Latest news Archives - Queensland Advocacy Incorporated

Disability Services Worker Screening – QAI Submission

QAI has made a submission on the Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020 (QLD) to the Committee Secretary of the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee.

Below are the Recommendations QAI made to the Committee.

You can read the full submission here.

QAI recommends:

The proposed new section 14 of the Disability Services Act (as outlined in clause 9 of the Bill) be updated to change the definition of funded service provider to include the State.
The Queensland Government publish its framework for deciding whether a person poses an unacceptable risk of harm to people with disability which is more exhaustive than that provided in the proposed new Part 5, Division 4 Subdivision 3 of the Disability Services Act (as outlined in clause 11 of the Bill).
The Queensland Government work with the NDIS Quality and Safeguards Commission, plan or self-managed participants, and unregistered service providers to encourage optional workers to request a national worker screening clearance.

Supported Independent Living – Position Paper

QAI has released a Position Paper on Supported Independent Living (SIL) arrangements. The below Position Statement is an extract from the paper.

You can read the full document here.

Position Statement

The following position statement is based on the values, beliefs and aspirations that Australians with disability can have a good but ordinary life when they have personal power, control and are
supported to exercise their autonomy and rights as other citizens.

Supported Independent Living (SIL) has become the mechanism for the proliferation of the archaic block funded group home. Rather than enabling a person to live ‘independently in their home’, it is in reality shared care in a congregated setting, often not of the person’s choosing but instead organised, negotiated, and created by the NDIS system and the service providers.
A dearth of truthful information about the inflexibility of SIL, has reinforced the misconception that a person with high and or complex support needs must therefore enter a SIL arrangement. Most people do not have any independent unbiased information about SIL and have the mistaken belief that because they live in shared accommodation they must continue in the existing arrangements.
People formerly living alone and supported for 24 hours of support, 7 days per week under the state system, are pressured by NDIA Planners as unwilling participants into SIL arrangements and costing Plans accordingly.
In most instances, the avoidance of information about alternatives and benefits of accessing the NDIS with a non-SIL funded Plan, and lack of transparency regarding the over-inflation of SILS quotes is forcing more people back to the archaic model of group or shared home living.
If a participant wants to share with another person and articulates a desire to share
some supports with their chosen housemate, (ie: overnight support only, or a combination of one or two activities), each person is very possibly able to obtain a Plan that is not only going to meet their needs but also be less restrictive, more flexible should either housemate wish to relocate, and is possibly more efficient and effective.
The solution to the abovementioned is to abolish Supported Independent Living (SIL) from Plans.
Replace it with individualised NDIS Plans for everyone including people who wish to share accommodation and support. When and where people who choose to live together, wish to share supports they merely state that intention in their Plans.

Group Homes – Submission to the DRC

QAI made a submission to the Disability Royal Commission on Group Homes and our concerns for the vulnerable people who live in them.

Below is a short excerpt fromt he submissions introduction followed by links to the full submission and all its attachments.

Introduction

This submission focuses on the experiences of vulnerable people with disability who do not have the opportunity or voice to express their own wants and wishes directly. Many of the people are often forgotten in places that do not feel like a home, are unsuitable for them and give rise to a series of physical, emotional, and/or sexual abuses that infringe or remove basic human rights. The passage of the Human Rights Act 2019 (Qld), which commenced operated from 1 January 2020, provides, for the first time in Queensland,

You can read the full submission here.

List of attachments submitted:

Attachment A QAI Position Paper A Home of One’s Own

Attachment B QAI Report Legislation and Life

Attachment C OPA Upholding the right to life and health A review of the deaths in care

Attachment D CCQ Deaths in care – Final Expert Report

Attachment E QAI Submission to DSS Thin Markets Project

Attachment F QAI Submission to JSC Inquiry NDIS Workforce

Attachment G QAI Submission to JSC Inquiry SIL

Attachment H Submission to DRC Issues Emergency Planning and Response submission

18 Jun, 2020
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DRC Submissions, Latest news, Submissions

Emergency Planning & Response Submission to the DRC

QAI made a submission to the Disability Royal Commission on Emergency Planning and Response in light of the COVID-19 pandemic and the impacts the restrictions which were put in place had on people with disability.

You can read the full submission here.

Below is a brief excerpt from the submission:

Background

The federal and state governments have implemented never seen before measures to slow the spread of COVID19 (Coronavirus) through the community. These restrictions, whilst necessary, have significant impact on people with disability and cause further disruption and disadvantage to our lives.
QAI and other disability advocacy organisations believe that people with disability have not been properly considered by government decision makers during this process and that more immediate consultation needs to be held with our community so that appropriate support measures can be put in place before further trauma is caused. Systems and processes also need to be clarified so that people with disability also can feedback their experiences during this time.

18 Jun, 2020
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By Admin
DRC Submissions, Latest news, Submissions

Commitment of continued advocacy funding welcomed by QAI

19 May 2020

Leading disability advocacy organisation and community legal centre Queensland Advocacy Incorporated (QAI) has welcomed the allocation of further funding by the Queensland Attorney- General, Yvette D’Ath, to support QAI to continue its vital work.

“In continuing to maintain QAI’s core services funding, the Government has recognised the value of the work of this sector, and the value of the work of our centre. We are gratified that we can continue to perform our essential work advocating for the rights and lives of the most vulnerable people with disability in Queensland,” QAI Director Michelle O’Flynn said today. “QAI’s Human Rights Legal Service, our Mental Health Legal Service and our Justice Support Program are all viable by virtue of funding by the Department of Justice and Attorney-General. These services provide vital advocacy to promote, protect and defend the fundamental human rights of very vulnerable Queenslanders.”

The provision of five-year funding certainty is a welcome relief. “Having guaranteed funding for the next five years will be instrumental in assisting us to continue to provide timely, quality advocacy support for vulnerable Queenslanders,” Emma Phillips, Deputy Director and Principal Solicitor of QAI, said today. “Particularly during these uncertain times, we are grateful to be able to provide ongoing advocacy support for our clients and certainty of continued employment for our valued staff.”

QAI also welcomed the recent announcement by the Federal Government of an additional $63 million funding for the Australian legal assistance sector, in response to the increased legal need resulting from the CoVID19 pandemic.

“We are grateful that both levels of government have recognised the importance of providing funding support and certainty for this sector and responded accordingly,” Ms Phillips said. “While very welcome, we note that the funding for this sector remains insufficient in the face of the high levels of need we see every day. There remains an urgent, unmet need for advocacy across a range of areas. We call on the State and Federal Government to further invest in this sector. We know that the provision of advocacy support for marginalised and disempowered Queenslanders is a key safeguard in preventing the escalation of problems and helping to protect people from further vulnerability, such as homelessness.”

Contact: Emma Phillips, Deputy Director and Principal Solicitor, QAI
Phone: (07) 3844 4200

Qld Human Rights Commission Relaunches its Indigenous Graduate Program

The Queensland Human Rights Commission has relaunched its Indigenous Graduate Program! Applications are now open again after the launch was put on hold due to COVID-19 back in March.

There are three positions available: a law graduate position in Brisbane, and two positions for graduates in any discipline, one in Rockhampton and one in Townsville.

For more information or to apply, head to https://www.qhrc.qld.gov.au/about-us/work-with-us, or get in touch with the Commission if you’d like to talk to someone about the program. You can also find them on Facebook here.

Applications close on Friday 12 June.

Submission to the NDIS Workforce Inquiry

In April QAI made a submission to the Joint Standing Committee on the National Disability Insurance Scheme Workforce Inquiry.

Below is an excerpt from the submission with our key recommendations. You can read the full submission here.

QAI’s Recommendations

Abolishment of Supported Independent Living (SIL) from plans. SIL funding for NDIS
participants should be replaced by open and individualised funding for everyone,
including people who wish to share accommodation and support.
Restructure pricing for supports at the top and bottom of the market with particular
emphasis on mental health supports, therapy supports and services for people with
complex needs.
Restructure pricing for regional, rural and remote regions to strengthen service delivery
which has higher overhead costs than their urban counterparts.
Provide adequate funding to participants in regional, rural and remote regions to enable
delivery of service.
Work with Indigenous councils to train service providers and staff to deliver services, by
building the capacity of local people.
The NDIA ensure each state and territory has a well-equipped, well trained and person-centered human rights based ‘provider of last resort’.
Provide both financial and physical support to participants to learn how to self-manage
their plan to enable maximum flexibility.
Provide support and guidance to self-managing participants to understand Australian
Taxation Office rules, Fair Work rules and other employment issues resulting from
directly employing staff.
Provide information to the mainstream and community on services that can be provided
under the NDIS to encourage mainstream services in a disability setting.
The NDIA (and Quality and Safeguards Commission) provide assistance to providers
and sole traders to participate in the auditing process which can be timely, costly and a
hindrance to staying in the NDIS market.
The Quality and Safeguards Commission to scrutinise service providers providing
housing and supports and restrict registration to ensure no provide is able to provide
both functions.

How the New Queensland Human Rights Act Can Assist People with Disability

Emma Phillips, QAI’s Deputy Director and Principal Solicitor has written an opinion piece for the Australian Lawyers Alliance on how the Queensland Human Rights Act 2019 (the Act), which commenced on January 1 this year, can assist people with disability. The article goes through the individual human rights protected in the Act and how they may relate to those with disability specifically.

You can read the article here on the Australian Lawyer’s Alliance website.