Resources

Sex and the NDIS: the Case That Has Everyone Talking

The Federal Court recently decided it was reasonable and necessary for an NDIS participant to receive funding for sex work. Sara digs into the must-read details of this fascinating ruling.

The tragic death of Ann-Marie Smith has shocked us all

The essence of human rights is the right of everyone to live a dignified life. A life with shelter, food, access to health care, safety, inclusion in the community and respect. As a community we should value human rights because we value people. People from all backgrounds, living circumstances and abilities. People like Ann-Marie. A police investigation is now underway, and Ann-Marie’s death has been declared a major crime. 

Adelaide woman’s ‘degrading’ death shows community’s ‘devaluation’ of people with disabilities

The case of an Adelaide woman who died after being left by carers in a cane chair 24-hours-a-day for a year shows the community still does not value people with disabilities as much as it should, advocates say. Her death, which Detective Superintendent Des Bray described as happening in “disgusting and degrading circumstances”, is now the subject of a manslaughter investigation.

Court rules NDIS must fund sex workers

Sex workers are a “reasonable and necessary” item to be funded by the NDIS, the Federal Court has ruled. Disability advocates welcomed what they described as a landmark decision and said the NDIA must accept it.

Family of victim calls for investigation into disability sector

Mrs Kidd said there were institutional failures to keep Australian children safe, as she and others had raised concerns with the disability service about Lizzul’s actions before the November date when Lizzul administered the morphine.

Victoria eyes revamp of prisoner mental health services

The Victorian government has admitted it needs to overhaul the way prisoners with mental illnesses and cognitive impairments are treated, concerned they are over-represented in jail, suffer more in custody and are more likely to reoffend on release.

Melbourne carer jailed for sexual assaults

A Melbourne disability carer sexually assaulted two intellectually disabled women in his care within an hour, telling one of them not to say anything or he would lose his job.

Disabled and with IQ of 50, one man seems destined for juvenile detention

Children’s Court president Judge Amanda Chambers has lashed out at the Department of Health and Human Services for leaving her with little option but to send a profoundly disabled young man – who may not understand what he has done wrong – to juvenile detention.

Ask An Expert: The Balancing Act of Supported Decision Making

The right to make your own decisions. It doesn’t get more fundamental than that when considering what makes us human. Questioning a person’s capacity to make decisions is one of the gravest insults one can make, yet in disability it can be thought of like an item on a grocery list. The assumption that people with disability have the right to make their own decisions, and should be given every support to do so, is a transgressive idea in our society. And as with any rights based social change, implementation can get a little tricky.

The NDIS, compensable injury and paybacks

Lawyers are challenged by the difficulty of advising their clients regarding the NDIS. The issue becomes complicated where the NDIS supports costs to be repaid to the NDIS are not at all related to the compensable injury, but to a pre-existing disability, or are in part pre-existing and in part injury-related. The issue is further complicated where the damages for care are for gratuitous care, not paid care for the kinds of supports that may be provided by the NDIS.