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.
The Administrative Appeals Tribunal (AAT) has just released a mind-blowing judgement that could fundamentally alter the types of supports funded by the NDIS. It poses a question that has to be giving the NDIA massive anxiety attacks right about now: have we all got the reasonable and necessary criteria completely wrong?
Women with disabilities are being imprisoned in Victoria because the services required to care for them are available only to men.
The absence of services for women with complex needs has been highlighted in the case of Heba Teryaki, who has an IQ of 56, with both the sentencing and appeal judges saying she should not be incarcerated but there were no suitable services for her, despite the availability of such support for men.
Choice and control. Sounds easy, huh? In Real Life, bloody challenging. The NDIA has a tricky job to implement choice and control for Participants, and at the same time heroically challenge the systemic barriers of inclusion that mean real choice and control does not yet exist for many people with disability. What’s an Agency to do?
Kimberley Cramp, 28, and her partner-carer Alexander Trewin, 27, befriended the women before conning them into going to the couple’s Wodonga home, where the victims were held between August 15 and October 12, 2016.
A new 48-bed unit for women prisoners with complex needs will open at the Dame Phyllis Frost Centre (DPFC) today, completing a Mental Health and Wellbeing Precinct worth more than $40 million. the opening of the Rosewood Unit provides for women with complex needs which may include intellectual disabilities, physical disabilities and acquired brain injuries.
Up to 90% of women with disability have been sexually assaulted. People with disability are three times as likely to die prematurely than the general population from causes that could have been prevented with better quality care. But to provide victims with justice, we need to better understand why people with disabilities are more vulnerable to abuse and assault.
Law plays an important role in tackling this inequality and exclusion. For the past decade, the United Nations Convention on the Rights of Persons with Disabilities (the Disability Convention) – an instrument of international law – has been both a catalyst and guide for legislative reform enhancing the equality and inclusion of disabled people. To what extent, though, is this Disability Convention influencing domestic case law?
State government funding cuts to a South Australian service helping people with disability access the legal system will leave vulnerable people without a voice in police interviews or court, a disability advocates warn. “This state has seen what happens when vulnerable people cannot give evidence. We know that cases against alleged paedophiles and other abusers will collapse and offenders go free,” he said.
This resource is for parents, relatives and significant others caring for Victorians with a decision-making disability. The publication sets out in simple terms, how those caring for Victorians with a decision-making disability can protect and safeguard their futures.
A supreme court judge has issued a stunning public condemnation of the National Disability Insurance Agency, finding it tried to recoup funds with “no proper basis” from a woman with profound disabilities, and then came dangerously close to contempt of court.
When Nicole Lee’s husband was removed from her home after she disclosed a decade of abuse to hospital staff following a suicide attempt, it took her eight weeks to get a shower.
As the report confirms, many people with disabilities, through lack of support, find themselves on a pathway to prison and they are treated badly when they arrive being deprived of the support in prison that was not provided to them in the community.
Her Honour Judge Meryl Sexton has been leading the County Court’s contribution to the new Intermediary Pilot Program, regularly meeting with representatives from the Supreme Court, Magistrates’ Court, Children’s Court, the Department of Justice and Regulation and other stakeholders . The Intermediary Pilot Program was funded in the 2017-18 State Budget and is being managed … Continued
One person with disabilities is killed by their carer almost every three months in Australia, but these acts of domestic violence are often excused by the media and judiciary. The focus is too often on the killer. Here, we recognise the victims.