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Queensland Advocacy Incorporated

Queensland Advocacy Incorporated (Q A I) is an independent, community-based systems and legal advocacy organisation for people with disability in Queensland, Australia.

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  • Home
    • Latest News
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  • About Q A I
    • About us
    • Contact
    • Our people
    • Membership
    • Opportunities
    • Support us
    • Funding & acknowledgments
    • Frequently Asked Questions
    • Testimonials
  • Systems Advocacy
    • All Submissions
    • Submissions to the DRC
  • Individual Advocacy
    • Human Rights Legal Service
    • Mental Health Legal Service
    • Justice Support Program
    • NDIS Appeals Support
    • NDIS Decision Support Pilot
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    • Education Advocacy Service
    • Social Work Service
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    • Organisational documents
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Australian Human Rights Scorecard Released Ahead of UN Review

QAI is one of over 200 organisations which have co-authored and endorsed the Australian Human Rights Scorecard, which was published today by the Human Rights Law Centre, Kingsford Legal Centre and Caxton Legal Centre.

 

The report was prepared ahead of a United Nations Human Rights Council review of Australia, and identifies 22 key areas of concern for the review. You can find the media release on the report here and the full report here.

 

Below is an extract from the report on People with Disability.

 

PEOPLE WITH DISABILITY

The National Disability Strategy (NDS) is Australia’s policy framework to implement the Convention on the Rights of Persons with Disabilities. In 2019, the CRPD Committee raised serious concerns about the lack of implementation, funding and oversight of the NDS.

 

The new NDS must be properly resourced through a robust National Disability Agreement between all levels of Government. Transparent monitoring and evaluation of outcomes for people with disability must be linked to accountability measures across Governments, ensuring targets are met. People with disability, and their representative organisations, must also be positioned at the centre of the NDS’s development, implementation and monitoring.

 

Legislation regulating legal capacity remains problematic. Australia’s Interpretative Declarations to CRPD Articles 12, 17 and 18 prevent reform and allow human rights violations. No progress has been made towards a national Supported Decision-Making Framework. Despite persistent UN recommendations, behaviour management,  involuntary treatments and restrictive practices occur across a range of settings.

 

Australia must withdraw CRPD Interpretative Declarations before 2026 and modify, repeal or nullify laws, policies and practices which deny or diminish equal recognition before the law. Australia must eliminate restrictive practices, involuntary treatment, forced sterilisation and medically unnecessary interventions of people with disability.

 

People with disability, particularly women, experience significant violence and abuse.

 

The Disability Royal Commission must address the systemic drivers of this violence and establish national mechanisms for redress, complaint and oversight.

  • 9 Apr, 2020
  • (0) Comments
  • By Admin
  • In the media, Latest news
Australian Coalition for Inclusive Education member banner: C Y D A, All Means All, Purple Orange, Family Advocacy, Q A I, Tasmanian Disability Education Reform Lobby, Imagine More, Queensland Collective for Inclusive Education.

Media Release – The right to inclusive education must not be contested by the Disability Royal Commission at the first hearing commencing in Townsville today

Download or print PDF.


Today marks a historic day with the commencement of the first public hearing of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability on education and learning.

For too long the rights of people with disability to inclusive education have been contested in this country, and misguided ideas have prevailed, with devastating impact.

Decades of evidence overwhelmingly shows that children and young people with disability achieve best in inclusive schools – and that their non-disabled peers benefit as well – yet they continue to be placed in special schools, separate classrooms, in part-time schooling, and doing a separate – or worse, no – curriculum.

The Australian Coalition for Inclusive Education (ACIE) is a new national coalition to ensure that Australia adopts a human rights and evidence-based approach to education for children and young people with disability.

We will be attending the first hearing and call on the Disability Royal Commission to uphold in accordance with its Terms of Reference, the full and equal enjoyment by all children and young people of their human rights, and to recognise the role of inclusive education in the realisation of a more inclusive society.

The Disability Royal Commission must not stray from this course; it must not put inclusive education “on trial” or allow itself to be swayed by those who want to maintain the status quo, or worse, that seek that Australia go backwards by increasing segregated education.

Inclusive education is a human right for all recognised by the UN in international law that binds Australia – the Convention on the Rights of Persons with Disabilities and General Comment No. 4 – and it is everyone’s right, regardless of their disability and the complexity of meeting their needs.

The role of the Disability Royal Commission is not to contest, diminish or interrogate inclusive education; rather it is the systems that continue to fail children and young people with disability, and those who would deny them an inclusive education that must be interrogated.

For as long as society chooses not to include children with disability in education and to set them up for a life apart and at its margins, the experiences of violence, abuse neglect and exploitation that are the subject matter of this Disability Royal Commission will remain unresolved and insurmountable.

Quotes attributable to Mary Sayers, CEO, Children and Young People with Disability Australia:

“Last week we released a landmark report that shows the systemic abuse and neglect of students with disability and they are routinely abused, excluded, suspended, bullied and their educational experience is categorised by low expectations.”

“The Disability Royal Commission presents an opportunity for Australia to right its wrongs and start providing children with disability the inclusive education they are entitled to – it is their human right.”

Quotes attributable to Michelle O’Flynn, Director, Queensland Advocacy Incorporated

“Queensland now has a Human Rights Act with the right to education whereas previously it was at the discretion of the Minister.”

“It is imperative that the Royal Commissioners ensure that their deliberations and findings reflect the Convention on the Rights of Persons with Disabilities and that all students with disability are included in general education just as people with disability are supported and included in community.”

“If we don’t support and include children in the supportive environments of school then what kind of life on the outer are we condemning them to as excluded adults?”

Quotes attributable to Sue Tape, Queensland Collective for Inclusive Education

“As students and families go about the process of readying themselves for the Royal Commission, we remind ourselves about who we are: “… a group of families who promote inclusive lives for our children with disability and work together to make inclusive schools a reality for all.”

“We want the Commissioners to consider the impact of segregation as an act of exploitation and educational neglect. We want the impact of micro-exclusions and emotional aggression to be examined as a cultural failing of the education system to recognise the need for inclusion. We want the lack of national leadership and whole of government approach to be examined.”

“This and the next generation of students need ALL of us to be the ‘adults in the room’ and lead real change for ALL students, now.”

Ends

Mary Sayers, CEO of Children and Young People with Disability and co-convenor of the Australian Coalition for Inclusive Education will be attending the first hearing in Townsville between the 4 and 7 November and is available for media comment. All media enquiries to marysayers@cyda.org.au or 0407 126 351.

FAQs – Some Myths and Truths about Inclusive Education Myths and misguided ideas include:
  •  A school or early childhood service cannot include a student because it does not have enough resources
  •  Inclusive education is only for some students
  •  Students with intellectual disability or complex disabilities cannot be included in general education settings
  •  Inclusive education is when a student attends a ‘mainstream’ school but they are withdrawn from the class for ‘special’ education classes or units
  •  Inclusive education can occur in segregated settings
  •  Inclusive education leads to poorer educational outcomes for students without disability because they take up all the teachers time
  •  Students with disability have better educational outcomes in “specialist” segregated settings
  •  Segregated settings keep children with disability safe
  •  Parents can make free and informed choices, in an education system free of ‘gatekeeping’ and discrimination
  •  Students who exhibit behaviour that is perceived as “challenging” cannot be included in general education.

Truths:

  •  Six decades of research show the benefits of inclusive education for ALL students
  •  Students with disability who are properly supported in general education settings have better academic and post-school outcomes than their peers with disability in segregated settings. But the benefits don’t stop there – they also experience a range of social and behavioural benefits
  •  There are a wide range of benefits for students without disability, teachers, educators and the community
  •  Students whose needs are met in a supportive and inclusive learning environment with positive peer role models are less likely to exhibit behaviour that is perceived as “challenging”
  •  Children and young people with disability and their families experience widespread discrimination and ‘gatekeeping’ and face significant barriers in asserting their right to inclusive education.

For more information on the evidence for inclusive education available at https://www.cyda.org.au/inclusion-in-education and includes

Evidence review

Towards inclusive education: A necessary process of transformationWhat is inclusive education?

Fact sheets

What is inclusive education?

The benefits of inclusive education

Addressing ableism in education

Transformation to inclusive education: the next steps

  • 4 Nov, 2019
  • (0) Comments
  • By Admin
  • In the media, Latest news, Media releases
Lone wheelchair with title Suffer No More

Suffer No More – a documentary about the NDIS

As the National Disability Insurance Scheme continues to roll out, people are feeling overwhelmed, unheard and facing road blocks at what can feel like every turn. Brisbane journalism student Loughlin Patrick has collated peoples experiences and brings you ‘Suffer No More’, a documentary that looks into the NDIS from many perspectives, including from QAI NDIS Appeals advocate, Courtney Wolf.
  • 3 Jun, 2019
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  • By Rebekah L
  • In the media, Latest news

Royal Commission into Violence, Abuse, Neglect and Exploitation within the Disability Sector

The Prime Minister, Scott Morrison, has announced a three-year $527 million  royal commission that will examine violence, abuse, neglect and exploitation within the disability sector.  Former Federal Court Judge Ronald Sackville AO QC will lead the Royal Commission.  The supporting Commissioners will be –

  • Barbara Bennett PSM
  • Dr Rhonda Galbally AC
  • Andrea Mason OAM
  • Honourable John Ryan AM, and
  • Alistair McEwin

The Commission will be based in Brisbane.

Former Federal Court judge Ronald Sackville AO, QC will lead the commission, supported by five commissioners.

Easy to read fact sheet about the Royal Commission

Easy to read Terms of Reference of the Royal Commission.

The Terms of Reference say what, why and how the Royal Commission will investigate.

 

  • 5 Apr, 2019
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  • By Nick Collyer
  • In the media, Latest news
Man in wheelchair opposite parents sitting on bed

ABC Tropical North: Parents of quadriplegic man say NDIS delay extended hospital stay by six months at ‘$1,500 per day’

Photo credits: ABC TROPICAL NORTH ABC TROPICAL NORTH: SOPHIE MEIXNER

News articles about Ethan Hassett, a past client of QAI’s NDIS Appeals Support.

 

ABC Tropical North online story: 

Parents of quadriplegic man say NDIS delay extended hospital stay by six months at ‘$1,500 per day’ – PDF version

Radio:

https://www.qai.org.au/wp-content/uploads/2019/03/MKY-Ethan-NDIS-Story-Programs-Finished.mp3

ABC TV:

  • 3 Mar, 2019
  • (0) Comments
  • By Rebekah L
  • In the media, Latest news
Michelle O'Flynn speaking

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018

On 20/07/18, director Michelle O’Flynn appeared as first witness before the Queensland Parliament’s Health, Communities, Disability Services and Family Violence Prevention Committee in their public hearing on the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018.

To see a broadcast of the hearing see:

http://tv.parliament.qld.gov.au/Committees?reference=C4703#parentVerticalTab5 

To review the transcript of the hearing see:

https://www.parliament.qld.gov.au/work-of-committees/committees/HCDSDFVPC/inquiries/current-inquiries/NationalRedressSICSACSB2018?actionId=4

QAI also made a written submission, recommending:

...that the Government broaden the parameters of the redress scheme to include individuals serving custodial sentences of five or more years, allowing such individuals to be eligible for the scheme, with an appropriate amendment or excision of clause 63 of the Bill to allow for this.

For links to all submissions on the Bill, please see: https://www.parliament.qld.gov.au/work-of-committees/committees/HCDSDFVPC/inquiries/current-inquiries/NationalRedressSICSACSB2018?actionId=4

  • 24 Jul, 2018
  • (0) Comments
  • By Rebekah L
  • In the media, Latest news

A disability aware approach to torture prevention? Australian OPCAT ratification and improved protections for people with disability’

Article in the Australian Journal of Human Rights – co-authored with QAI’s Emma Phillips: ‘A disability aware approach to torture prevention? Australian OPCAT ratification and improved protections for people with disability’

https://www.tandfonline.com/eprint/8FMNHGjFaeD46hq2jr5K/full

  • 26 Mar, 2018
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  • By Admin
  • In the media

NDIS RUSH LEAVES PARTICIPANTS CONFUSED

The Wire (audio only) 20/10/17

http://thewire.org.au/story/ndis-rush-leaves-participants-confused/

  • 23 Oct, 2017
  • (0) Comments
  • By Emma Phillips
  • In the media, Media releases
Nick Collyer

Shooting recommendations could cost “hundreds of millions”

The Queensland Times 20 October 2017

 

 

  • 23 Oct, 2017
  • (0) Comments
  • By Emma Phillips
  • In the media, Media releases
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  • Event Date: 10/10/2019


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