DARU Update
21 March 2011
- IN THE NEWS
- EVENTS
- PUBLICATIONS AND RESOURCES
- SUBMISSIONS, CONSULTATIONS AND FORUMS
- PAID AND VOLUNTARY POSITIONS
IN THE NEWS
School Transport Plea Falls on Deaf Ears
Evonne Barry, Herald Sun March 18, 2011
A profoundly deaf girl promised decent school transport by Ted Baillieu is being forced to spend four hours a day on a bus to and from class.
Kate McGuigan, 13, who cannot speak and has sight and sleeping disorders, yesterday made a personal plea to the Premier to reverse a government decision that has almost doubled her daily travel time.
Kate was among several deaf children photographed with the then Opposition Leader when he attacked Labor for cutting school transport services for disabled students in 2006.
But now, the year 7 Victorian College for the Deaf student - and several of her peers - have suffered the same fate.
Last week, the Education Department ordered her taxi be replaced by a bus trip from her Mordialloc home to her St Kilda Rd school - via Keysborough, Noble Park, Dandenong, Clayton, Hughesdale and Oakleigh.
Her single mother, Diana Nobbs, said she was appalled by this "ridiculous, convoluted journey every day".
She has had to cut her already limited work hours to drive her daughter to school.
Misha Elia, 6, from Keysborough, is another deaf student struggling with the new bus route. His mother, Maria, said Misha was also borderline autistic. "The new transport arrangement has thrown Misha's life into turmoil," she said.
"He fights to get out of bed, he doesn't do his homework. He's just too tired. School has gone from a joy to a struggle."
Before the 2006 election, Mr Baillieu said a Liberal government would restore taxi services for disabled students.
An Education Department spokeswoman said the buses were in line with policy.
To read the full story go to
Gang Bashes Teen at Railway Station
Mex Cooper, The Age, March 17, 2011
A group of youths took turns kicking and punching an intellectually disabled teenager in the head in the latest bashing at a Melbourne railway station.
The victim's mother alleges ticket inspectors were told of the assault but refused to help stop her son's attackers from fleeing before police arrived.
Heidi said her 17-year-old son, who has a mild disability, was made to kneel at the entrance of Westall railway station in Clayton South on Tuesday while a gang of up to seven youths bashed him.
The teenager was badly injured during the attack, which Heidi said lasted up to 20 minutes, and happened just after 4pm as her son made his way home from school.
Heidi said her son rang her screaming and when she arrived at the railway station she saw six ticket inspectors on the platform.
They followed her as she tracked down the youths responsible for the assault, she said, but they would not help her detain them and instead insisted she let them get on their train.
She said the ticket inspectors were behind her when she confronted the group but they told her neither she nor they had any authority to detain the boys, who were aged between 14 and 15.
A Victoria Police spokeswoman said Transit CIU officers were investigating the bashing that took place after the teenager got off a bus at the station.
Metro spokesman Chris Whitefield said a crew of Metro officers were at the station but did not witness the assault.
He said Metro staff contacted police when they were told of the attack and the victim's mother left before police arrived.
"Metro will continue to assist police with their investigation," Mr Whitefield said.
Heidi said her son had been devastated by the attack.
"I spent half the night up while he was screaming in his sleep," she said.
To read the full story, visit
Aboriginal Man with Intellectual Disability Languishes in WA Prison for a Decade
Friday, 18 March 2011
The detention for 10 years in the WA prison system of an unconvicted Aboriginal man with an intellectual disability is nothing short of a disgrace, Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda said today.
Commissioner Gooda said it was hard to believe that Mr Marlon Noble had been imprisoned without being convicted and without evidence against him having ever been tested in court.
“I am concerned and deeply saddened to hear about the case of Marlon Noble,” Commissioner Gooda said. “He should not be in prison and should certainly have been linked into appropriate support services from the outset rather than being left to languish in prison.
“A mature society simply can’t allow people like Mr Noble to be punished for the inability of the disability and justice systems to provide appropriate community supervision and support for people with intellectual disabilities and mental illnesses.
“It is a tragic fact that people who fall under the jurisdiction of mental impairment legislation can spend longer in custody than offenders who have been convicted of similar crimes.”
Mr Noble was arrested 10 years ago for an alleged sexual assault but he has never been convicted of the crime. Instead, Mr Noble was imprisoned without conviction under the Criminal Law (Mentally Impaired Accused Act) 1996 for the last 10 years.
Disability Discrimination Commissioner Graeme Innes, said it was important that community-based alternatives were pursued in cases such as this.
“The least restrictive option should be community-based supervision where he can access assistance to modify inappropriate behaviours. These alternatives must strike the correct balance between community safety and individuals’ rights,” Commissioner Innes said.
Commissioner Gooda said prisons should not be used as treatment options.“Prisons should not be used as a treatment option for people with intellectual disability, nor should they be used to warehouse people the system simply doesn't know how to accommodate,” Commissioner Gooda said.
“We should be diverting our resources into community-based services and treatment, rather than costly and unjust indefinite detention.”
Commissioner Gooda said the WA and Australian Governments had obligations under the Convention on the Rights of Persons with Disabilities to ensure that people with a disability have equal access to justice.
“Where is the justice for Mr Noble who has been locked up for 10 years because we don't have services to provide a safe community treatment option?” Commissioner Gooda said.
To read the full story go to
Commission Congratulates Honour Roll Inductees
17 March 2011
The Victorian Equal Opportunity and Human Rights Commission has congratulated Dr Paula Gerber and Dr Diane Sisely, who were among 20 women inducted into the Victorian Honour Roll of Women. The Honour Roll acknowledges and celebrates the achievements of inspirational women in Victoria who have shown vision, courage and a commitment to success in their chosen field and have made Victoria a better place. Both Dr Gerber and Dr Sisely have been recognised for their important work in promoting human rights.
- Dr Paula Gerber is an academic specialising in the two unrelated areas of Construction Law and International Human Rights Law. She is an authority on the use of human rights education as a tool to prevent human rights abuses, and is currently a member of the Victorian Equal Opportunity and Human Rights Commission’s Board. Dr Gerber has worked to promote women in the construction industry, establishing the National Association of Women in Construction in Australia in 1995.
- Dr Diane Sisely was Chief Executive and Chief Conciliator at the Victorian Equal Opportunity Commission from 1994 to 2004. She established the Australian Centre for Human Rights Education at RMIT University in 2007
For the full list of 2011 Honour Roll inductees, visit dpcd.vic.gov.au/women/victorian-womens-honour-roll
No Incentive for Jobseekers to get off Disability Pension
Patricia Karvelas The Australian 09March, 2011
New social security rates reveal that the "payment gap" between disability pensions and the dole has risen dramatically to $127.20 a week, as welfare groups vow to ramp up the issue -- with Greens support -- ahead of the May budget.
They argue there is no incentive for people to get off the more lucrative pensions and into work.
More than 3.3 million Australian pensioners will get a boost of between $5 and $7 in their payments from March 20 but 554,000 on the jobseekers' Newstart Allowance will have their payments increased by just $2.60 a week, to $237.45. The gap has increased by $8 a fortnight in just six months, while the pension rates balloon.
President of the National Welfare Rights Network Maree O'Halloran said for every dollar that the pension increases and payments for unemployed people remain virtually stagnant, there is an additional incentive for people on Newstart Allowance to test their eligibility for the Disability Support Pension.
To read the full story, visit
EVENTS
A Fair Wage for All
When: / Monday 11 April9:30 am.Where: / Meet in the Foyer, Federal Court of Australia, 350 William Street, Melbourne. (Directly above Flagstaff Train Station)
AED Legal Centre is a non-profit organization, with its legal team having represented more than 1000 clients in cases ranging from simple workplace disagreements to Federal Court hearings relating to discrimination in employment, education and harassment.
AED Legal Centre is about respect and justice: proper respect for people with a disability who want to work for a living and justice for them when the system treats them unfairly.
Now, the AED legal team is preparing for its greatest court-room battle ever: a bid to raise the appalling wages of about 20,000 employees with a disability who work in Australian Disability Enterprises (Sheltered Workshops) across the country.
Currently, the gross hourly wage rate of supported employees ranges from $1.71 per hour to $8.51 per hour with an average gross hourly wage rate of $3.61 per hour.
This is a very important case which has national significance and if successful it will improve the wages and quality of life of many people with a disability.
The AED team is out-numbered and out-resourced: while the Commonwealth and employers opposing the challenge are represented by a battalion of high-priced lawyers, our team is relying on the generosity of lawyers and barristers who believe in this case and are prepared to work pro bono (for free) to assist us.
We ask you to show your support and solidarity by coming to the Federal Court and witness the commencement of this historic battle.Limited assistance with the cost of public transport can be provided.
For more information please ring: Kairsty Wilson on 0411 252 410 or Justin Sethu on 9639 4333
Australian Symposium 2011
When: / 23rd – 24th May: Two Day Symposium25th May: Wheelchair Provision Workshop
Where: / University of South Australia, City West campus, Bradley Forum, Hawke Building level 5, 50-55 North Terrace, Adelaide
Register: / For more information or to register contact:
Kylie Mines, Motivation Australia:
Email: l: 08 8556 6703 / 04398 40194
Web:
Louise Carnell, The Bob Hawke Prime Ministerial Centre:
Email: Tel: 08 8302 0371
Web:
Motivation Australia, the First People’s Disability Network (Australia) and the Bob Hawke Prime MinisterialCentre are pleased to present the first Symposium addressing the mobility needs of Aboriginal and TorresStrait Island people.
The Symposium will engage stakeholders including Aboriginal people with a disability, service providers, Governmentand Non-government organisations through presentations and round table discussions to identify potential solutionsto the challenges many Australian First People face in accessing appropriate wheelchair services.
Presentations will include:
Experiences of wheelchair provision in Remote Australia including challenges surrounding appropriate technology,
Service delivery and training;
Success stories in wheelchair provision and / or disability service provision in Remote Australia and other contexts;
Findings and recommendations from remote community consultations currently being carried out by MotivationAustralia and the First People’s Disability Network;
An introduction to two World Health Organisation (WHO) documents and the relevance of these documents withinthe Australian context:
The WHO Guidelines on the Provision of Manual Wheelchairs in Less Resourced Settings and the WHO Community Based Rehabilitation Guidelines.
PUBLICATIONS AND RESOURCES
Disability Advocacy Case Studies now on YouTube
Recently Disability Advocacy NSW produced a DVD aimed at people with a disability to explain what disability advocates do and how they work with clients. It has been primarily designed as a tool to assist advocates who run information sessionsby providing visual examples of disability advocacy work. People with a disability were involved in the design and production of the DVD through a local business service in Newcastle. It was their idea to base the DVD in the style of a TV show (Cold Case) to make it more interesting and accessible.
DA hopes that other advocacy services may find the presentation useful in clearly explaining the waysthat many advocates work and have therefore loaded the clip onto YouTube for easier access. It also features on the DA website.
The link to the clip is
"V -- Case is a DVD presentation designed to show people with a disability how to seek the help of an Advocate to deal with unfair treatment.
The two case studies presented can be viewed and discussed in a group information session. Each case identifies how an Advocate can help with a range options to combat unfair treatment.
Living with Down syndrome - ABC Life Matters
/ / /ABC Life Matters, 16 March 2011
Down syndrome is the most common cause of intellectual disability in Australia today.
We might be a more diverse nation, but for many of the families featured in a new history of the disability, the feeling of entering a world that few people know is a very common one.
Jan Gothard is Associate Professor in Australian history at Murdoch University. Oral history is one of her particular talents and this time the project has a personal edge. Jan is the mother of three daughters, one of whom Maddie, has Down syndrome.
Her book Greater Expectations: Living with Down Syndrome in the 21st Century has just been published.
The welcome to the book is written by Justin Marshall, who lives with Down syndrome.
To listen to the audio, visit
SUBMISSIONS,CONSULTATIONS AND FORUMS
Are you a Young Person with a Disability who has been Involved in a Great Volunteering Placement?
YDAS is completing a project which focuses on the experiences of young people with disabilities volunteering. We are looking to do short interviews with young people (aged 12-25) with disabilities who are engaged/have recently been part of great volunteering placements with organisations that were supportive and inclusive. These interviews will appear online as part of Victoria’s new volunteering portal. A great hub for all things volunteering at
If you would like more info/are interested in being interviewed, please contact Bec at YDAS or 9267 3712.
We would also love to make contact with those who are placing the school students with disabilities in volunteer roles – if you could pass on those contacts that would be great. – we are looking for ‘younger’ young people for our steering committee also, so there may be some other opportunities for the students to link up with us.
Challenges of using PDF documents online (1/2 day forum)
2.00 pm - 5.00
Where: / Jasper Hotel, 489 Elizabeth Street, Melbourne
Register: / At
(Registration is free but essential as places are limited).
PDF documents are widely used on the web. On some sites they outnumber web pages. They are quick to produce, but can create challenges for accessibility and usability if not designed and used appropriately.
In this forum, you'll get to hear about the pros and cons of publishing PDF documents online, when PDF might be an appropriate format for content, and how to produce more usable, accessible PDF documents.
We'll have a panel of speakers from the public and private sectors who will discuss the use of PDF documents on their organisation's websites. You'll get the chance to ask questions and discuss the challenges you face in your organisation.
Sponsors: 4 Syllables and Vision Australia
Review of the Disability Standards for Education
In reviewing the effectiveness of the Standards, the Review will consider whether the Standards:
1. Have provided clarity and specificity for education and training providers and for students with disability and their families in relation to their rights and requirements under the Disability Discrimination Act 1992
2. Have assisted people with disability to access and participate in education and training opportunities on the same basis as those without disability
3. Have assisted in eliminating discrimination (including harassment and victimisation) of people with disability in education and training
4. Have promoted recognition and acceptance in the community of the principle that people with disability have the same fundamental rights as the rest of the community
5. Are compatible with Australia’s current education and training system.
For more information go to
The closing date for submission has been extended to 5 pm, 21 April 2011.
PAID AND VOLUNTARY POSITIONS
Ability + Program
The AED Legal Centre is a not-for-profit organisation providing free legal advocacy to people with a disability in the areas of employment and education.