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Creating a more connected Physical Disability community through the COVID-19 Pandemic

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• Physical Disability Australia
• Latest News
• Aug 2020

Countries similar to Australia (including Canada, New Zealand, the United Kingdom and South Africa), have national laws or constitutional protections in place that safeguard basic human rights and freedoms.

Unfortunately these currently don’t exist in Australia.

Whilst Queensland, Victoria and the ACT have their own human rights legislation, no consistent national protection exists to protect all Australians. Instead, Australia has traditionally relied on parliament and existing legislation to protect rights, rather than formally enshrining them in law.

For the disability community, this has real impacts.

People with disability continue to face discrimination, restrictive practices, barriers to housing and healthcare, exclusion from employment and education and challenges accessing justice. Without stronger legal protections, disability rights can too easily be treated as policy issues instead of enforceable rights.

This is particularly important during major reform or political change, when decisions may be made without full consideration of the rights and actual lived experiences of people with disability.

Whilst a national Human Rights Act wouldn’t solve every issue overnight, it could create stronger accountability by ensuring governments and public institutions are guided by human rights in the creation of laws and policies, and decision making. It would also provide clearer direction if rights were breached.

Human rights are not abstract legal concepts. They are protections that support dignity, independence, equality and full participation in Australian life.

This week, independent MP Andrew Wilkie introduced a Bill into Parliament to establish a national Human Rights Act, supported by Helen Haines MP. The proposal follows earlier recommendations from the Parliamentary Joint Committee on Human Rights calling for stronger national protections.

Last month, Hugh de Kretser, President of the Australian Human Rights Commission, also spoke about the need for a Human Rights Act and the role it could play in areas such as healthcare, housing and education.

To learn more or to support the campaign, visit Human Rights Act:

https://www.humanrightsact.org.au/

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Written by Andrew Fairbairn – PDA Vice-President/WA Director

Once upon a time there was a guy who was a left below knee amputee. 

In January 2019, he applied for, and was given access to the NDIS as a participant. He was very excited about this because he and others had lobbied hard for this Scheme.

In his first plan, built by an NDIA Planner who knew nothing about amputees,  he was given ample Capital Support Funding to provide a complete rebuild of his everyday prosthesis,  a brand new, complete fully water proof prosthesis and a very expensive custom wheelchair, complete with a set of off-road wheels and a free wheel device for him to use when he goes camping, which is one of his big goals.

He was given Capacity Building funds to employ an OT to do a full Functional Capacity Assessment. He went through this process and it was identified he needed to get a wheelchair and the new prosthetic limbs, among other things AT.

It was identified that in the next plan Home Modifications Capital Support funding should be asked for and granted as reasonable and necessary. The OT did all that was required of her with regards to documentation, photos and justifications for the next plan.

To say he was happy, is an understatement. He is working in the disability industry, is a passionate advocate and activist and a leader in the Amputee community. He knows the NDIS is very good for his community and continues, despite its flaws and failings, to promote it and extol its virtues.

In January 2020 he had a plan review asking for the Home Modification process to be started and asked for funds to start the process as was identified in the FCA completed in 2019.

The plan was sent to the Delegate for approval at the end of January 2020. The plan was approved and arrived in his My Gov account on the 19 January 2020 and he sent it straight back for S100 review due to the omission of the asked for Home Modification Capital Supports.

In April 2020 he received an outcome of the S100 review stating, amongst other things,  “I am not satisfied that there is sufficient evidence at this time to make a determination as to whether the requested support represents value for money” and “I have assessed this support against each of the criteria in section 34 of the NDIS Act, and I am not satisfied that your request is reasonable and necessary.” This is his personal favourite,” “I am not satisfied that there is sufficient evidence at this time to make a determination as to whether the requested support is effective and beneficial.” To date, he is still fighting with the Agency to get the Home Modifications completed.

The One-Legged Sax Player is a nice guy. He works hard, He is a husband, a father, a colleague, a friend, a confidant, a board member, a speaker, a teacher, an advocate and an activist. He is well regarded in his community and works his butt off for them with little or no reward.

He has paid taxes since he was 15 years old and has served his country in the Royal Australian Navy, so it begs the question, on what planet does a ramp covering 4 steps and making accessing his house in a wheelchair, not reasonable, necessary, effective or beneficial?

It is with deep sadness that we share that Ms Sue Salthouse has passed away.

Known, loved and respected for her lifelong dedication as a disability advocate and beautiful soul, Sue’s passion, generosity and zest for life will be remembered and treasured.

Sue’s accolades included:

• Member of the Independent Advisory Council (Council) to the National Disability Insurance Scheme (NDIS) from 2017-2020.
• Recognition as a prominent member of the Canberra community.
• Recipient of the 2020 ACT Senior Australian of the Year – for her work advocating for women with disabilities.
• Canberra Citizen of the Year in 2015.
• ACT Senior Woman of the Year in 2014.
• Tireless social justice/human rights worker – focusing on the issues of gender and disability discrimination (particularly in regards to women with disability).
• Chair of Women with Disabilities ACT.
• Director of Women in Adult and Vocational Education (WAVE) and Rights & Inclusion Australia.
• Chair of Advance Personnel (Disability Employment Service).
• ACT representative on the COAG Advisory Panel (2015-16) working to reduce violence against women and their children.
• Member of the governing Council of the University of Canberra.
• Immediate past Chair of the ACT Disability Reference Group.
• Sharing her passion for improved access to assistive technology supports. Through providing significant advice on the topic, Sue strove to help people with disability live their best life possible.
• A loved and valued Member of PDA.

Liz Reid, PDA President, paid tribute by saying “Sue was a total icon and mentor for women with disability. She was passionate, strong and had the most amazing way with words. An eloquence that captured the beauty and magic of life, whilst insisting that those living with disability were heard and included in the conversation. She will be forever missed, but never forgotten.”

We send our sincerest condolences to her family and friends.

RIP Sue. 💖

written by Sharon Boyce – PDA Director (QLD)

My name is Sharon Boyce and I am on the Board of Physical Disability Australia. I am also an author, educator and disability advocate – wearing many different hats and performing many different roles that I never imagined I would be a part of. I am the Advisor to the Queensland Disability Minister and Chair of the Queensland Disability Advisory Council. I am also a part time education academic at University of Southern Queensland (USQ) completing my PhD and a consultant in disability awareness.

I was diagnosed with Juvenile Chronic Arthritis at 11 and have used an electric wheelchair since I was 21. When I was diagnosed I never imagined the impact and change this would bring to my life. I went from a child who never stayed still and who was on every sporting team possible to a very different world. Limited in some ways and expanded in others, but as a person living a very changed life. I had no idea about disability and did not want to acknowledge or be part of anything that was different.

That has certainly changed over time. Through my journey I have explored and discovered many areas. I have become more involved within the disability community, working across many areas to promote a true understanding of disability and diversity. I explored my hobbies of art and music and these became new passions for me, giving me a creative outlet that I had not realised was possible. I have had the chance to exhibit, sell my paintings and also just paint for fun. Music and singing has also been central to my world. I have always felt very lucky that my mum had encouraged this – taking me to music lessons and putting up with my practice since I was four years old. These skills have proved useful in my life especially my work in radio, where I got to  interview singers and review movies for over ten years.

I am committed to creating a world where real lived inclusion is possible. I believe that through real hands-on education and experience, and through sharing my story and the stories of others, that barriers can be broken down and real understanding can be achieved. This is real disability awareness.

As time progressed I felt there needed to be more information and understanding about what disability is and how it impacts on individuals in our community. I developed a “Discovering Disability and Diversity” hands-on, experiential awareness programme which enables students, teachers, carers, doctors, health workers and the general public to experience and explore a wide range of disabilities. You can read more about this at www.discoveringdisability.com.au.

PhD Research into dyslexia and educational inclusion and running lectures at USQ have also given me the opportunity to enable others to explore and understand a little more about physical and hidden disabilities, dyslexia and creating inclusive curriculum, pedagogy and workplace support. Through educating others to understand that not all disabilities are immediately obvious, I believe that society will be discouraged from making assumptions and drawing inaccurate conclusions.

I have written a number of books, recently launching “Discovering Dyslexia” with the Queensland Disability and Education ministers. I have also designed an educational resource kit called “Another Day in the life of Sharon Boyce”,written a children’s book called “Discovery at Paradise Island” which is now part of the NSW School Syllabus.

These experiences and opportunities have brought a richness to my life. I am committed to creating a world where real lived inclusion is possible. I believe that through real hands-on education, experience and through telling my story and the stories of others, barriers can be broken down and real understanding can be achieved. Enabling better understanding and empathy that initiates conversation about disability access and inclusion, ultimately working to breakdown barriers.

Born with no disability, I never would have believed this would be my life now and that creating an understanding of disability and sharing my story would be central to who I am. My own acceptance and acknowledgement was key to this.

I believe that together we can create inclusive communities through enabling us all to live our best lives. 

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