PWD E-Bulletin

Issue 2, October 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 access to email, a printed version of the e-bulletin will be sent by post. To be added to or removed from our mailing list, or to change your email address, please contact Luke O'Connell by email or on one of the numbers listed at the end of the bulletin.

Contents

NSW news

National news

International news

The inside story

Members' notices

Conferences

About PWD

Privacy statement

Return to top

NSW news

++Crisis in Service Access System: Update

The crisis in the NSW Service Access System, and interim funding arrangements, has continued to escalate with an increasing number of people being refused assistance or having interim support services withdrawn. On 16 October 2003 NSW Shadow Minister, the Honourable John Ryan, MP, raised the issue in the Legislative Council of the NSW Parliament in a Question without Notice to the Minister for Disability Services, the Honourable Carmel Tebbutt, MP. Mr Ryan referred to PWD’s letter to the Minister requesting her to establish an independent inquiry into the management of the Service Access System and interim funding arrangements by the Department of Ageing, Disability and Home Care (DADHC). Mr Ryan also asked the Minister to comment on PWD’s claim that over the past few months we have been inundated with calls from people raising concern about their inability to obtain crisis assistance from the Department. The Minister responded as follows:

I confirm that I have received a letter from People with Disabilities about the service access system. The service access system was established in September 2000 to respond to requests for support from people with a disability who are homeless or whose community support is at imminent risk of breaking down. More than 3,000 applications for support have been received since September 2000. When the system was established it was seen by many people to be the way into the disability services system and was overloaded by applications.

During 2002-03 more than $35 million was spent on interim support services for clients. The department has finalised long-term support arrangements for 97 people and it is in the process of putting in place long-term arrangements for a further number of people whose circumstances fit the eligibility criteria. Because the system was overloaded when first established, many people were put on interim arrangements. The department has worked assiduously to try to move those people to long-term permanent arrangements. It is inappropriate to have people on interim arrangements over a long period of time.

I am pleased to say that a reappraisal of the system is now bringing about significant and tangible improvements. Clearly defined decision rules have been distributed to assist applicants and to improve equity. The process of transferring the management of requests for support to the department's new regional structure is now complete. This means that the department's response to people who are in crisis or at risk of being in crisis is now being determined at a local or regional level and in conjunction with other initiatives, such as devolution. The local approach to supporting people with a disability who have immediate needs allows the department to link people into existing services early with the aim of preventing crises.

The department's new community access stream in the regional structure provides an opportunity to refocus its intake processes towards prevention and early intervention strategies, hopefully mitigating the need for a crisis response later. The community access stream is intended to co-ordinate the various ways in which the department assesses need and co-ordinates access to services. This will make it simpler for people with a disability and their families to access the supports they need.

In PWD’s view, the Minister’s response does not evidence a proper understanding of the crisis that is unfolding in the Service Access System, and its impact on the lives of individuals. It appears to be little more than an uncritical regurgitation of Departmentally prepared ‘spin’. PWD will continue to urge the Minister to position herself independently of DADHC on this issue, so that the Department can be made properly accountable for its conduct. On 27 October 2003 a number of people personally affected by the withdrawal of interim supports under the Service Access System met with the Leader of the Opposition, the Hon John Brogden, MP, and later participate in a press conference with him. PWD has issued a media release in association with this event in an effort to bring public attention to the crisis. PWD is currently scheduled to meet with the Minister to discuss this issue on 12 November 2003.

Read PWD's media release.
Read the Leader of the Opposition's media release.

++DET restructure threatens disability programs

PWD has written to the Minister for Education and Training, the Honourable Andrew Refshauge, MP, and the Minister for Disability Services, the Honourable Carmel Tebbutt, MP, to express concern about changes to the Disability Programs Unit that are being proposed as part of the restructure of the Department of Education and Training (DET). If implemented, the proposal will result in the loss of a Senior Education Officer position and two Grade 7/8 positions. This would mean a significant loss of expertise from an area that is designed to support and promote equitable access and outcomes for students with disability, particularly in relation to vocational education and training (VET) at TAFE NSW.

Currently, the Disability Programs Unit consists of five Senior Education Officers (SEOs) who are each responsible for providing specialist support in relation to a specific type of disability to TAFE NSW Institutes – deafness and hearing impairment, vision impairment, physical disability, intellectual disability and psychiatric and neurological disabilities. The restructure proposal reduces the number of SEOs to four, but more significantly changes the expertise of these four SEOs. Under the proposal, one SEO will be responsible for sensory impairment and technology. This effectively collapses the deafness and hearing impairment expertise and vision impairment expertise into one position as well as adding responsibility for expertise relating to the technology needs of students with disability. Another SEO will be responsible for supporting the institutes in meeting the needs of students with disability regardless of disability type. In other words, this one position will be responsible for the expertise that is currently undertaken by the five specialist SEOs.

The responsibilities of the remaining two SEOs, a VET Initiatives of Significance position and a Planning and Reporting position do not appear to replace expertise designed to directly support students with disability. This is also the case with the proposed establishment of a Grade 9/10 position, which appears to replace the current two Grade 7/8 positions. The 9/10 position will be responsible for the WorkAble program that aims to increase the numbers of people with disability in the DET workforce.

Clearly, the implementation of this proposal will severely compromise the already stretched expertise that can be provided to teachers and students with disability. It will have a significant negative impact on the participation rates and outcomes of people with disability in VET, on their ability to obtain the key skills and competencies required for job readiness, to gain employment and subsequent economic independence.

The proposal appears to have been developed without reference to the forthcoming implementation of the Disability Standards in Education, which have been developed to clarify rights and responsibilities under the Commonwealth Disability Discrimination Act, 1992. Once introduced, the NSW Government will be responsible for implementing these standards, yet the current restructure proposal for the Disability Programs Unit will significantly limit the capacity and expertise needed to do this.

The NSW Government is also currently undertaking a major review of day program, Post School Options, and Adult Training, Learning and Support Services for young people with disability, funded by the Department of Ageing Disability and Home Care. As part of this reform the State is developing bilateral relationships with the Commonwealth that aim to increase the flow through of young people with disability into Commonwealth employment programs. The TAFE VET sector has a crucial role to play in supporting these reforms. The NSW Government’s reforms in the area of transitional education for people with disability cannot be achieved in the absence of significant and increasing expertise and capacity in the TAFE VET sector.

In addition to this issue, as a generic service provider, the Department of Education and Training has an ongoing responsibility, under section 9 of the NSW Disability Services Act, 1993 to make its programs and services increasingly accessible and responsive to people with disability. There remains a great deal to be achieved in this respect. In the absence of an increasing assumption of responsibility and capacity to deliver post-school transition services in the TAFE VET sector, the pressure on the specialist service system administered by the Department of Ageing, Disability and Home Care will continue to increase.

PWD has urged both Ministers to intervene in this matter to preserve the existing capacity and expertise in the Disability Programs Unit. We have also urged the Ministers to require the Department of Education and Training to undertake a serious review of its disability policy requirements in light of the forthcoming implementation of the Disability Standards in Education, and the NSW Government’s reform agenda in post-school transitional and day program services for people with disability. We have indicated that this review ought to be conducted in consultation with the community.

++Weemala devolution outrage!

The Department of Ageing, Disability and Home Care (DADHC) has recently advised PWD that it has decided to remove Weemala Stage 2 (19 residents) from Stage 1 of the NSW Government’s Devolution Program for Large Residential Centres for People with Disability (Stage 1 runs to December 2004). Weemala is a large residential centre for people with disability operated by the Royal Rehabilitation Centre, Sydney (part of NSW Health), funded by the DADHC. Most residents have severe physical disability and brain injury. PWD has advised DADHC it will not accept this decision, and has written to the Minister for Disability Services, the Honourable Carmel Tebbutt, MP and the Minister for Health, the Honourable Morris Iemma, MP seeking their immediate intervention to reverse it.

The residents affected have been earnestly preparing for their relocation to community living, even to the point of choosing potential housemates and furnishings. They live in one of the most deprived institutional environments in the State. They have been the subject of repeated previous promises of community living, all of which have been reneged upon. DADHC’s decision has been made without any reference to residents and their families. The original Weemala Stage 2 cohort comprised about 40 people, many of whom have died waiting for community living. PWD is genuinely shocked and appalled that the Department would conduct itself in such an unethical and irresponsible manner, with such callous disregard for the feelings and interests of residents.

The Minister for Disability Services has advised Parliament that Weemala Stage 2 (19 residents) is included in Stage 1 of the Devolution Program. She has also given a public and parliamentary commitment on numerous occasions that the Government’s Stage 1 commitment (which included a reference to Weemala Stage 2 (19 residents) would be delivered upon. The removal of Weemala Stage 2 (19 residents) from Stage 1 of the devolution program represents an unequivocal breach of this commitment.

Weemala was formally determined to be a non-conforming service when the Disability Services Act, 1993 (NSW) came into force. In order for Weemala to continue to receive funding under this Act, the Royal Rehabilitation Centre, Sydney was required to develop a transition plan in accordance with section 7 of the Act that set out how it would achieve full conformity with the requirements of the Act, how it would conform as closely as possible until full conformity is reached, and the date upon which full conformity would be achieved. That transition plan was adopted by the then Minister on 8 April 1996, and it is the only basis upon which the Minister for Disability Services may lawfully continue to provide funding for this service. On 30 June 1997, the approved transition plan for Weemala expired (the date specified in the plan when full conformity would be reached). Since then, the Minister has been funding this service in defiance of her legislative obligations, ultra vires (beyond the power of) the Disability Services Act, 1993 (NSW). This is a critical situation that must be resolved as a matter of the utmost urgency through the relocation of residents to conforming services.

++Boarding house Active Linking Initiative under threat

PWD has written to the Minister for Disability Services, the Honourable Carmel Tebbutt, MP expressing our alarm at recent developments regarding the Active Linking Initiative (ALI) funded through the Department of Ageing, Disability and Home Care (DADHC). The ALI program in a key component of the NSW Government’s Boarding House Reform Program, and specifically targets people with disability who remain in boarding houses, providing them with material support, life-enriching opportunities to participate in the general community, and independent living skills.

People with disability living in boarding houses are amongst the most deprived and vulnerable members of our community. Most live in poverty and neglect. They often lead heavily regulated lives and have very little personal freedom or independent capacity to participate in the community. ALI services mitigate these circumstances in very important ways, greatly improving residents’ quality of life.

PWD has recently learned that funding for ALI services will expire on 31 December 2003. Further funding for ALI services is dependent upon a review, which is to be completed by the end of December, but has not yet even commenced. Terms of reference for the review of ALI services are not yet available, and indications to services from DADHC are that there will be no public consultation in relation to the review. PWD has very grave fears that the needs and interests of ALI service users will not be given proper consideration in this review. We understand the review is to be conducted at the DADHC Regional level, by Regional staff, potentially giving rise to inconsistencies in approach, and the review being undertaken by new staff with little program knowledge.

Indications given to agencies by DADHC are that ALI services will not continue to be funded beyond December 2003. This concern is underlined by the very great difficulties ALI services have recently experienced in securing payment for services provided under their existing contracts. Should these concerns be realised, it will result in closure of these services in the Christmas/New Year period, exacerbating the hurt to service users, and to ALI service workers. Even in the worst-case scenario, agencies ought to be given a reasonable period of time in which to wind up services, redeploy or retrench staff, and deal with the obligations to service users. Under the current arrangements, they will at best receive only a few weeks notice, and this will be issued in the period leading up to Christmas, a time when they are probably least able manage these arrangements, due to annual holidays etc.

PWD has called on the Minister to ensure the following:

  • the review of the Active Linkage Initiative ought to be conducted independently of DADHC, by a person with a high level of relevant expertise. A reference group of stakeholders, including representatives of boarding house residents, should be established to advise on the design and implementation of the review. The review ought to involve appropriate consultation with the public, and in particular with ALI service users, their representative groups, and ALI service providers;
  • all ALI services ought be provided with a guarantee of an additional 12 months funding to the end of December 2004. This will allow the review to be conducted on a proper basis, and for appropriate notice to be given to services and service users of any changes to funding arrangements that result from this review.

++Campaign for Boarders and Lodgers

PWD has written to the Minister for Fair Trading, the Honourable Reba Meagher, MP to express our frustration and disappointment at the lack of action by the NSW Government and the Department of Fair Trading in introducing legislative protection of the rights of people who live in boarding/lodging accommodation. People with disability (especially people with intellectual impairment, brain injury, or mental illness) make up a significant proportion of boarding and lodging house residents generally, and constitute most of the population of boarding houses licensed under the Youth and Community Services Act, 1977. They are among the most disadvantaged and vulnerable members of our community. Many live in circumstances of poverty and neglect. Yet they have the least protection of their rights in accommodation.

In 1999 the Department of Fair Trading undertook a Boarders and Lodgers Review. The key issue in this review was the "desirability and feasibility of introducing legislation to provide basic protections for persons who enter into residency arrangements of a boarding or a lodging nature." Legislative protection was widely supported by organisations representing the views of boarders and lodgers. It is our understanding that legislative protection was ultimately recommended by the review. Yet no action has been taken by the NSW Government to introduce such legislative protection.

PWD is aware of concerns raised by some industry and government stakeholders that increased regulation will result in a decline of this form of accommodation. PWD is also aware of the view that ‘market forces’ provide sufficient protection of the rights of residents. We reject these positions. Boarders and lodgers exist at the margins of the market place, in an area characterised by market imperfection and market failure. There are overwhelming power imbalances between the ‘consumer’ and the ‘provider’ of services, a critical scarcity in alternative affordable or supported accommodation, much of the housing stock is seriously substandard and unsafe, and there are unscrupulous operators in the sector. In these circumstances competition does not operate to protect the interests of consumers. It is a sector that cries out for a strong regulatory framework that provides comprehensive independent consumer protection. PWD has urged the Minister to introduce legislation to protect the rights of boarders and lodgers at the earliest opportunity. This issue has remained unresolved for too long.

++DADHC releases nutrition policy

The Department of Ageing, Disability and Home Care (DADHC) has developed overarching nutrition policy and standards for all government and non-government disability supported accommodation and centre-based respite care services. This policy is a central part of DADHC's strategy to improve nutrition for people with a disability and minimise the risks in supporting this vulnerable group of people. Key platforms of the policy include:
  • an operational policy that guides service providers in developing assessment, review and monitoring systems regarding the nutritional health of their clients;
  • annual nutritional risk assessment;
  • referral, follow up and monitoring by the service providers in the involvement of appropriate health professionals in assessment, intervention and ongoing management of nutrition, swallowing and mealtime issues;
  • the policy links directly to the Department's new Quality Improvement and Integrated Monitoring System and the new regional and corporate framework;
  • prevention and early intervention;
  • an information package and training program that will assist service providers, people with a disability, carers, families and health professionals in developing these systems of nutritional care and in making decisions about the management of nutrition problems including high-risk problems such as dysphagia.
More information is available on DADHC’s website at www.dadhc.nsw.gov.au.

++Paraquad considers future direction of accommodation services

The Paraplegic and Quadriplegic Association of NSW has commenced planning for the future of its accommodation services, including its large residential facility Ferguson Lodge. As part of this process, PWD has participated in an industry forum with representatives of other major stakeholder groups. Key issues in the planning process include the specific plans for devolution of Ferguson Lodge, and the re-shaping of future accommodation services for people with spinal cord injury to meet with contemporary service user aspirations and expectations. The needs of people with spinal cord injury as they age, and the interface between the disability service and aged care system have also emerged as important planning issues.

++Communitybuilders.nsw website reference group

PWD has been appointed to the NSW Premier’s Department’s Reference Group for its communitybuilders.nsw website. The website was launched in 1999 to support the NSW Government’s ‘Strengthening Communities’ strategy by providing access to resources on social, economic and environmental renewal and sustainability. Communitybuilders.nsw provides a key entry-point to information on NSW Government programs, funding, case studies, reports and resources relating to community development and renewal. A reference group for communitybuilders.nsw is being reconvened with representatives from its user groups to provide input on content coordination and future development of the project. The Assistant Director General, Service Delivery Improvement will Chair the reference group. For more information about this project, contact PWD’s new Manager, Information and Education, Alanna Clohesy, who will represent PWD on the reference group. The website can be found at www.communitybuilders.nsw.gov.au.

++NSW Police Disability Action Plan: Update

NSW Police has now responded to PWD’s request that it establish a disability advisory committee to oversee the implementation of its Disability Strategic Plan, and to provide a general reference point on disability issues. At this stage the Commissioner is progressing plans for a Chief Executive Officer’s Disability Group, perhaps to be established within the chief executive officers of criminal justice agencies. PWD has been assured that this Chief Executive Officer’s Disability Group would be in regular contact with all key stakeholders, and ensure that there is appropriate consultation. PWD welcomes the establishment of a high-level policy focal point on disability issues within NSW Police. However, we are disappointed that there will be no non-government experts, including appropriate representatives of people with disability, appointed to this group. In our view non-government experts would be in a position to contribute greatly needed insights and expertise to the disability-related reforms being introduced by NSW Police. We also believe, as a matter of principle, that these reforms ought to be pursued in partnership with the disability sector. PWD will continue to press for the establishment of a high-level disability advisory body to NSW Police.

++HACC SAC reports on deletion of HACC services from White Pages

HACC services in New South Wales have historically been listed in the White Pages telephone directories under the heading 'Home and Community Care Program'. The Department of Ageing, Disability and Home Care (DADHC) (then the Ageing and Disability Department) assumed the responsibility for updating and recording each entry up until 2000, when all entries were deleted. The cost to DADHC of publishing HACC services has been estimated between $90,000 and $110,000 per annum. HACC service providers were not informed of the decision to delete entries. The NSW Home and Community Care Program State Advisory Committee has recently surveyed HACC-funded service providers across NSW to assess the impact of this decision. In their responses to the survey, HACC services have been very critical of this decision. Many report a reduction in service visibility and accessibility for HACC service users. Many small services indicate that they cannot afford the costs of advertising HACC services in telephone directories, without diverting resources from direct services. A great deal of concern has been expressed about DADHC’s failure to even advise services of its decision, so that services (who could afford to) could make alternative arrangements for advertising in the White Pages. PWD has again written to the Minister for Disability Services raising concerns about this decision, and its impact on the visibility and accessibility of HACC services across NSW.

++Joint Guarantee of Services for People with Mental Health Problems and Disorders

NSW Health, the Aboriginal Health and Medical Research Council of NSW, the NSW Department of Community Services, on behalf of the Supported Accommodation Assistance Program, the Department of Housing (including the Office of Community Housing) and the NSW Office of Aboriginal Housing have released a revised version of a Joint guarantee of service for people with mental health problems and disorders living in Aboriginal, community and public housing. The Joint guarantee outlines roles and responsibilities of the participating agencies in coordinating the delivery of services to people with mental health problems and disorders who have ongoing support needs living in social housing. The focus of the guarantee is to:
  • better assist and enhance the well-being of existing social housing tenants whose tenancy may otherwise be at risk;
  • assist housing applicants who may be homeless or at risk of homelessness to successfully establish a tenancy.
Copies of the Joint guarantee can be obtained from the Better Health Centre - Publications Warehouse (phone 02 9816 0452, TTY 02 9391 9900) or downloaded from NSW Health’s website at www.health.nsw.gov.au.

++Disability Council releases strategic plan

The Disability Council of NSW has released its strategic plan for 2003-2005. The Council’s core priorities as set out in its Strategic directions 2005 are “Belonging in the Community”, “Housing”, “Children” and “Criminal Justice System”. The Council also plans to focus on issues affecting people from Aboriginal and Torres Strait Islander communities, culturally and linguistically diverse communities, and rural and remote communities.

The strategic plan is available from the Council’s website or by contacting the Council on phone/TTY 02 9211 2866 or 1800 044 848.

++New appointments to Disability Council

The Minister for Disability Services, the Hon Carmel Tebbutt, MP appointed four new members to the Disability Council of NSW last month: Brenda Carty, Matt Laffan, Michael Simpson and Robert Farley. Standing down from the Council after completing their four-year terms were Faye Druett, Alison Herridge and Noel Hiffernan. Profiles on Council members can be read on the Council’s website at http://discoun.sitesuite.ws/page/members.html.

Return to top

National news

++PWD President elected to ACOSS Board

PWD’s President, Heidi Forrest, has been elected unopposed to the Board of the Australian Council of Social Service (ACOSS) for a two-year term. Heidi will take up this position at ACOSS’s Annual General Meeting, which is to be held at the end of November. Heidi’s election to the Board of ACOSS provides an even stronger basis for a close working relationship between ACOSS and PWD on national policy issues affecting people with disability.

++National Judicial College of Australia Consultative Committee

The Council of Australian Attorneys General (made up of the Commonwealth and all state and territory Attorneys-General) has appointed PWD Executive Director, Phillip French, to the Consultative Committee of the National Judicial College of Australia. The National Judicial College of Australia has the responsibility for professional development of Australian judges and magistrates. Phillip is one of three appointments intended to reflect a justice system user perspective. His appointment provides the opportunity to highlight issues affecting people with disability within the justice system. The consultative committee is chaired by His Honour Justice Ronald Sackville of the Federal Court of Australia.

++PWD joins ACOSS call for anti-poverty drive

To mark Anti-Poverty Week (13-17 October 2003) ACOSS joined with a number of major national representative groups, including PWD, to issue a joint call to the major political parties to forgo tax cuts and invest the federal budget surplus in a new drive against poverty in Australia.

At a national press conference ACOSS President, Andrew McCallum said “A new analysis of Roy Morgan Research opinion poll data by ACOSS finds that the importance the public gives to taxation has halved over the past five years while concern over health and education has risen by 67% and 89% respectively. These results indicate that there has been a change of public opinion as big as a tidal wave, which has swept away demands for tax cuts in favour of boosting investment in basic social services. The Prime Minister and Opposition Leader should mark Anti-Poverty Week with a commitment to invest the Budget surplus in an anti-poverty drive which has clear targets such as to halve child poverty within ten years and restore access to essential public health, education, welfare and unemployment services.”

PWD Board member, Noel Hiffernan, who represented PWD at the press conference, said “Australians with disability face widespread accommodation shortages, a lack of community support services, inaccessible transport, and insufficient employment opportunities and support. The Budget surplus should be invested in the long-term goal of supporting people with disability to live independent and productive lives.”

++Australian Human Rights Project consultation

Australian Lawyers for Human Rights and the Australian Human Rights Centre at the University of New South Wales are currently undertaking a project that will research and report on a national approach to supporting human rights advocacy and education. This project is being undertaken against a backdrop of concern that commitment to enforceable human rights in Australia has declined markedly. One model being explored is a national non-governmental organisation. Throughout Europe, the Americas, Asia and Africa, such organisations provide education and expertise to the community and government, support social justice organisations in their special fields, research and develop social policy, and advocate directly to government. Alternatives, such as closer networking and coordination among non-government agencies are also being explored. PWD has been consulted in the course of this project in recognition of its role in disability and human rights. PWD has strongly supported the concept of a ‘peak’ human rights organisation that would be an advocate for human rights in Australia, and work on cross-sectoral issues.

++Australian Federation of Disability Organisations – Update

The Australian Federation of Disability Organisations last week became a legal entity. The Federation of eight national disability peak organisations was established to be the primary national voice to government representing the interests of people with disability across Australia.

The Board of the Federation, made up of people with disability, will be meeting to select their executive and a Chief Executive Officer will be recruited. According to the constitution of the Federation, all staff members will be people with disability.

The founding members of the Federation are Australian Association of the Deaf, Blind Citizens Australia, Brain Injury Australia, Deafness Forum Australia, National Council on Intellectual Disability, National Ethnic Disability Alliance, National Indigenous Disability Network, Physical Disability Council of Australia and Women with Disabilities Australia. It is yet to be decided whether state and territory organisations will be admitted as members.

For more information visit the Federation’s website at www.disfed.org.au.

++HREOC grants Airnorth temporary exemption application

The Human Rights and Equal Opportunity (HREOC) has granted Airnorth an exemption from the operation of sections 23 and 24 of the Commonwealth Disability Discrimination Act, 1992 and from the operation of the Disability Standards for Accessible Public Transport, for a period of two years, regarding:
  • lack of access to aircraft seats for people requiring wheelchair access, where this is prevented by limited aisle width;
  • lack of access to aircraft or seats for passengers requiring lifting, where this cannot be performed in compliance with the requirements of applicable occupational health and safety laws due to space constraints of the particular aircraft;
  • requirements for notice of disability access requirements, where these requirements are reasonable in the circumstances.
The exemption is conditional on Airnorth:
  • implementing proposals in its exemption application for carrying passengers with disability and assistants at reduced fares where Airnorth requires a passenger provided assistant;
  • reporting each three months during the exemption period to the Commission on any instances where a passenger has been unable to travel or has been required to travel with an assistant because of restrictions permitted by this exemption;
  • reporting within twelve months on any technical solutions which may be feasible in relation to difficulties in passengers with disability boarding and being seated safely.
The decision and full reasons are available on HREOC’s website at www.humanrights.gov.au/disability_rights.

++Productivity Commission inquiry into the cost of first home ownership

The Commonwealth Government has asked the Productivity Commission to inquire into the affordability and availability of housing for families and individuals wishing to purchase their first home. The Productivity Commission is to evaluate all components of the cost and price of housing, including new and existing housing for those wishing to purchase their first home. The Commission will examine impediments to first home ownership, and provide assessments on the feasibility of reducing or removing impediments.

In its submission to the inquiry, PWD has argued along with a number of other major organisations, including ACOSS and National Shelter, that the issue of housing affordability for first home buyers must be addressed as part of the broader issues concerning housing affordability within the Australian housing system. PWD has supported calls for a comprehensive national housing strategy across the three major tenure forms (social housing, private rental, and home ownership). We have particularly highlighted housing affordability issues for people with disability, and their families, including the costs of home modification. We have argued for the adoption of universal housing design as part of the Australian Building Code as a principal means of reducing the costs of home modification, and the associated barriers to home ownership for people with disability.

++AusAid, disability and development

PWD has recently established a dialogue with AusAid (Australian Agency for Overseas Aid Development) in relation to disability and development. In general terms, we are concerned at the lack of focus on people with disability in global aid programs, including Australian regional aid programs. Even by conservative estimates there are more than 600million people with disability in the world. National reported population incidence varies widely for a range of reasons, including different classification systems, statistical collection and reporting capacity, and environmental factors. However, by any measure people with disability constitute a significant segment of any population. In developing and transitional economies (indeed, in developed states) people with disability are among the poorest of the poor. Yet they are largely invisible to international aid policy and programs. The United Nations 'Millennium Declaration' (September 2000), for example, fails to even refer to people with disability as a priority group, let alone incorporate specific development strategies to address their needs.

This has a twofold negative effect. Most obviously, it results in a failure to target resources to people with disability, and disability issues. Less obviously, but equally critically, it often results in aid being allocated to infrastructure and development projects that exclude or create additional barriers to the social and economic participation of people with disability. These are critical issues to be addressed in the first review of the Millennium Development Goals, scheduled for 2005.

In part to address this policy and program lacuna, in late 2002 UNESCAP participating nations adopted the Biwako Millennium Framework for Action: Towards an Inclusive, Barrier Free and Rights-based Society for Persons with Disabilities in Asia and the Pacific. The Biwako Millennium Framework is the cornerstone of the Second Asia and Pacific Decade of Disabled Persons (2003-1012). At the recent Pacific Island Forum meeting held in New Zealand, participating governments including Australia endorsed Biwako as the basis for cooperation on disability and development issues. A great deal will need to be done to give effect to this commitment. Our dialogue with AusAid focuses on the following objectives:

  • giving greater priority and recognition to people with disability as beneficiaries of both mainstream and specific purpose aid funding in Papua New Guinea, East Timor, the Pacific region and elsewhere;
  • a strategic and operational policy approach to mainstreaming disability concerns into Australia’s current aid effort;
  • our views on priority specific purpose projects on disability and development and disability and human rights, including the development of a Pacific Disability Forum;
  • key disability issues for the Australian government to consider in its contribution to the review of the United Nations Millennium Development Goals, currently scheduled for 2005;
  • the alignment of AusAid assistance on disability and development concerns to the Biwako Millennium Framework for Action.

++Australian Network for Universal Housing Design: Update

The work of the Australian Network for Universal Housing Design (ANUHD) has been moving forward since the last e-bulletin. The Network will be attending the National Housing Conference, to be held in Adelaide in November 2003, and has been asked to deliver a paper entitled 'Included by design: People with disability and a national housing strategy'. With housing policy makers from all over Australia attending this is a chance to ensure that many of the people who develop housing policy understand the need for universal housing design. Housing ministers and their shadows from all states and territories attend the conference so we are also hopeful of some face-to-face meetings.

ANUHD has also been asked to deliver a paper at the State of Australian Cities Conference, a national conference focused on urban issues in Australia. This will be attended by urban and traffic planners as well as architects and academics. Our paper is entitled 'Included by Design: A case for access requirements for housing in the Building Code of Australia'. This is an opportunity to spread the word of universal housing design to people beyond those confined to the ‘housing sector’. It is a great opportunity to ensure that those people employed to look at the wider issues of society and community understand the need for universal housing design. We understand that we are one of the few non urban planners invited to present a paper. We will continue to keep readers informed of progress.

For further information contact Digby Hughes at PWD.

++Discrimination in the electoral system: Update

As readers of the last e-bulletin would remember, PWD is working towards eliminating voter discrimination. We have had some movement on two fronts: the Electoral Council of Australia and the Australian Electoral Commission (AEC).

The Electoral Council of Australia (ECA) is a consultative council of electoral commissioners and chief electoral officers from the electoral authorities of the Commonwealth, states and territories of Australia. Part of its mission is to consult on matters which will facilitate or improve Australian electoral administration. Following our correspondence to the Council we succeeded in having the needs of voters with a disability discussed at the last meeting of the Council. We are awaiting information on what action they are taking as a result.

PWD has also been invited to attend a forum at the Human Rights Commission and Equal Opportunity commission with the AEC and other disability organisations. The AEC is the body that conducts federal elections and by-elections as well as maintaining the electoral rolls for all the other electoral authorities. If PWD is successful in making the AEC bring about more accessibility for voters with a disability then the advantages will flow to all of the states and territories. We will keep you informed of our progress.

For further information contact Digby Hughes at PWD.

Return to top

International news

++UN ESCAP expert working group on a disability convention

The United Nations Economic and Social Council for the Asia and Pacific Region (UN ESCAP) held a meeting of the Regional Expert Working Group on a Convention on Disability and Human Rights from 14-17 October 2003. Experts from governments, human rights commissions and disabled peoples organisations from across the Asia and Pacific region attended the meeting. PWD President, Heidi Forrest, and Executive Director, Phillip French, represented PWD at the meeting. Rosemary Kayess and Helen Daley of the NSW Disability Discrimination Legal Centre, representing the National Association of Community Legal Centres (NACLC), also attended the meeting. The Expert Group meeting was held to formulate a draft Asia and Pacific text proposal for the convention on human rights and disability to be submitted to the United Nations Ad Hoc Committee Working Group for its meeting in New York in January 2004, and the later meeting of the Ad Hoc Committee itself to be held in New York in May/June 2004. Professor Andrew Byrne of the Australian National University prepared the text materials for UN ESCAP that were the subject of further development and debate at the meeting. These text materials were based on the recommendations arising from the Expert Group meeting held in Bangkok in June this year. The Bangkok recommendations were highly regarded at the Second Meeting of the Ad Hoc Committee held in New York in late June this year, and the text proposal for the Convention that will be submitted from the Asia and Pacific Region is likely to be equally influential.

PWD and NACLC had a major impact on the development of the Asia and Pacific text proposal, and the report and general recommendations arising from the meeting, both of which will be released shortly. Key areas of influence included:

  • disability and development as a key policy focus;
  • a broad and inclusive definition of disability;
  • a proposal for rights in relation to mobility, community living, immigration, detention and asylum, and universal design; and
  • an individual complaints procedure.
We also pressed for the inclusion of specific provisions to protect and promote rights for women, children, indigenous persons, ethnic minorities, parents with disability, people with severe disability, and people with disability in contact with the criminal justice system. We argued that the convention must be based on two pillars: a principle of non-discrimination, and a principle of equality of outcome.

Heidi Forrest was appointed to the UN ESCAP Bureau for the duration of the meeting in the role of Special Rapporteur. Phillip was appointed Rapporteur for the Working Group on 'Preamble, Definitions, and General Obligations and Obligations of States’, while Rosemary was appointed facilitator for the working group on ‘Monitoring Mechanisms'. Heidi, Phillip and Rosemary were also each appointed to the ‘Drafting Group,’ which had the responsibility for drafting the report of the meeting. The outcomes of the Expert Group Meeting, including the Asia and Pacific text proposal for the Convention, will be available shortly on the WorldEnable website at www.worldenable.net.

++UN ESCAP – Workshop on Women and Disability

The United Nations Economic and Social Council for the Asia and Pacific Region (UN ESCAP) conducted the second phase of its workshop ‘Promoting Full Participation of Women with Disabilities in the Process of Elaboration of an International Convention to Promote and Protect the Rights and Dignity of Persons with Disability' on 13 October 2003, at the UN ESCAP headquarters in Bangkok, Thailand. PWD President, Heidi Forrest, represented PWD at the meeting, which was attended by women from disabled peoples' organisations, human rights commissions and governments, from across the Asia and Pacific regions. The principal focus of this event was preparing women to participate in the four-day Expert Group meeting held over the following four days, so that issues affecting women would receive appropriate recognition.

Information on the outcomes of this event is available at www.worldenable.net/wadbangkok2003/. For further information contact Samantha French at PWD.

++PWD Indigenous members to participate in DPI world summit

PWD members Lester Bostock and Kim Curtis-Newton have been appointed to the planning committee for the Indigenous stream of Disabled Peoples International’s 2004 world summit, 'Diversity Within'. The objective of the conference is to promote equality and diversity, with a specific focus on women, youth and Indigenous peoples with disability. Lester and Kim will be involved in the development of the modality for the Indigenous stream of the conference and in the selection of those papers to be presented. The Summit will be held in Winnipeg, Manitoba, Canada, 8-10 September 2004. More information about the Summit is available from DPI’s website at www.dpi.org.

++World Summit on the Information Society – Draft Declaration excludes disability

Anger has erupted among disabled peoples' organisations across the globe at the failure of the draft Declaration of Principles for the World Summit on the Information Society (WSIS) to explicitly refer to the information needs and rights of people with disability. In spite of concerted lobbying by disability activists, a draft paragraph dealing with information accessibility and disability failed to achieve the support of the preparatory committee for WSIS, which met in Geneva in September. Attention now shifts to the first formal session of the summit.

The United Nations and the International Telecommunication Unit are jointly convening the WSIS, which will be held in two sessions: the first in Geneva in December 2003 and the second in Tunisia in November 2005. WSIS has been convened against the backdrop of the global information society evolving at a breakneck speed. WSIS is intended to provide an opportunity for all key stakeholders to assemble at a high level gathering to develop a better understanding of this revolution, and its impact on the international community. The anticipated outcome of the summit is the development of a clear statement of political will and a concrete plan of action for achieving the goals of the information society, while fully reflecting the different interests at stake.

People with disability stand to fundamentally empowered, or further disempowered, by the information revolution. It is critical that their needs and rights are explicitly incorporated into the WSIS Declaration of Principles and the actions that flow from it. PWD has written to the Australian Minister for Communications, Information Technology and the Arts, Hon Daryl Williams, MP calling on the Australian government to ensure that the needs and rights of people with disability are explicitly addressed in the WSIS declaration.

++Toward a Pacific Disability Forum

In December 2002, PWD joined with other Pacific disabled peoples' organisations to form the Pacific Disability Forum, which aims to foster regional collaboration, priority setting, and capacity building in relation to disability and human rights, and disability and development in the Pacific region. This Forum includes some countries not traditionally identified in the Pacific group (such as Papua New Guinea and East Timor). In conjunction with Disabled Peoples International Oceania Sub-Regional Office and the Fiji Disabled Peoples Association, PWD is currently planning the second meeting for the Pacific Disability Forum, which will be held in Suva in early December. A steering committee comprising of representatives of a number of disabled peoples organisations in the region is overseeing this planning. The Pacific Disability Forum aims to highlight the needs of people with disability in the developing and transitional economies of the Pacific Region, which are often lost in the larger Asia Pacific grouping, due to the massive populations of the Asian region. It also aims to provide a democratic forum for decision-making on regional issues.

Return to top

The inside story

++Annual General Meeting and Christmas party

PWD’s 2003 Annual General Meeting will be held on Saturday 29 November 2003, 4:00pm at Hornsby RSL Club, 4 High Street, Hornsby. Notices advertising the meeting will be sent out shortly. The Annual General Meeting will be followed by an early Christmas party for members and their guests. For further information contact John Falconer at PWD (email johnf@pwd.org.au).

++Board election

In the lead up to the 2003 Annual General meeting, a half Board election is being conducted. PWD’s Board members serve two-year terms, with half the Board being elected each year. Nominations for positions close at 5:00pm on 27 October 2003. Should more nominations be received than there are positions available, a postal ballot will be conducted to elect directors. Those persons elected will take office from the Annual General Meeting.

++Governance development

PWD’s Board is engaged in the development of a formal governance model for PWD, based on the Carver Policy Governance Model. Under the Carver model the Board sets 'end policies', which define the outcomes that the Executive Director is required to achieve or comply with. The Board also sets 'limitation policies', which set out the constraints which the Executive Director must work within. The Board also defines the degree of delegation the Executive Director works under. It is anticipated that this work will be completed by the end of 2003.

++Staff Movements

Recruitment has been completed for the new position of Manager, Information and Education. Alana Clohsey has been appointed to this position and will commence on 5 November 2003. Alana has an extensive background in disability information and advocacy, and in women’s and Aboriginal and Torres Strait Islander issues. Alana has previously worked at PWD as Manager of Policy and Advocacy in the mid ‘90s. She has also held the position of Executive Officer of the Brain Injury Association of NSW (then Headway NSW).

We recently bade farewell to Michelle Hayter, Manager of Individual and Group Advocacy who leaves us temporarily on maternity leave. Recruitment has been completed for the position of temporary Manager, Individual and Group Advocacy to cover the period of Michelle’s maternity leave. Mathew Bowden has been appointed to the position. Matthew has previously worked at FPA Health in the role of educator in the areas of disability, sexuality and human rights, intellectual disability and HIV/AIDS.

Sally Lyons (Accounts/Executive Assistant) has also temporarily left PWD on 12 month's maternity leave. She is now the proud mother of Oscar. Following competitive recruitment Sarnia Smith has been appointed to fill this position for the period of Sally’s leave.

++Hotline and CRRS promotion in Western Australia

The National Disability Abuse and Neglect Hotline and the Complaints Resolution and Referral Service (CRRS) recently completed a promotional tour of Western Australia. Information sessions were held with over 200 people and a number of worksites were visited to ensure that people with disability could access information about the two services. The promotions were conducted in rural and remote locations, including Narrogin, Bridgetown, Albany and Esperance, providing people with disability, services and families with the opportunity to raise issues unique to people living and working in these areas. A number of Local Area Coordinators (LAC) attended the presentations and provided information about their role. The LAC model commenced in Western Australia in 1987 and has been evaluated a number of times. There are now 120 LACs across the state. As part of the promotional visit, the Hotline and CRRS met with People with Disabilities (WA) Inc as well as with the Office of Health Review, the Public Advocate, the Commonwealth Department of Family and Community Services and the WA Disability Services Commission.

Return to top

Members' notices

++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 info@cyclechallenge.org or contact Darren Fittler on 0409 442 544.

++Post-Polio Awareness Week, 1-7 November

The Post-Polio Network (NSW) Inc encourages all polio survivors to find about the late effects of polio by contacting the Network by phone on 02 9663 2402 or 02 9747 4694, or email info@post-polionetwork.org.au. The Network's website is at www.post-polionetwork.org.au.

Return to top

Conferences

++4-7 November 2003
United Nations Economic and Social Commission for Asia and the Pacific / China Disabled Persons’ Federation Regional Seminar on an International Convention on Disability, Beijing, China.

This regional governmental meeting will consider the Asia Pacific draft text proposal for the convention on disability, developed at the Experts Group Meeting held in Bangkok, 14-17 October 2003. This text proposal will be submitted to the Working Group of the Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities to be held early in 2004 through the United Nations Department of Economic and Social Affairs.

Further information about the seminar can be found on the WorldEnable website at www.worldenable.net/beijing2003.

++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.

++December 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: damiang@pwd.org.au or Sainimili Tawake at Disabled Peoples' International Oceania Sub-regional Office (email santawake@dpioceania.net.fj).

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 (allyc@pwd.org.au) or on one of numbers below.

Return to top

++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 lukeo'c@pwd.org.au.

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

Return to top