. The royal commission asked a special adviser, emeritus professor Ron McCallum, to seek the views on why people with disability are less likely to be employed and are more likely to have lower incomes than people without disability. McCallum said the workforce participation rate for people with disabilities was about 53%, compared to about 80% for those without disability. “Those rates have not moved for 20 years,” he said. The paper noted employment among people with disability had fallen by 3% over the past decade, according to one submitter, while the labour force participation of people without disability increased by 23% in that period. People with disabilities faced attitudinal barriers – such as discrimination when applying for jobs or working with an employer – as well as structural barriers, which included problems with the DES program. Jobseeker payment recipients who have an illness or disability can be referred to the DES program, and must engage with the provider to continue to receive welfare payments. Those on disability support pension payments can also be referred to or receive services within the DES program, where they are supposed to receive more specialised job training and referrals to suitable jobs. But McCallum said people who had responded to the paper were “not very satisfied” with the DES program. According to the Western Australian Association for Mental Health, most DES providers do not require their consultants to have disability specific qualifications, the paper said. “Some responses spoke about DES providers having high caseloads, being under-resourced and having high staff turnover rates,” the paper said. “Responses also described the administration burden on service providers and punitive measures for participants who are considered ‘non-compliant’.” National Disability Services, a peak body for service providers, blamed “excessive regulation and increasing compliance requirements”, which it said resulted in “the misdirection of DES provider resources away from services for participants”. Some people referred to the DES program with significant barriers to work were “parked”, with providers instead focusing on placing more job-ready clients into work in order to receive an “outcome payment” from the government. The paper also examined views on the controversial Australian Disability Enterprises (ADEs), where people with disabilities receive employment opportunities but can be paid well below the minimum wage. Critics said ADEs were exploitative, led to an increased risk of abuse, and some said they should be phased out. The paper noted data showing less than 1% of ADE employees transitioned to the open labour market. Peak body National Disability Services suggested ADEs played an important role in a spectrum of employment options, while one ADE, Greenacres, claimed many of their employees would likely live without a job if it wasn’t for their business. The commission will hold further hearings on employment later in the year, when it is expected some DES providers will be questioned about the quality of their services. www.theguardian.com/australia-news/2021/mar/31/australias-disability-employment-down-3-in-past-decade-as-service-scheme-criticised-for-poor-outcomes
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Post by bear on May 15, 2021 7:20:30 GMT 7
Disability royal commission gets more time
The Disability Royal Commission's due date for its final report has been extended to September 2023.
The royal commission into abuse and neglect of people with a disability will get an extra 17 months to report.
The final reporting date will now be September 29, 2023. Families Minister Anne Ruston said the extension recognised the impact of COVID-19 and the broad issues under the inquiry's terms of reference. "We remain focused on supporting people with disability, their families and supporters, advocacy groups and the disability community," Senator Ruston said. Since it was set up, the government has added a seventh commissioner, better articulated the chair's role and changed the Royal Commissions Act to assist the commission's workload. thewest.com.au/politics/disability-royal-commission-gets-more-time-c-2831725
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Post by nomadic on May 15, 2021 21:33:16 GMT 7
Only BS if Ruston is involved. Maybe no findings until after the next election is the reason for extending it as it will only shame them.
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Post by bear on May 16, 2021 6:20:22 GMT 7
Only BS if Ruston is involved. Maybe no findings until after the next election is the reason for extending it as it will only shame them. The LNP have no shame whatsoever nomadic As proof of this a person only has to think of the number of unsavoury incidents many are still currently involved in; quite happily using public funds to try and drag themselves out from under the morass. Cheers bear
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Post by bear on May 25, 2021 7:07:01 GMT 7
Assault and bullying in disabled care home
A supervisor at a NSW residential care home for disabled people was charged with assault, stalking and intimidation over his treatment of a blind and autistic man, an inquiry has heard.
The same carer was also accused of sexual misconduct towards a teenage girl in another facility and supervisory neglect after allegedly falsifying a client's medication chart.The royal commission into violence, abuse, neglect and exploitation of people with disability is hearing evidence on Monday from National Disability Insurance Scheme participants living in residential care facilities. The examination of NDIS providers has heard about the experiences of people living in a group home run by Sunnyfield Disability Services in western Sydney. Counsel assisting Kate Eastman told the commissioners an independent investigation was launched into incidents in the house after the disabled man, 24, suffered a serious eye injury and was taken to hospital in 2019. It followed allegations that the same worker assaulted and verbally abused the blind man while on an excursion from the home, and kicked another resident leading to a police charge. "A boiling frog scenario appears to have occurred at the house ... A protectionist approach has occurred towards staff," she said, reading internal communication between senior staff at the not-for-profit charity. The residents' high level of disabilities and associated behaviour potentially hid what was actually happening in the house, the document said. Regional managers were found to be naive and "distracted by seemingly endless NDIS administration". "The house coordinator has been very good at covering up and deceitful in his behaviour," Ms Eastman said, quoting the document. The investigation found residents' families lacked trust in the facility and that staff lacked understanding about reporting and "what constituted abuse, assault and neglect". Staff also felt bullied by the coordinator, who segregated them by ethnicity. He also refused to meet with crisis intervention trainers and wanted to use restraints on clients, another current resident's family member told the inquiry. Ms Eastman said Sunnyfield's human resources department didn't follow up on complaints made about the coordinator and internal audits didn't interview any staff other than him. A 2018 investigation by the NSW Ombudsman found the coordinator had been accused of sexual misconduct towards a teenage girl in residential care at another facility in 2005 and supervisory neglect after allegedly falsifying another client's medication chart. The coordinator was dismissed by his then-employer in 2016 but the ombudsman's office failed to notify Sunnyfield, where he had by then started working. He was later sacked by Sunnyfield in 2019 and police later charged him with five counts of assault and two counts of stalking and intimidation over incidents at the group house involving the blind and autistic man. He was also charged with assault occasioning actual bodily harm after allegedly kicking another disabled man living in the same house. But the charges were dismissed by a magistrate in 2020. "A key question for this inquiry is how and why these events happened," Ms Eastman said. She said the commission would examine issues surrounding Sunnyfield's operation of the group home and pre-employment screening and recruitment of support workers. It will also look at the organisation's management of family members concerns over their loved one's treatment. Sunnyfield is a 70-year-old not-for-profit charity providing support to about 1200 people in NSW and the ACT. The hearing continues on Tuesday. www.sbs.com.au/news/tales-of-assault-and-bullying-in-disabled-care-home‘Intimidated and frightened’: alleged racial segregation and violence at disability home
Royal commission hears allegations of bullying and mistreatment at Sunnyfield Disability Services in western Sydney
Two support workers at a National Disability Insurance Scheme accommodation provider allegedly assaulted and verbally abused the residents, while other staff at the home were “segregated” based on race, the disability royal commission has heard.
In one incident, a support worker – who had been fired from a previous job for misconduct – allegedly said words to the effect of: “If it was up to me, I would have shot them all,” while news coverage of the Christchurch shooting was showing on the television.
When another support worker noted one of the residents, known as Carl, was Middle Eastern, the first support worker, known as SP1, is alleged to have replied: “I don’t care.”
The disability royal commission will this week investigate allegations of violence, abuse, neglect and exploitation in disability services, focusing on a case study at the home run by Sunnyfield Disability Services in western Sydney.
Kate Eastman, senior counsel assisting, said the commission would explore the experiences of adult residents Carl, Melissa and Chen, who had intellectual disabilities and continued to live at the home.
The commission heard that two support workers – known as SP1 and SP2 – were charged with assault over separate incidents involving Carl, Chen and Melissa, which were later dismissed in court due to a lack of evidence.
The commission heard other staff felt allegedly “bullied” by SP1, and claims that support workers at the home were “segregated” on the basis of race.
Chen’s family reported “unexplained bruising on his thigh” around July 2018, while Sunnyfield allegedly attempted to evict Melissa after her sister and legal guardian, Eliza, also made several complaints about staff conduct.
Alleged incidents included an instance in June 2018 when Carl’s mother, Sophia, was told her son had split his eye open in the Sunnyfield van during an outing and needed to be taken to hospital. The commission heard there had been “blood throughout the van” when Carl returned home.
The following day an anonymous complaint made to the NDIS watchdog alleged that SP1 and SP2 pushed and grabbed Carl and Chen and verbally abused them.
“The anonymous complainant alleged SP1 and SP2 had used racist and insensitive language about African and Indian support workers,” Eastman told the hearing.
“It was alleged SP1 told people that he was at a meeting, but in fact he had left the house and had gone fishing, and this had occurred on a regular basis.”
I love the NDIS but fear it is now an ideological plaything for politicians | Lisa Bryant
Around the same time, another support worker told Carl’s mother, Sophia, that she was “worried about Carl’s safety” and would not forgive herself if something happened and she had not told anyone, Eastman told the commission.
After the watchdog became involved, the commission heard SP1 and SP2 were suspended by Sunnyfield, with pay. The company handed over evidence to police and launched its own independent investigation.
That investigation, Eastman said, found the “house coordinator has been very good at covering up” his behaviour and the staff felt “intimidated, racially vilified and frightened of this gun-owning coordinator”.
And when Sunnyfield conducted audits of the house, it interviewed only the house coordinator, SP1, the investigation found.
SP1 faced charges including common assault and stalking/intimidation in relation to incidents involving Carl and Chen. He was later charged with assault occasioning actual bodily harm for allegedly kicking Chen. The charges were dismissed in court.
SP2 also faced assault charges against the residents, including a charge made after a staff complaint to the watchdog. The charges were also dismissed by a magistrate.
Eastman said Sunnyfield’s independent investigation found several, though not all, of the allegations of abuse or mistreatment against both support workers were either sustained or partially sustained.
A statement tendered to the royal commission by the NSW ombudsman also alleges SP1 had been fired by another service provider for misconduct in 2016.
Girl who uses wheelchair deemed to have no mobility concerns by NDIS independent assessment
While the ombudsman drafted a letter that would have informed Sunnyfield about SP1’s alleged conduct, the correspondence was never sent, the commission heard.
Eastman said the ombudsman had provided a statement saying it believed it could not be compelled to appear at the hearing.
The two support workers were eventually dismissed by Sunnyfield in late 2019 and early 2020.
Sunnyfield will give evidence at the royal commission this week. Eastman said the company’s chief executive, Caroline Cuddihy, had said in a statement to the commission that expressed “my regrets and deep sympathy for the pain and distress suffered”.
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Post by bear on May 27, 2021 7:09:53 GMT 7
Disabled woman given eviction notice as sister was reputational risk, royal commission told
The chief executive of a disability service provider that tried to evict a client says the action was taken because the client’s sister – who made several complaints – risked damaging the organisation’s reputation, the disability royal commission has heard.
Sunnyfield Disability Services chief executive Caroline Cuddihy fronted the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability in Sydney on Wednesday after two days of testimony from family members of Sunnyfield clients.Sunnyfield chief executive Caroline Cuddihy fronted the disability royal commission on Wednesday. JANIE BARRETT Ms Cuddihy was responding to claims aired on Monday that Sunnyfield sought to terminate its contract to care for Melissa*, a disabled resident at a western Sydney home, after her older sister and guardian Eliza* lodged several complaints with Sunnyfield and state and federal authorities. The commission heard on Monday that Melissa has autism, post-traumatic stress disorder and Prader-Willi syndrome which causes her to be constantly hungry. She is incontinent, her home requires a locked kitchen, and some of her behaviours include banging her head and hitting herself. Eliza argued that Melissa’s complex needs required individualised care from highly trained professional caregivers, but Sunnyfield was unwilling to deviate from the default level of care it provided in its contract, the commission heard. The relationship broke down after Eliza made several complaints to Sunnyfield, the NSW Ombudsman, and the National Disability Insurance Scheme’s Quality and Safeguards Commission. The commission heard how a board report marked “confidential” described Melissa as a “reputational risk”. “I think it relates specifically to her guardian [Eliza], not [Melissa],” Ms Cuddihy said. Senior counsel assisting the royal commission, Kate Eastman, SC, asked whether the “management of Melissa as a risk was to exit her from the service”. Sunnyfield’s counsel objected to the question and Ms Cuddihy said the document did not intend to frame Melissa as the problem. “You’re saying that with respect to Melissa that that shouldn’t really be Melissa, it should be Eliza and she’s the risk. Is that right?” Ms Eastman asked. “Regrettably, yes,” Ms Cuddihy replied. In a letter to Eliza in June 2018, Sunnyfield said its decision to terminate its contract to care for Melissa, which would have rendered her homeless, “does not need to be mutually agreed and nor does Sunnyfield need to provide any reasons for exercising its option to terminate the agreements”. “This approach is consistent with the underlying ethos of the [National Disability Insurance Scheme], where flexibility of choice and control is conferred on both the participant and the provider.” Under sustained questioning, Ms Cuddihy conceded this wording was wrong. “Choice and control, under the NDIS, specifically relates to the person with a disability [not the provider],” she said. But when Ms Eastman asked if anyone at Sunnyfield had ever told Eliza that the letter was wrong, Ms Cuddihy said: “I don’t believe anyone has.” “Why not?” Ms Eastman asked. “I don’t know the answer to that,” Ms Cuddihy replied. Melissa still lives at the home. The commission heard Sunnyfield does not have any board members with an intellectual disability, and only one has ever worked in disability services. Commission chairman Ronald Sackville, QC, noted the majority of board members are businesspeople, which gives the impression of a commercial organisation. Sunnyfield has 48 homes with 215 residents and these homes comprise 47 per cent of the organisation’s revenue, which has doubled from $54.67 million in 2015-16 to $110 million. Ms Cuddihy rejected Ms Eastman’s question about whether Sunnyfield only sought clients “who are not going to be difficult or troublemakers” and that the organisation had a low tolerance for people making complaints that might affect Sunnyfield’s reputation. “No, not at all,” Ms Cuddihy said. “We really do value complaints; we value feedback. “I do apologise that our organisation hasn’t always lived in reality what we hold dear to our hearts.” Ms Cuddihy will return to give evidence on Thursday. The hearing continues. *Melissa and Eliza are pseudonyms agreed by the commission to protect their privacy. www.smh.com.au/national/disabled-woman-given-eviction-notice-as-sister-was-reputational-risk-royal-commission-told-20210526-p57v9u.html
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Post by bear on May 27, 2021 7:13:49 GMT 7
Surely I'm missing something in the above article......A disability organisation chooses to evict a client because they have concerns for their reputation from complaints made about them over their treatment of said client by her gaurdian!! If the gaurdian's complaints weren't genuine wouldn't defamation be the way forward? They've all gone stark raving mad IMO if that's the case....Bear
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Post by nomadic on May 27, 2021 20:21:34 GMT 7
no further comments needed Mr. Bear.
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Post by bear on Jun 8, 2021 8:00:41 GMT 7
Threat of ‘cruelty, violence’ against SA disability care resident not investigated for three years
Couple tell royal commission of receiving letter threatening abuse against their nephew, who lives with an intellectual disability
A South Australian family have told of their fear after receiving an anonymous letter warning their nephew would be “abused with cruelty, violence, regularly and repeatedly” and might be poisoned or drowned at his supported disability accommodation.The disability royal commission is continuing to investigate violence, abuse, neglect and exploitation in disability services in a week-long session in Adelaide. It heard on Monday that South Australian authorities failed to properly investigate the threats against Mitchell, who is 38 years old and lives with an intellectual disability. He resides in supported accommodation in one of several adjoining units operated by the state’s Department of Human Services. His aunt and uncle, Victoria and James, told the royal commission they had raised some concerns about the level of care he was receiving in 2017. On 3 March 2018, a letter was sent to their home address that made a series of threats against Mitchell. The letter, which Victoria read to the commission, noted that the site manager of the facility had been removed and it claimed staff were opposed to her departure, meaning they were “angry and pissed off, which now puts your nephew at risk”. It said: “Food... poison. Medication... wrong. Shampoo... what’s in the bottle? Acid. Bruises... how did that happen? … “Going out... falling down stairs. How well does he swim? Locked up? Food withheld. Going through the windscreen... seatbelt unclipped. “This little piglet is going to be abused with cruelty, violence, regularly and repeatedly.” Victoria and James raised the letter with the department and filed a police report. “Obviously, you know, we were just completely shocked with what had happened,” Victoria told the hearing on Monday. “Our whole family was, because obviously we made everybody aware of this. We all agreed that none of us felt that it was his core team of support workers that would do such a thing and we felt that because of that … we could actually stay calm, work through this, while investigations were taking place.” Assured that “a significant investigation was being undertaken”, the couple sought updates from the department but said they tried not to interfere. However, as time went on they became increasingly worried the case was not being taken seriously and subsequently had their fears confirmed by a state-appointed advocate. SA’s principal community visitor, Maurice Corcoran, told the couple in October he had met with a key department official who “confirmed that his unit did not investigate nor interview staff regarding the threatening letter”. Corcoran wrote: “So I remain concerned that this was never properly investigated by either the police or the [department] and I have stated this in my annual report, which will be tabled in parliament this coming Thursday.” The couple told the royal commission they felt let down by authorities. “We felt that any organisation that was worth its salt would take a letter like this and look inwardly at its culture,” James said. “What sort of culture was breeding this, that somebody felt at liberty to send this to somebody’s house? Those people knew where we lived, they knew where our children lived.” Victoria said that in hindsight the couple now felt they should have gone to the media. Linda Reynolds concedes Coalition’s proposed NDIS changes don’t have parliamentary support “You know, raised as much noise about this as we possibly could’ve, but we genuinely believed that we were acting professionally and in the best interests of everybody to let the government do the right thing,” she said. A state ombudsman’s report this year found the Department of Human Services “failed to properly investigate the letter and its failures were unreasonable”. In March, the department reopened its investigation into the letter, which concluded after a month without identifying its author. The department wrote to the couple in March that month informing them of the outcome. The inquiry was told it was the first correspondence they had received from the department, more than three years after the threats against Mitchell had been received. Victoria became emotional as she spoke of how the fear they had for their nephew’s safety had been an “extremely heavy burden”. “I am so pleased that I can now today release this burden from me because it genuinely has been so difficult to hold on to it,” she said. The department will appear at the hearing this week. The inquiry continues. Contact the National Counselling and Referral Service on 1800 421 468 for counselling support or to be connected to a counsellor or advocate near you. www.theguardian.com/australia-news/2021/jun/07/threat-of-cruelty-violence-against-sa-disability-care-resident-not-investigated-for-three-years#:~:text=It%20heard%20on%20Monday%20that,lives%20with%20an%20intellectual%20disability.
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Post by bear on Jun 9, 2021 7:02:04 GMT 7
A mother complained about son's care, then bruises appeared, disability royal commission hears
By disability affairs correspondent Nas Campanella and the Specialist Reporting Team's Celina Edmonds
Karen Rogers wants cameras to be installed in common areas of group homes.(ABC News: Lincoln Rothall)
The mother of a man who lives with severe disabilities has recalled the horror of discovering significant bruising on her son — who lived in a group home — after she'd made complaints about his care.
Key points:• Karen Rogers says she noticed her son's hygiene deteriorate and made a complaint to the group home • After making several other complaints, she says she noticed bruises on her son's body • The director of accommodation services at the DHS agreed there was an "air of neglect" in the home Karen Rogers has given evidence to the disability royal commission about the experiences of her son Daniel, who lived in the home run by South Australia's Department of Human Services (DHS) for 15 years. WARNING: This story contains images that may distress some readers. She told the inquiry there was unexplained bruising on Daniel on two occasions, firstly in October 2018 and again in February 2019. In the latter incident, a support worker phoned and alerted Ms Rogers to the injury and a locum doctor referred Daniel to hospital to check for "internal bleeding". There was bruising around Daniel's waist, his mother said.(Supplied) "I was shocked to see the extent of the bruising around Daniel's waist, going from his spine to in front of his kidneys," Ms Rogers said. "I was horrified." The disability royal commission is holding a five-day public hearing in Adelaide, looking at the experiences of people with disability in supported accommodation settings and the responses of government and other agencies to complaints. Daniel, now 40 years old, was not able to give evidence as he lives with autism, severe intellectual disability and epilepsy. The inquiry heard the bruising to Daniel remains unexplained despite an investigation by both the police and the DHS. Ms Rogers said while there were other accommodation options offered to Daniel, she and her husband decided he needed to live with them. "Daniel seemed to be traumatised, he was very unsettled at night and if we mentioned [the group home] in conversation he would start hitting himself in the head," she said. Signs of bruising a week after complaint Ms Rogers told the royal commission the situation at the group home began to deteriorate in late 2016, when they took Daniel on a holiday and staff packed the incorrect clothes and medication. She complained to the DHS and received an apology. Ms Rogers said despite numerous complaints, Daniel's care did not improve.(Supplied: Karen Rogers) In 2017, she noticed that standards of grooming and hygiene for Daniel had dropped. "Sometimes he was dressed in clothes that looked like they didn't belong to him," she said. "At times he smelled, often of faeces, and had very bad breath when we came to pick him up." Ms Rogers again raised the issue with the accommodation services manager but said there was no significant improvement. She made another complaint when staff at the home purchased bed linen for Daniel using his money, without asking permission from his family. She said the first signs of unexplained bruising appeared on Daniel's arm a short time later, in October 2018. "I was worried as the bruises appeared a week after I made a complaint about the bedding and I was concerned that in some way this was connected to my complaint," Ms Rogers said. Ms Rogers told the royal commission security cameras needed to be installed in common areas of group homes, with families consulted in full. "If it is between people seeing Daniel naked or seeing Daniel be safe in these places, and places [being held] accountable, there is no choice," she said. 'Air of neglect' at group home The director of accommodation services at the DHS, Muriel Kirkby, agreed with the royal commission's characterisation that there was an "air of neglect" at the group home. Daniel lives with autism, severe intellectual disability and epilepsy.(Supplied: Karen Rogers) She told the inquiry she was "absolutely horrified" at aspects of the care of residents. "Like when you opened the front door and you're met with a smell of urine," Ms Kirkby said. She acknowledged there were poor reporting practices around injuries like the bruising found on Daniel. The inquiry heard Ms Kirkby had apologised to the Rogers family for the incidents surrounding Daniel's care. Ms Rogers told the inquiry she wanted to set Daniel up for the future so he would never have to live in another group home. "We are in the process of making provisions that he will stay in our home," she said. "It will be done properly and it will be legally done … he can stay in the house till the day he dies." www.abc.net.au/news/2021-06-08/disability-royal-commission-hears-of-bruising-after-complaints/100198944
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Post by bear on Jun 11, 2021 6:55:31 GMT 7
Government initially sought to reject disability royal commission’s request for 17 month extension
Exclusive: Letters obtained by SBS News show the government initially approved a six month extension, despite concerns the inquiry would not be able to finish its work.
The federal government originally denied the disability royal commission’s urgent request for a 17 month extension before backflipping on its decision a month later, letters obtained by SBS News reveal. Correspondence between the Attorney-General’s office and commission chair Ronald Sackville, released under freedom of information laws, also reveal the government will not provide any additional funding to support the extension of the $527.9 million inquiry. An extension until September 2023 was first requested by Mr Sackville in the commission's interim report, handed down in October last year. In a letter to the Prime Minister at the time, he described the terms of reference as “far broader in scope than almost any other Royal Commission established over the past several decades”. The probe is tasked with investigating violence, abuse, neglect, and mistreatment against people with disability in all settings and contexts. He also detailed interruptions to public hearings and face-to-face private sessions caused by the coronavirus pandemic but conceded that even without the COVID-19 disruption an extension would have been necessary. The inquiry was initially scheduled to hand down its final report in April 2022. After two months with no response, Mr Sackville sent a second letter in December stressing the extension was “critically important if we are to complete satisfactorily the inquiries required by the terms of reference”. It would be another three months until the government replied, despite Mr Sackville's pleas that a decision be made urgently so the commission could finalise its schedule for the following year. In the response, received on 10 March, assistant Attorney-General Amanda Stoker said the government would only approve a six month extension - almost a year shorter than requested - and that they were “unlikely to approve a further extension”. “I encourage you to consider whether the most efficient mix of public hearings and other ways to gather information is in place to fulfil the terms of reference,” she wrote. A day later, Mr Sackville responded with a detailed three-page letter, in which he said it was the belief of all seven commissioners that six months would “not provide sufficient time”. “The request for an extension to 29 September 2023 was based on a judgment that the Royal Commission, by dint of an extraordinary effort, would be able to complete its task to a satisfactory standard by that date,” he wrote. “The outcome of such a truncated investigation would satisfy no one, least of all people with disability or advocacy groups who fought for the establishment of the Royal Commission and are heavily invested in its success.” Mr Sackville said he had not been able to travel since the beginning of the pandemic, and would not do so until he was fully vaccinated, while the other commissioners - who are based across Australia, including in Alice Springs - have not been able to leave their homes or travel interstate for the “best part of a year”. At the time, the commission had also been unable to host public hearings in Tasmania, Western Australia, South Australia, the Northern Territory or Canberra, which meant “important stakeholders in those communities, including culturally and linguistically diverse and First Nations peoples with a disability, have had very limited or no opportunity to … have their stories heard.” More than a month later Attorney-General Michaelia Cash informed Mr Sackville the government would support his request for a 17 month extension, with the final report due by September 2023. With the extension, the inquiry will take almost five and a half years to complete - five months longer than the Royal Commission into Institutional Responses to Child Sexual Abuse. As of Wednesday, the inquiry had received 2,500 submissions. Senator Cash did not respond to questions about the government's initial decision to reject the extension. Labor NDIS spokesman Bill Shorten said it was “not surprising the Morrison Government went out of its way to stop this Royal Commission hearing the stories of people with disabilities”. "The Morrison Government has neglected people with a disability at every stage of our country’s COVID pandemic battle," he said. “The Royal Commission’s Chair rightly requested extra time so the commission could finalise its program and ensure people with disabilities and the sector have their voices heard." Advocacy bodies are also disappointed by the initial attempt to limit the extension. Samantha Connor, president of peak national body People With Disability Australia, said there were still a number of people with disability hesitant to come forward, as well as service providers and workers who are concerned about the lack of privacy protections. “Government are perhaps reluctant to hear all the stories we have to tell, especially if they have a hand in being complicit,” she said. Urgent reforms to strengthen privacy protections for witnesses at the commission are still yet to be legislated, more than a year after they were first requested by Mr Sackville. In his final letter to Senator Cash, Mr Sackville said he expected the privacy legislation, when passed, would generate a “large volume of fresh submissions”. “We need to make sure people have got the preconditions to tell their stories in complete safety, without it coming back on them in any way whether you’re a disabled person, a family member or a worker,” Ms Connor said. The commission’s 14th hearing into preventing and responding to violence, abuse, neglect, and exploitation in South Australian disability services is underway this week. The Disability Royal Commission declined to comment. www.sbs.com.au/news/government-initially-sought-to-reject-disability-royal-commission-s-request-for-17-month-extension
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