PWD E-Bulletin |
|
Issue 42, May 2007
Welcome to PWD’s e-bulletin. The e-bulletin goes out to members and interested others regularly 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 Allyson Campbell at PWD on email pwd@pwd.org.au or on one of the numbers listed at the end of this bulletin.
Contents
New South Wales newsOther state and territory newsNational newsInternational newsThe inside storyNew publications and resourcesConferences and eventsAbout PWDPrivacy statement |
NSW news++Blind or Deaf JurorsEarlier this month, the NSW Law Reform Commission (the Commission) released its report, 'Blind or Deaf Jurors'. This report, commissioned by the NSW Attorney-General in 2002, examines the issue of whether people who are profoundly deaf or have a significant hearing or sight impairment should be able to serve as jurors in NSW. Currently, NSW legislation does not allow for blind or deaf people to automatically be considered for jury service. PWD views this current practice of automatic exclusion of people who are deaf or blind from jury service as not only a denial of the rights of being an Australian citizen, which includes the right to be considered for jury service, but also a fundamental abuse of human rights. The practice is based on irrational prejudice, stereotyping and ignorance of people with disability. The Commission’s primary recommendation is that people who are blind or deaf should be qualified to serve on juries and should not be prevented from doing so on the basis of that physical disability alone. The Commission found that, whilst there may be individual cases where a blind or deaf person cannot perform the inherent requirements of the role of juror, a ‘blanket prohibition… as currently exists, is excessive and unnecessary’. In examining issues relating to people who are deaf, the Commission considered the issues of accuracy of sign interpretation, ability to evaluate evidence, comprehension of instructions, and secrecy of the jury room, jury deliberations and effects on length and costs of trials. After consideration of all these issues, the Commission found that there was no reasonable basis for the conclusion that a person, by virtue of deafness alone, is incapable of discharging the duties of a juror. In coming to its findings on this issue, the Commission drew extensively on the experiences of overseas jurisdictions, in particular the USA and New Zealand, both countries having had positive experiences of deaf people serving successfully on juries. In examining issues relating to people who are blind, the Commission considered the issues of inability to observe visual evidence and demeanour of witnesses. As with their finding on people who are deaf, the Commission found there should be no automatic exclusion of people who are blind. The Commission found that ineligibility for people who are blind should be made on a case-by-case basis. The Commission in particular stated that in most cases it was highly likely that visual evidence can be made accessible through reasonable adjustments. PWD is pleased to note that the Commission’s overall approach was primarily one where the focus should be on abilities, not disabilities, of individuals being considered for jury service. PWD is further pleased to note that the Commission agreed with PWD’s assessment that ‘the costs of [reasonable] adjustments as a proportion of the total cost of court administration is marginal and therefore no cause for concern’. Other recommendations included allowing the use of interpreters and stenographers, development of guidelines on the provision of reasonable adjustments, exemption claims and notification of reasonable adjustments. There was also a recommendation, based on PWD’s submission, that there is training of judicial officers in disability awareness, with a focus on reasonable adjustments. PWD congratulates the Commission on the production of the report. We now call upon the NSW Government to implement the recommendations contained in the report. Such implementation of the recommendations will ensure that people who are blind or deaf will be entitled to carry out their responsibilities as Australian citizens, including the right to be considered eligible to serve on a jury. The full report can be found at: www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_r114toc For further information about PWD’s involvement, contact Alastair Mc Ewin.++Home and Community Care Advisory CommitteeThe Department of Ageing, Disability and Home Care (DADHC) is inviting individuals to apply for membership of a new six member Home and Community Care (HACC) Advisory Committee. The Committee will advise both the NSW Minister for Ageing and Disability Services and the Federal Minister for Ageing on matters relating to the operation of the HACC Program in NSW. Members are appointed for two years as individuals and not as representatives of existing organisations or peak bodies. Membership of the Committee will comprise six people including:
Membership will be based on merit against agreed selection criteria. For further information about the selection criteria and the role of members go to the DADHC website at www.dadhc.nsw.gov.au and refer to the document, Information and Guidelines about applying for Membership. You can also contact Ms Alison Crisp on 02 8270 2417 or Alison.crisp@dadhc.nsw.gov.au; or Ms Carmel Caggegi on 02 8270 2216 or carmel.caggegi@dadhc.nsw.gov.au ++Appeal reduces sentence for perpetrator of physical assaultA perpetrator who physical assaulted a young woman with an intellectual and physical disability in his care has successfully appealed against his original sentence. As a result, the original sentence of 18 months has been reduced to 14 months, with a non-parole period of eight months. Geoffrey Smith was a carer employed by Life without Barriers when he was charged with physically assaulting a young woman in his care. Smith was witnessed gripping the victim’s hair, hitting her head against a car window and slapping her in the face. The assault was found to be unprovoked and the victim restrained at the time, so unable to escape the assault. The original sentence was appealed on the grounds that it was ‘manifestly excessive’. Although there is little quantitative data on assaults of people with disability, anecdotally there is significant evidence that very few cases of assault are referred to the police for investigation and even less result in a conviction. It is therefore very disappointing that in this matter, where a conviction was achieved, the appeal judges have failed to recognise the severity of this assault. The victim was a vulnerable women restrained at the time of the assault. The perpetrator was employed as her carer and the assault unprovoked. ++Licensed residential centres (boarding houses) updatePWD has campaigned for a number of years for the rights of residents of licensed residential centres (boarding houses). This advocacy has centred on a number of areas. Among these is the need for a new legislative approach. Currently boarding houses are licensed under the Youth and Community Services Act 1973. This Act is proscriptive on matters such as the floor space required for recreation area for residents, but does not cover other important matters as the level of care for residents. This has made it difficult for the relevant Government Department to prosecute boarding houses that failed to deliver adequate care for residents. Despite the problems with the current Act the Department of Ageing Disability and Home Care (DADHC) is currently prosecuting a boarding house for breaches of their license. PWD supports and congratulates DADHC for taking action against a boarding house that fails in its duty of care to their residents. ++32 Life Pieces art exhibitionThe Offices of the Public Guardian and Protective Commissioner are holding an art exhibition at State Parliament House in the month of June 2007 to celebrate the artistic achievements of people with disability. The theme of the exhibition is 'tell us about yourself, tell us about your life'. The breadth of work that will be on display is extensive and the stories behind the art work are unique and engaging. The exhibition showcases the original art work of many artists, and the majority of the art works will be for sale. You are invited to view this free exhibition.
Where: The Fountain Court ++Sydney Film Festival presents Accessible Cinema: 8-24 June 2007Working with Accessible Arts, the Sydney Film Festival has revealed an enticing program for 2007 which incorporates Accessible Cinema. A powerful program of films about people with disabilities for all film-goers will include Autism Every Day, Blindsight, Here and Now, Braindamajd’d…Take II and Rachel: A Perfect Life. Accessible Arts is thrilled to acknowledge The Sydney Film Festival’s professional approach and policy that the festival is for all. This commitment has ensured that a selection of films will be captioned, audio described and Auslan interpreted. Tickets and FlexiPasses are available from Ticketmaster on 136 100. For full access and program information or to select films for online booking, visit www.sydneyfilmfestival.org and go to the Accessible Cinema page under ‘Program’. |
Other states and territory news |
National news++PWD 2007 Federal Election forum – invitation to attendAs most readers of E-Bulletin should be aware there will be a Federal Election held later this year. As part of PWD’s ongoing campaign to ensure that the rights of people with disability are part of the political debate we will be hosting an election forum on disability issues.
When: 6.00 – 8.00pm, Thursday 28 June 2007 Invitations have been extended to the Minister for Families, Community Services and Indigenous Affairs, The Hon Mal Brough; and Democrat Spokesperson for Family and Community Services, Senator Andrew Bartlett. Senators Jan McLucas and Rachel Siewert have confirmed their attendance. In conjunction with this event and in the lead up to the election PWD will be producing a number of information flyers that members can use in their own conversations with MPs and candidates.
If you would like to attend the forum please contact Allyson Campbell, PWD. . ++Responses to 2007/2008 Federal BudgetThe Federal Budget delivered on 8 May by Treasurer Peter Costello offered little in the way of sharing the nation’s current economic strength with people with disability. Comments from several similarly concerned organisations follow.
PWD‘PWD was pleased to see a number of initiatives in the 2007 Federal Budget that were provided to groups such as carers and veterans,’ said CEO, Alastair McEwin.‘However, of far greater concern is that, in the vast scheme of things, people with disability miss out once again. With the Budget surplus as it is, the Federal Government had an opportunity to go beyond current programs and resources and establish funding for long overdue initiatives that would go a long way in ensuring access for people with disability.’
Australian Federation of Disability Organisations‘The budget provided financial support to carers, with a lump sum payment being provided to carers for the fourth time, but no similar additional financial assistance provided to people with disability, with the exception of Veterans with disability.The extension of the higher rate of Mobility Allowance to people on Parenting Payment and Supported Wages System workers is welcome. These groups were not included when the higher rate was introduced under the Welfare to Work reforms.
In addition to the new expenditure items listed below, the budget includes funding to continue the business services case-based funding model and provides expanded mental health services in drought affected communities. The latter will be funded from existing resources within the Department of Health and Ageing.’
ACOSS‘ACOSS welcomes the Government’s initiatives on childcare, one-off payments to carers and seniors, and the education measures targeted towards low income Australians,’ President Lin Hatfield Dodds said.
‘But given the large Budget surplus and the largesse of tax cuts, overall the Budget failed to deliver a strategic approach to ensuring a fair go for all Australians.’
Greens‘The budget does not provide nearly enough funding to address the pressing issues faced by the disabilities sector. The budget measures announced are small and relate primarily to extending already existing programs,’ said Senator Rachel Siewert.http://greens.org.au/media/releases/release.php?release_id=186 ++Review of Accessible Transport StandardsThe Disability Standards for Accessible Public Transport 2002 (the Transport Standards) took effect on 23 October 2002. This is the first review. The Allen Consulting Group has been engaged to undertake the 2007 review of the Transport Standards. Details of the review can be found at http://www.ddatransportreview.com.au/?x=home PWD will be making a detailed submission which will seek to address a number of areas including;
Other areas PWD will be examining include Wheelchair Accessible Taxis (WATS), access to ferries and wharves and rural bus routes, especially when these have replaced accessible rail services. If you have any information that you believe may be of use to PWD in our submission please contact Digby Hughes at PWD by 30 June 2007. As mentioned in E-Bulletin Issue 41, PWD is collating this information collaboratively with DDLC. You are welcome to contact the DDLC with your case studies. Please do so by Friday 15 June 2007:in writing, by email to info@ddlcnsw.org.au (please put 'DDLC Transport Case Studies' in the subject heading) by post to DDLC Transport Case Studies PO Box 989 Strawberry Hills NSW 2012, or by fax on 02 9310 7788 by telephoning DDLC on 02 9310 7722 / 1800 644 419 / TTY 09310 4320. ++New national accessible tourism website projectaustraliaforall.com.au is a new national e-service which allows tourists with disability and their families to obtain information about the accessibility of the accommodation and tourist venues which they wish to visit. At the same time it can assist tourist providers within the tourist industry to improve their services and therefore encourage more tourists with disability to use them. The features of this e-service include:
++Women’s Report Card ProjectSince 2004, PWD has been working with the Women’s Rights Action Network Australia (WRANA) on the Women’s Report Card Project (WRCP). The first three stages of this project have involved Australia-wide consultations with women; the development of State, Territory and national reports; and representation of the issues arising from these reports to the United Nation’s Committee reviewing the Australian Government’s progress in implementing the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The fourth phase of the WRCP is now underway. This phase aims to ensure that the recommendations made by the UN CEDAW Committee are incorporated into the advocacy plans and strategies of those working on women’s human rights in Australia. To date, this phase has involved the development and delivery of workshops in Victoria and the development of a resource kit on CEDAW, the human rights treaty system and the application of CEDAW to human rights advocacy. The four recent Victorian workshops concentrated on specific issues arising from the UN CEDAW Committee’s recommendations, and were conducted in both urban and rural locations, as follows:
With the completion of these workshops, work will now begin on finalising the resource kit. It is expected that the resource kit will guide the development and delivery of similar workshops in other States and Territories. PWD will continue to ensure that the issues and concerns of women with disability are integral to the WRCP. Information about the WRCP can be found on WRANA’s website at: http://www.wrana.org.au/ For more information contact contact Therese Sands at PWD.++Captioned Australian films on the big screen to become a realityAfter prolonged lobbying by the disability sector, the Australian Film Finance Corporation (FFC) has announced that, effective 1 July 2007, all feature films that receive financing from the FFC will be required to be captioned. Such captioning will provide access to these films for Deaf and hearing impaired people. The FFC has also announced that producers of FFC-financed films are required to make sure that these Australian feature films are captioned when released in public movie theatres and on DVD. Alastair McEwin, PWD’s Chief Executive Officer, stated: 'This announcement by the Australian Film Finance Corporation is very warmly received. In the past, successful Australian movies such as Crocodile Dundee, Priscilla, Queen of the Desert and Moulin Rouge, when released on the big screen, have been inaccessible for the estimated 3 million Deaf and hearing impaired Australians.' 'PWD congratulates the many individuals and organisations who have lobbied for this well-overdue initiative.' For more information, go to: www.ffc.gov.au/news |
International newsReturn to top |
The inside story++Reminder -- Members’ event, 2 JunePWD is pleased to announce that The Hon. Kristina Keneally, MP, NSW Minister for Disability Services will be attending our special Members’ Event this Saturday evening, 2 June 2007, 5.00pm -8.00pm at the Redfern Town Hall, 73 Pitt Street, Redfern. PWD members are invited to join us as we explore the question: 'What will life be like in 2057 if 80 percent of people have a disability?' This entertaining hypothetical will be hosted by Andrew Buchanan, Chair of the NSW Disability Council and a well-known media personality.
The panellists will include: An array of fine gourmet finger food and drinks will be served on the night. If you would like further information contact Allyson Campbell either by email: allyc@pwd.org.au or phone (02) 9370 3100 Toll Free: 1800 422 015 and TTY: (02) 9318 2138 Toll Free: 1800 422 016. |
Publications and resourcesReturn to top |
Conferences and events++31 May 2007
Housing and Support for People with Disability Conference, organised by Shelter NSW and Multicultural Disability Advocacy Association of NSW, Avillion Hotel Sydney, cnr. Pitt and Liverpool Streets, Sydney, 9am to 5pm ++6-8 June 2007ACE Annual Disability Employment Network Conference 2007, Grand Hyatt, 123 Collins Street, Melbourne. For further information, contact ACE by ph: (03) 8676 0353; fax: (03) 8676 0355; info@acenational.org.auRegistrations: www.acenational.org.au The Draft Program for the ACE Conference has been released. ++19 June 2007Community Building: Critical Voices, Alternative Strategies. National Symposium, Darebin Arts and Entertainment Centre, Melbourne.Key Speakers: Jenny Shale, Brian Howe, Peter Kaldor, Daniel Donohoo, Sue Smyllie, Tony Cutcliffe. This Symposium is hosted by the Centre for Civil Society, a public policy and social innovation think tank. The Centre is a non-party organisation that welcomes participants from all social and political backgrounds in strengthening civil society and empowering people in families, communities, associations and small businesses. It is the only think tank in Australia committed to a wide-ranging agenda of empowerment of the little people. www.civilsociety.org.au ++22 June 2007Hot topics in disability discrimination law – A focus on the UN Convention on the Rights of Persons with Disabilities and education. The NSW Disability Discrimination Legal Centre is running a free half day seminar on current issues and developments in disability discrimination law. Graeme Innes AM, Human Rights Commissioner and Commissioner Responsible for Disability Discrimination, Human Rights and Equal Opportunity Commission (HREOC), will deliver an opening address.Guest speakers will then talk about the UN Convention on the Rights of Persons with Disabilities and issues affecting students with disability and their families in the area of education. To conclude the seminar there will be a panel discussion and question time for the audience. The forum will be held in Sydney between 9.30am and 1.30pm on Friday 22 June 2007. If you would like to attend, you should email NSW DDLC on info@ddlcnsw.org.au or phone (02) 9310 7722 or TTY (02) 9310 4320 to request a registration form. Numbers are strictly limited. Registrations close on Friday 8 June 2007, but places may fill up earlier than this date, so please register early if you would like to attend. ++23-25 July 2007An inaugural international conference, ‘Children & Young People are Key Stakeholders: Values, Vision & Innovation’, will be held in Perth on 23-25 July 2007.Three organisations came together to create this conference: the Centre for Vulnerable Children and Families WA, Mercy Care WA and Wanslea Family Services WA. They are supported by the WA Department for Community Development, Office of Children and Youth and the Department of Education and Training’s Care and Protection Division. The conference purpose is to contribute significantly to the understanding of children, young people and their families in the community. For more information, go to www.caypaks.com ++30-31 July 2007National Disability Services Employment Forum to be held at the Hilton Hotel Sydney, 488 George Street, Sydney.The conference will provide multiple streams to reflect the diverse interests of participants and cater for both Disability Employment Network providers and Disability Business Services and for both mangers and support staff. ++12-14 September 2007Australian Association of Developmental Disability Medicine Conference 2007, Adelaide Holiday Inn, Adelaide. This conference will be for everyone with an interest in the health of people with developmental disability, health research, practice and ethics.Please follow this link for further information about the conference, www.ncoss.org.au/mail/email-promotion-april-07.pdf or visit the Conference website via the link below. www.plevin.com.au/AADDM2007. ++About PWDPeople 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, PWD. ++PWD's training servicesPWD has extensive experience in the development and delivery of professional training across a wide range of disability areas, including:
Training packages developed are flexible and tailor-made to meet the needs of the particular organisation. To find out more about PWD's training services or to discuss your specific training needs, contact Manager, Information & Education, Kathryn Knight or Ph 02 9370 3100. |
++Privacy statementWe 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
Allyson Campbell, PWD. This newsletter contains links to websites. We cannot be held responsible for the privacy practices (or lack thereof) or the content of such websites. |
|
++Contributions to E-Bulletin
Please note that PWD publishes items contributed by other organisations at our discretion. While we will assist where possible in the dissemination of information, we do not take responsibility for the promotion or advertisement of events organised by other organisations. If you would like to receive PWD E-Bulletin in an alternative format or have an enquiry, contact Allyson Campbell, PWD.Or by one of the means below.
People with Disability Australia Incorporated |