Media releases Archives - Queensland Advocacy Incorporated

#MakeItSafeToSpeak: QAI calls for legislation to protect confidentiality at the Disability Royal Commission

13 October 2020

QAI stands with Disabled People’s Organisations Australia (DPOA) and urges the government to pass legislation to protect the confidentiality of submissions made to the Disability Royal Commission.

This week, QAI gave evidence at the Disability Royal Commission’s public hearing into education. It was a timely reminder that for many people with disability, sharing stories of abuse, neglect, violence and/or exploitation can be deeply distressing and carry significant risk.

“People are afraid of reprisals”, QAI Director Michelle O’Flynn said today. “If people cannot tell their stories safely and without fear of retribution, how will the Commission truly understand the experiences of people with disability and achieve its purpose of creating meaningful change?”

Obtaining support to give evidence through a private hearing is not an option for everyone. The Disability Royal Commission must provide the same protections that were afforded to those who courageously gave evidence to the Royal Commission into Institutional Responses to Child Sexual Abuse.

QAI therefore calls upon the Federal government to amend the Royal Commission Act to ensure that submissions made to the Commission are confidential not just now, but beyond the life of the Commission.

Media contact: Michelle O’Flynn, Director, QAI
Phone: 0481 381 528

Turning words into action: QAI has elected to be bound by the Human Rights Act 2019

6 October 2020

QAI is excited to announce it has been declared a ‘public entity’ for the purpose of the Human Rights Act 2019 (Qld) (HRA)!

The passage of the HRA in Queensland was a significant milestone for this state and this nation. It is the first time this state has had dedicated legislation to protect the human rights of all Queenslanders. Queensland is the first Australian jurisdiction to protect the right to health and to establish an accessible complaints mechanism.

“Human rights belong to everyone and are fundamental to an inclusive society,” QAI Director Michelle O’Flynn said today. “QAI has always operated within a human rights framework and endeavours to protect and defend the human rights of the most vulnerable Queenslanders, in particular Queenslanders with disability.

“In becoming the first organisation to voluntarily opt-in to be bound by the HRA, QAI seeks to honour our commitment to the UN Convention on the Rights of Persons with Disabilities and hopes to contribute to a broader human rights culture within our community,” Ms O’Flynn continued.

So what does this mean for QAI?

With uncertainty around who will be deemed a ‘public entity’ for the purpose of the Act, QAI has removed any ambiguity regarding its own obligations and is now legally bound by the substantive and procedural obligations under the Act. In other words, QAI must act and make decisions in a way that is compatible with human rights and must consider human rights when making decisions. If we have practices that do not comply with the standard required by the Act then we, like everyone, must do better. We welcome the opportunity to improve our practices and want to ensure we comply with the standard we campaigned so long to attain.

“We hope others will join us in demonstrating their commitment to creating a society where everyone is treated with dignity, fairness and respect and where the inherent value of each person is acknowledged and protected,” Ms O’Flynn said.

Media contact: Michelle O’Flynn, Director, QAI
Phone: 0481 381 528

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

QAI Commits to Continuing Advocacy Services Throughout COVID-19 Pandemic

QAI Management and Staff are, like everyone, trying to do our best to understand and respond to the best of our abilities to the unique risks presented by COVID-19.

We are a creative and dynamic organisation and prioritise our commitment to support, defend, protect and promote the needs, rights and lives of the people we serve.

The QAI Response Team are Michelle O’Flynn (Director), Emma Phillips (Deputy Director & Principal Solicitor) and Carly Dennis (Principal Solicitor).

While many of our staff have moved to working from home and we are working hard to ensure that our technology and structure will support new ways of working, we will continue to provide our service.

Our creative staff already have experience working via email, phone and video link to outreach people and this will continue. Face-to-face service delivery is suspended at present, although we will find ways and means to ensure that critical moments are dealt with appropriately. We remain open for business and are available via our usual telephone, email, website and social media contacts.

We care about you and will check in with you about any advocacy actions undertaken and work with you just as we always do. As a caring organisation we are also doing all we can to ensure the safety and well-being of our own staff.

Just as every person is learning to improve on everyday things like hygiene and cleaning, we too will find new and innovative ways to ensure that we meet the needs of clients, stakeholders and allies.

However, as we build a new approach to advocacy support, there may be delays in response, or different ways of responding. Please keep an eye on our website, Facebook and Twitter as these may be the best means of communicating should there be any technical glitches.

We will also need to hear from you if you are required to self-isolate. We welcome information from you in whichever form you can communicate with us.

On behalf of QAI’s Management Committee and staff, I wish you all the best during this challenging time. I firmly believe that we will all emerge from these difficult times with new ways to support and advocate and will continue to deliver excellent outcomes for clients, allies and the disability sector. We will update you if the advice from government causes us to make any further changes to our service delivery. We urge you to keep safe and follow the advice from the Queensland and Australian Governments.

Michelle O’Flynn, Director

25 Mar, 2020
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NDIS decision delays have deadly consequences, says QAI

16^th January 2020

For immediate release

Following today’s report that more than 1200 Australians – including 65 children – have died while waiting for NDIS packages, leading disability advocacy organisation Queensland Advocacy Incorporated (QAI) says urgent reforms are needed to introduce greater accountability for the government agency managing the scheme.

“Too many people living with disabilities are waiting far too long for support they need to live the ordinary life they’re entitled to,” says QAI director Michelle O’Flynn.

Part of the problem, O’Flynn explains, is that while the legislation governing the NDIS imposes strict timelines on people who need support (to respond to NDIS requests for more information, for instance), in most cases the National Disability Insurance Agency is not subject to the same timeline requirements.

O’Flynn says further that the NDIA will often reject applicants’ claims at first instance, only to reverse its decision on internal review or appeal to the Administrative Appeals Tribunal six or even twelve months later.

“As a result, we often see clients who, in our view, are needlessly put through additional and unwarranted stress – and when someone is already trying to manage with very little support, that additional stress may be the last straw,” says O’Flynn.

While it’s impossible to attribute some of these deaths directly to their experience of waiting for NDIS support packages, O’Flynn says that what it does highlight is just how important adequate, resourced and appropriate supports are for people living with disabilities, many of whom experience lower life expectancies compared with other people.

“The NDIS does have the ability to immediately improve a person’s quality of life,” says O’Flynn, “by implementing and sticking to timeframes, by communicating properly with people about how their applications are going, by being as consistent as possible about their funding decisions, by respecting decisions of the Federal Court and generally by removing as much uncertainty about the process as possible.

“At QAI we’ve seen that the NDIA is capable of doing the right thing, and its facilitation of funding and quality personalised supports have certainly improved the lives of thousands of people, but it shouldn’t be attained after a protracted and delayed fight to the finish. On far too many occasions the NDIS has, in our view, needlessly delayed or obstructed the process. And delays in this area can have dire and tragic consequences.”

QAI welcomes the reviews (by parliament’s Joint Standing Committee on the NDIS, and by David Tune) currently on foot, and is hopeful that they eventually result in better accountability being built into the governing legislation.

“But the NDIS doesn’t need to wait for the reviews to report,” O’Flynn says. “It could commit to timelines today.”

Contact: Michelle O’Flynn, Director, QAI

David Tune singing from departmental songsheet on NDIS timeframes, says QAI

23 January 2020

For immediate release

Leading disability advocacy organisation Queensland Advocacy Incorporated (QAI) has slammed the report of David Tune’s review into the National Disability Insurance Scheme Act.

“The recommended timeframes are incredibly disappointing,” says QAI director Michelle O’Flynn.

“The major problem that many people with disabilities have with the current NDIS Act is that it doesn’t contain any meaningful timeframes that force the National Disability Insurance Agency to act in a timely manner,” says O’Flynn.

The NDIA sensationally admitted this month that 1200 Australians have died while enduring lengthy waits for NDIS packages. In its submission to the Tune review, QAI suggested that 28 days – with an option to extend – was long enough for most Agency decisions.

“David Tune’s report recommends timeframes for the NDIA to make particular decisions that are as long as 70 and 90 days in some cases. In our experience at QAI, those timeframes are much longer than current practice, where we generally see these decisions being made within four to six weeks.

“The risk is that the NDIA would interpret timeframes as long as 70 and 90 days as new, even lower standards. That would be a complete failure of the whole review process.”

O’Flynn says that the combined effect of these timeframse could mean that accessing the NDIS and having your first NDIS Plan approved could take up to 216 days – and that’s assuming no need for any internal reviews, external appeals or meetings to discuss the plan.

“That’s far, far too long for people who are wading through a bureaucratic nightmare to simply access much-needed disability supports,” O’Flynn says.

While O’Flynn acknowledges the federal government’s commitment to a “participant service guarantee” that would include timeframes, she says it’s still unclear as to whether the guarantee would be part of the legislation.

Other disappointing omissions from the Tune report are the lack of any recommendations to improve access to the NDIS scheme for non-citizens (including New Zealand citizens) and people over the age of 65, whose only choice in many cases is to access very minimal aged care supports.

“QAI held high hopes that this review would mean significant improvements in the operation of the NDIS, which is very, very important for people living with disabilities,” O’Flynn says. “When it responds to the review, we urge the government to really think about what these timeframes mean for people who just need support. After all, that’s the reason the NDIS exists.”

QAI is an independent, community-based system and individual advocacy organisation for people with disability in Queensland with over 30 years’ experience advocating for systems change, through campaigns directed at attitudinal, law and policy reform.

Contact: Michelle O’Flynn, Director, QAI

Phone: 0481 381 528; (07) 3844 4200

On Remembrance Day, remember students with disability

19.11.11 Media Release DRC education

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
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In the media, Latest news, Media releases

Election sweetener short-changes people with disability

4 April 2019

Media Release

The disability advocacy sector has welcomed the commitment of funding for the Disability Royal Commission in the federal budget. QAI commends Greens Senators Rachel Siewert and Jordan Steele-Johns, and the many, many other disability advocates who convinced the Federal Government to commit to a Disability Royal Commission. We also commend Prime Minister Scott Morrison and Treasurer Josh Frydenburg for allocating $527 billion towards it, the biggest allocation ever to a royal commission in this country.
It needs to be big because of the scale of abuse and the enormous number of victims in a country where 18.5% of the population has a disability, and more than 1.2 million people have severe or profound activity limitations.
While welcoming news of funding for the Royal Commission, QAI is appalled that the ‘surplus’ behind the Treasurer’s vote-buying tax cuts comes almost entirely from people with disability. That money has been earmarked for the NDIS. It was quarantined, ready and available, we thought, to pay for supports for the hundreds of thousands of Australians who have disabilities – people who have for years gone without basic personal care, without employment, or access to public transport, and without so many other things that the rest of us take for granted.
“Scott Morrison boasts about a surplus, but $1.6 billion of that surplus comes from the short-changing of people with disability through the NDIS underspend. The government is trying to sweeten its image off the backs of people with disability,” said QAI Director Michelle O’Flynn.

Media contact: Michelle O’Flynn 0481 381 528;
Office: 38444200

Information provided in this release is not intended to constitute legal advice and should not be construed as such. You should obtain your own legal advice before applying any information provided in this release to specific issues or situations.

NDIS Appeals Advocacy funding commitment to deal with backlog of complaints

Media release

28 March 2019

The decision by the Federal Government to maintain the current level of funding for National Disability Insurance Scheme (NDIS) appeals advocacy, rather than proceed with proposed cuts, in the upcoming financial year is good news for advocacy organisations already struggling to meet demand. The proposed cuts were based on a misconception that cases would have provided learnings to improve the system. Sadly, this has not eventuated – the National Disability Insurance Agency’s (NDIA) delayed decisions and attempts to stall processes have created a backlog and the demand for advocacy support shows no signs of decreasing. The Government has appeared to recognise this with this funding commitment.

Leading disability advocacy organisation Queensland Advocacy Incorporated (QAI), one of the organisations funded to provide advocacy support for people with disability and their families appealing decisions by the NDIA, welcomed the news.

“The continuation of current levels of funding for this program for at least the next financial year is a relief,” QAI Director Michelle O’Flynn said today. “Our five NDIS appeals support advocates have been working to capacity yet are still unable to support the many vulnerable people with disability and families needing support to access or receive adequate funding under the NDIS. A decrease in advocacy funding would have been catastrophic. There is great need for advocacy in this emerging space to ensure that people with disability are not left without the supports they need. We are grateful that the Federal Government, through the commitment of this further funding, has recognised this. We are also pleased with the decision to continue funding the National Disability Advocacy Program Decision Support Pilot, which enables QAI to continue to provide decisionmaking support for people seeking to engage with the NDIS. This is greatly needed support for very vulnerable Queenslanders.”

QAI supported the introduction of the NDIS as a means of vesting choice and control over their lives in the hands of people with disability. As the NDIS nears full roll-out across Australia, QAI maintains a watching brief on the scheme. “The NDIS, while in many ways a positive change for the disability sector, was never going to be a panacea,” Ms O’Flynn said. “However, the severity of the problems, in the implementation of the scheme and in the governance and decision-making by the NDIA, has left many Queenslanders with disability in very vulnerable, disempowered and disadvantaged situations. We are actively engaging in systems advocacy work to highlight the key issues facing people with disability seeking support from the scheme and bring about change.”

Queensland Advocacy Incorporated (QAI) is an independent, community-based disability advocacy organisation with an exemplary track record of effective systems and individual advocacy. QAI’s mission is to promote, protect and defend the fundamental needs and rights and lives of the most vulnerable people with disability in Queensland. QAI’s work is directly informed by the voices and stories of the people with disability and mental illness with whom QAI works and advocates for. Further information about QAI’s NDIS Appeals Support Program is available on our website: www.qai.org.au.

Media contact: Michelle O’Flynn 0481 381 528