Accessible Taxis? Not If Your Body Doesn T Meet Australian Standards

DARU Update

16th July 2012

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IN THE NEWS

Accessible Taxis? Not if Your Body Doesn’t Meet Australian Standards

Tricia Malowney, Pro-Bono News July 10

I have a simple catch cry which I use as an advocacy tool - "If you are funded to provide services to Victorians, that means all Victorians" - in the case of the taxi industry, it should be - if you are funded to provide services to Victorians with disabilities, that means all Victorians with disabilities, not just those whose bodies meet the Australian standards!

The Victorian Government has just announced that Wheelchair Accessible Taxis will now be used to get groups of people home from late night venues for a cheaper fare for each.How does the Government propose that people with disabilities should get home – of course, we don’t go out at night. Please consult with us before you make these arrangements.

I have long been concerned about the lack of meaningful consultation with people with disabilities by the Department of Transport in Victoria. The Public Transport Access Committee was disbanded following a review, and despite being newly reformed it has not met since May 2011.

So we have decisions being made which affect the lives of Victorians with disability being decided by people who have no understanding of the issues, but who are keen take shortcuts and implement inequitable policies, despite their state, federal and international obligations.

A recent example of this is the decision not to carry motorised scooters in wheelchair accessible taxis, unless the person can get out of the scooter and can sit in the seat.When questions are raised as to why this has been done, the response is that it is for the safety of passengers in a collision or during sudden braking, as they are unable to be tied down, because they do not meet Australian standards. They have not sought solutions, they have just said - you don't fit our passenger requirements.

We already have limited access to public transport in Victoria - we have over crowded trains, and I have been denied access to them on occasion when the driver has refused to load me, as "they "give priority to people who work" - apparently I travel at peak times for the thrill of it!

While we have some accessible trams, and some accessible tram stops, they do not always match up. I could catch a bus, but I am not guaranteed access to that in peak times either as a crowded bus means that the driver will deny me entry - again for safety reasons.

So I am left with taxis –not any more - they refuse to take me because my mobility limitations do not allow me to transfer safely to a seat within the confines of the taxi.

Here's a suggestion for the taxi industry, the Department of Transport and the Minister. Seek solutions, talk to us about what we need - some people have already sourced the solutions through TADVIC and done your job for you.

Alternatively, can I suggest that instead of demanding that our wheelchairs be modified to suit the needs of the taxi industry, that you take up your moral and legal responsibility and modify taxis to meet our needs. Start working within a human rights framework. We cannot redesign our bodies.

I am appealing directly to (Terry Mulder) to ask your Department what solutions have been sought, and them if they have spoken to TADVIC - they are a great organisation who will do the department's job for them.

I must declare that although I was a member of the previous Public Transport Access Committee, and have lobbied hard for meaningful policy and program consultation, I was warned not to apply for the new committee, as I was considered a trouble-maker for demanding that our rights be considered. The cheek of me.

To read the full story visit

UN: Strengthening the Protection of Women and Girls with Disabilities a Priority

Mona Rishmawi,, Office of the UN Human Rights Office, 13 July

“Strengthening protection of women and girls with disabilities from violence continues to be a priority”, said Mona Rishmawi, the Chief of the Rule of Law, Equality and Non Discrimination Branch in the UN Human Rights Office in Geneva during a side event hosted during the 20th session of the Human Rights Council.

Surveys and studies have shown that women and girls with disabilities experience a high rate of violence by a variety of actors within a range of situations and that this violence remains largely hidden.
The Office of the High Commissioner for Human Rights (has) prepared a “Thematic analytical study on the issue of violence against women and girls and disability”.

In its findings, the study noted that both men and women with disabilities are exposed to greater risk of violence. Societal barriers limit access to justice for persons with disabilities on an equal basis with other members of society. Sentiments that have also been credited to Special Rapporteur on torture and other forms of cruel, inhuman, degrading treatment or punishment.
However women and girls face an even greater risk of violence due to complex intersectional forms of discrimination as well as gender based assumptions and expectations. It also found that women with disabilities are also more exposed to forms of violence which are not experienced by women without disabilities.

Acts of violence against women and girls with disabilities also include other forms of physical and psychological violence and neglect including the withholding of medication and assistive devices, refusal of caregivers to assist in daily functioning, psychological manipulation and harming or threatening to ham. In addition, they are also particularly vulnerable to forced sterilization and other medical interventions carried out without their consent.
Recommendations in the study call for a national review of legislation on violence against women to take into account specific forms of violence experienced by women and girls with disabilities and to bring domestic laws in line with the Convention on the Rights of Persons with Disabilities and other relevant human rights treaties.
The study requested the Human Rights Council

• Review the international legal framework for the protection of women and girls with disabilities from violence
• Assess steps taken by states and other relevant stakeholders to meet their legal obligations from the perspective of legislation; prevention and protection programmes; prosecution and punishment; and recovery and rehabilitation.
• Initiate awareness raising programmes designed to change the societal perceptions of persons with disabilities.
• Ask States to ensure that services and programmes are accessible.
• Ask States provide adequate training for law enforcement officials, prosecutors and judges on the forms and types of violence experienced by persons with disabilities. In addition, legal counsel and legal aid services are to be made available and accessible to women and girls with disabilities.

The study found that violence experienced by women and girls with disabilities

• Remains largely invisible
• Current legislative, administrative and policy efforts do not link gender and disability in a meaningful way
• There is a lack of systematized and disaggregated data on violence against women and girls with disabilities and where it exists, the data is poorly recorded, inconsistent and incomplete;
• States programmes on violence against women do not adequately address the specific vulnerability of women and girls with disabilities.

To remedy this, the study proposes a dual-track approach - programmes to prevent and address violence against women and specific programmes and strategies targeting girls and women with disabilities.

To read the full story visit

Mental Health Group Disbanded

Kate Hagan, The Age, July 11, 2012

A group charged with overseeing mental health reform in Victoria has been disbanded, prompting concerns the state government does not have a plan to fix what experts say is a crisis-driven system.

The previous Labor government formed the Victorian Mental Health Reform Council in 2009 to provide high-level advice on implementing its 10-year reform strategy, ''Because Mental Health Matters''.

Mental Health Minister Mary Wooldridge did not seek to extend the appointments of council members including psychiatrist Pat McGorry at the end of their three-year terms on June 30.

A spokeswoman for Ms Wooldridge said the government was planning a replacement body and a new framework for mental health reform.But council members said they were concerned that no body had been immediately established to replace the council and that key reforms needed to improve the system had stalled.

Council member Margaret Leggatt, of the Victorian Mental Health Carers Network, said: ''We are so tired of things not happening in mental health. It just seems to go from one discussion paper to another and we don't talk much about implementation.

''There are good bits of reform happening but it's a bit piecemeal. I'm still hearing the same tragic stories I've heard for 35 years so I get a bit frustrated with it all.''

Opposition mental health spokesman Wade Noonan said shutting down the expert group indicated that the government had no policy program for mental health in Victoria. ''Ted Baillieu and Mary Wooldridge are apparently uninterested in having a group of experts provide them with advice and guidance.''

Professor McGorry said a major priority was to enhance community-based care, which had been neglected because hospitals were using all of their funds on treating the seriously ill. ''It is the ambulance at the bottom of the cliff, the system is only responding when there is acute need,'' he said.

Other council members said workforce planning and improving treatment for people with chronic mental illness were among key issues. They said work was urgently needed on a ''clear strategic framework'' to link services, particularly as the federal government rolled out new investments including expanding the number of headspace centres to treat young people aged 12 to 25.

Professor McGorry said: ''Having spent my professional life in mental health reform, if this government is considering a new strategy I'd really like to be involved.''

The disbanding of the council followed the state government shutting down Victoria's only 24-hour mental health helpline in January. A leaked department email said ''the decision is based on a government commitment to consolidate investment in the front end of the mental health service system'

To read the full story visit

New Group Appointed to Help Shape Mental Health Reforms

Media release, The Hon Mark Butler MP, Minister for Mental Health and Ageing, Minister for Social Inclusion and Minister Assisting the Prime Minister on Mental Health Reform, 22 June 2012

Minister for Mental Health Mark Butler announced the establishment of aConsumer Reference Group to set up the new National Mental Health ConsumerOrganisation. Mr Butler said the Consumer Reference Group would help guide the establishment of the new organisation announced as part of the National Mental Health Reform package.

“I’ve appointed ten people to the Consumer Reference Group who have the necessary expertise and experience to make a profound impact on the responsiveness and accountability of the mental health system. “Members were chosen by a selection panel made up of consumers, non-government and government representatives and bring a diverse set of skills, knowledge, sectordiversity and networks,” Mr Butler said.

The Australian Government has invested $4 million over five years to establish and operate the new National Mental Health Consumer Organisation as part of its landmark $2.2 billion national mental health reform package.

The Consumer Reference Group will be chaired by Mr Ian Watts who has an extensive health care background and substantial experience in leadership and organisational roles.

Mr Watts said diverse and inclusive consultation was central to Australia’s mental health reform. “It’s critical to listen to and support people who cannot always speak out independently to improve mental health systems, particularly the safety and quality of these services, and community awareness of the issues.”

The group will lay the foundations of the new Organisation through a range of engagement activities which may include consultations, forums and membership activities.

Once established, the new Organisation will be dedicated to representing the diverse views of mental health consumers to contribute to a more responsive and accountable mental health system.

The members the Consumer Reference Group are:Mr Ian Watts (Chair), Dr Michelle Banfield, Mr Michael Burge, Ms Fay Jackson, Mr Darren Jiggins, Mr Keith Mahar, Mr Lei Ning, Ms Lorraine Powell, Ms Emily Todorov and Ms Lily Wu

To read the full story visit

Device Lets Disabled Control PC With Eyes

AAP, Herald Sun, July 13,

Engineers say they have built a cheap device that lets disabled people control a computer with just their eyes.The gadget comprises two video-game cameras, costing less than $A10 apiece, attached outside the line of vision to a pair of ordinary glasses, reported the team from Imperial College London.

The cameras relay the eye's movements to an ordinary computer, wirelessly or via USB, and use one watt of power Test subjects control a cursor on a screen just like a computer mouse, it was reported in the Journal of Neural Engineering

"We have achieved two things: we have built a 3D eye tracking system hundreds of times cheaper than commercial systems and used it to build a real-time brain machine interface," said co-author Aldo Faisal.

"This is frugal innovation; developing smarter software and piggy-backing existing hardware to create devices that can help people worldwide ..."It also allowed patients to interact more smoothly and more quickly than more expensive technologies that require electrode implants in the brain.

"...by using mass-produced video game hardware, it is possible to produce an ultra-low-cost binocular eye-tracker with comparable performance to commercial systems, yet 800 times cheaper," the researchers wrote.The technology offers hope for restoring some level of independence to people who do not have use of their hands.

Other low-cost eye-tracking systems developed in the past had much lower performance, they added, while commercial-grade systems mainly used in research cost more than $20,000.

The researchers said they solved the problem of involuntary blinking in controlling the computer. Many systems use a blink to represent a mouse click, but the team calibrated their system to work on a single-eyed wink instead.

They were also able to calibrate how far into the distance their subjects were looking, holding promise for future applications that may allow people to control an electronic wheelchair simply by looking at where they want to go.

To read the full story visit

Disability Care's Review Process Raises Concerns

Interview with Anthony Scarcella, ABC RN, Radio Australia and ABC News Radio, 10 July 2012

The National Disability Insurance Scheme will fund people with disabilities with a whole of person approach: everything from education, equipment, carers, housing, respite and long term care.

Based on a 900 page report from the Productivity Commission the NDIS has received widespread support from all sides of government. The scheme is still in its earliest stages but next year 10,000 people will take part in a trial in selected areas.

But a strong supporter of the scheme has some concerns about what the review process of decisions made under the NDIS will look like.

A specialist lawyer, Anthony Scarcella a member of the Law Society’s Injury Compensation Committeebelieves there is a lack of independence in the review process in the NDIS scheme, which could lead to people receiving less support than they may need. The authority who’s making the decision (will) review its own decision. (There is) no independent funded legal representation(including) disability advocates acting for the disabled who are reviewing a decision made by the authority.

If you have a totally independent tribunal, whether it be the Administrative Decisions Tribunal or the Administrative Appeals Tribunal you’ve then got a clear case of having an independent judicial or quasi-judicial officer reviewing a decision made by a bureaucrat and you then have a better opportunity of the disabled person saying, ‘Well, I got a fair hearing, I was given a fair go.’

To listen or read the full transcript visit

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