CDK (CASEY KINGSTON AND DANDENONG) INDIVIDUAL ADVOCACY PROJECT

The CDK individual advocacy project commenced in May and Matthew Dent was appointed as a full-time individual advocate in June 2009.  Referrals to the program have been steadily growing and have started to come from family support services, mental health services, other advocacy services, the Dandenong Citizen Advice Bureau, and community health services.  Several clients have been transferred from other advocates within Action for Community Living.  The program has also employed a part-time liaison worker, Khim Ung who is connecting with the high population of people from established and new migrant groups and refugees living in this region. 

CDK Advocacy Story - Protecting rights

A request from a disability service provider for advocacy support for a service user to investigate the withdrawal of $10,000 from her account led to the discovery that she had been inappropriately charged for the installation of an overhead hoist in a government owned residential facility.  Further investigation revealed that, despite having an administrator at State Trustees Office, this funding was withdrawn and used to pay for this modification without reference to appropriate policies and procedures.  The end result was that her disability accommodation service willingly acknowledged they had not monitored this appropriately, and reimbursed her all the costs.  Follow up work with State Trustees and DHS seeing clarification of procedures and standards in regards to these issues is continuing.  

 Advocacy Story - creative use of pro bono support

'Susan' is a lady who lives in the outskirts of Melbourne.  Susan has received service from Action for Community Living since 2007. 

On this occasion Susan required assistance to track down a former carer who had stolen a large amount of money from her. 

Susan had taken this matter to the Magistrates' Court in 2007 where the former carer was found guilty.  However when the Sheriff attempted to serve the warrant on the former carer, she had disappeared from her address and could not be located.

ACL, with the help of a student, managed to gain the services of a private investigator, free of charge.  Following several weeks of searching the private investigator contacted ACL with the news that they had located the former carer.  With the assistance of ACL, Susan's issue will now be dealt with at the Magistrates' Court.  Susan is pleased with this outcome. 

Advocacy Story - You don't always win

Following a motor vehicle accident in 2003 a young woman in her twenties sustained a significant brain injury.  Through the common law process a compensation payout was achieved during 2007.  This young woman has an administrator appointed through the VCAT Guardianship List and her payout is managed through the Senior Masters Office.  The Senior Masters office is a department of the Supreme Court of Victoria.  Its function is to manage funds awarded to people with disabilities, so they receive maximum benefits from the funds.  The amount held by the Senior Masters is not enough to purchase outright a unit for the young woman to live in and the young woman is not eligible for public housing due to her funds held with the Senior Master. 

Advocacy work was done to approach State Trustees and Senior Masters in relation to purchase of property as the young woman has experienced ongoing homelessness, due to limited housing options and the nature of her disability.  State Trustees have been supportive of the purchase of a property to assist in the resolve of the homelessness issues.  However, State Trustees can only provide management of a mortgage for the duration of an Administration Order.  This is too much risk for the Senior Masters Office as the Administration Order will not necessarily be in place for the life of a loan.

This is an incredibly frustrating position for the young woman as she has funds to put into her own property however due to the risk element and protective position of the Senior Master she is not able to use it to resolve the homelessness cycle she finds herself in.

Advocacy Story - the value of having a Human Rights Charter

 We were approached to provide advocacy to one individual who was residing at a rehabilitation hospital.  His 2 year contract had expired.  The hospital was asking him to move to a nursing home, the young man was in his early 30's.

We took this on as an individual advocacy issue, but it soon escalated into a systemic issue.  Eventually we found ourselves supporting five individuals at the facility, all under pressure to move.  The families of these young people are already dealing with loss and grief of the situation their loved ones are facing. Most young people involved were identified as recipients of the My Future My Choice Initiative.  This meant that accommodation options were in the process of being built for them.  However, the building permits and plans were running behind schedule.

We were able to have dialogue with Department of Human Services staff to advocate for reconsideration of the actions the Health Department were planning. 

The advocate involved also sought advice from the Human Rights Law Resource Centre.  They provided extensive consultation and assistance via Pro Bono advice from DLA Phillips Fox Lawyers.

The advocate was able to remind the hospital about the Victorian Charter of Human Rights 2006.  Questions were asked about whether the hospital had considered its responsibilities under the charter.

Various meetings were held and an array of negotiations was undertaken.  Families were adamant that their son or daughter was not going to be placed in inappropriate facilities.  The outcome was that none of the young people involved have been moved to places that their families considered inappropriate.  This was a good outcome.