IDRS Annual Report 2017-2018

Annual Report

2017-2018

Intellectual Disability Rights Service Inc.

ABN 11 216 371 524

PO Box 20228, World Square, NSW 2002

Suite 204, 370 Pi Street, Sydney 2000

T. +61 2 9265 6300 • 1300 665 908 aer hours

F. +61 2 9265 6333 • E. inf[email protected]g.au

www.idrs.org.au

Facebook: facebook.com/IntellectualDisabilityRightsService

Twier: @IDRSNSW

Contents

A Word from the Chair 3

Strategic Plan – 2017 - 2019 4

Members of the IDRS Board 5

Making Rights Real Advisory Group 6

IDRS Organisaonal Chart 8

Legal Assistance 9

IDRS Jusce Support 12

Educaon, Capacity Building and Peer Support 16

Cognive Impairment Diversion Program – CIDP 20

NDIS Appeals Support 22

Parents Project 25

Acknowledgements 28

Financial Statements 29

IDRS ANNUAL REPORT 2017-2018

A Word from the Chair

I am proud to introduce this annual report for IDRS

for 2017-2018.

This year’s closure of Ageing, Disability and

Homecare, (ADHC) and the associated uncertainty

of ongoing funding for the work of IDRS, connues

to place the pressure of an unsure future on IDRS.

Once again, IDRS has had the challenge of advocang

for future funding sources to remain viable.

Despite the fragility of ongoing secure funding, IDRS

has been able to aract addional funds for specic

purposes, including the new Cognive Impairment

Diversion Program a pilot program operang from

Gosford and Penrith Courts which commenced in

October 2017 and has already achieved very

posive outcomes.

During this year, IDRS head oce moved to a larger

site in the southern end of the Sydney CBD, providing

much needed space. IDRS also realised a website

rejuvenaon, which amongst other things, increases

accessibility for people with intellectual disability.

We were excited to launch the Economic Evaluaon

of Jusce Support (previously the Criminal Jusce

Support Network) conducted by the Intellectual

Disability Behaviour Support Program at UNSW.

This cost benet analysis shows that JS generates

a net benet of at least $1.2 million per annum.

Aorney General Mark Speakman, in launching

the report at Parliament House, spoke of the

remarkable eciencies and benets achieved by

IDRS in delivering support for people with intellectual

disability during the criminal jusce processes.

IDRS is currently progressing internal discussions

on broadening the reach of our current client group

to include people with other cognive impairment.

The Cognive Impairment Diversion Program has

demonstrated that our services benet those with

cognive impairment beyond intellectual disability.

This is a group whose jusce support needs remain

largely unmet.

This year IDRS has worked to strengthen the internal

parcipaon of people with disability across the

service. Conduits between the Making Rights

Real advisory group and the Board have been

established and training of advisory group members

on parcipang on a board has commenced. IDRS

increasingly benets from the contribuon the

group brings to how our work is conducted and

more importantly, the outcomes we achieve. The

membership of IDRS is now predominantly people

with intellectual disability.

I would like to acknowledge the very posive

relaonships IDRS has with our key funders

Commonwealth Department of Social Services,

NSW Department of Jusce and Legal Aid NSW.

I thank the Board for their invaluable contribuon

to the sound governance of IDRS and for the me

and contribuon they are willing to make on behalf

of our clients.

I would also like to acknowledge and thank our 130

outstanding volunteers, without whom IDRS would

not achieve such signicant outcomes for people

with intellectual disability in NSW.

Finally, I would like to recognise the reless eort,

hard work and commitment that IDRS sta have

given during another very demanding year.

I encourage you to read this annual report which

demonstrates so eecvely the level of impact the

work of IDRS in 2017-18 achieved.

Together I believe we have all worked to advance

the IDRS values of jusce, respect and persistence

in achieving the best outcomes for our clients.

Jenny Klause, Chair

IDRS ANNUAL REPORT 2017-2018

Strategic Plan – 2017 - 2019

IDRS – ‘Making Rights Real’

Our

vision

Our

purpose

Our

values

Equal rights and jusce

for people with disabilies.

We are a disability advocacy service

and a community legal centre.

We work alongside people with disability

to promote and protect their rights.

JUSTICE – what we seek

RESPECT – what we give

PERSISTENCE – how we do it

IDRS ANNUAL REPORT 2017-2018

Members of the IDRS Board

IDRS relies on the me, energy and experse of a voluntary Board of Directors. We are fortunate to have a

Board of Directors who bring a variety of skills and experience, along with a strong commitment to the rights

of people with intellectual disability, to this role.

This year the Board has connued its focus on working towards a sustainable future for IDRS in the new

and ever changing funding environment.

As the new Chair of IDRS in 2017-18, Jenny Klause has worked relessly throughout the year bringing renewed

energy to ensuring eecve parcipaon of people with intellectual disability at all levels of IDRS decision making.

The members

of IDRS Board

in 2017-18

Jenny Klause

Chair

Phillipa

Friedrich

Treasurer

Edwina

Pickering

(ll April 2018)

Greg Smith

(ll April 2018)

Anne Bolt

Ken Cahill

Edwina

MacDonald

Carmelo

Raspan

Rebecca

Reeve

Mike Sprange

IDRS ANNUAL REPORT 2017-2018

Making Rights Real Advisory Group

The Making Rights Real Group represents IDRS service users. They meet together monthly and act as an advisory

group to IDRS. Group members are paid for their me and experse. The group brings the voice of people with

intellectual disability directly into discussions about IDRS priories and decision making at sta and Board levels.

The members of the Making Right Real Group in 2017-18 were:

The Making Rights Real group has connued its advisory role and contributed to various organisaonal funcons,

including sing on recruitment panels for new sta and helping make decisions about the oce move to new premises.

The group is also developing experse in reviewing and providing feedback on resources for people with

intellectual disability. They have provided input into an on-line mental health resource for people with intellectual

disability by the Black Dog Instute. The group also provided valuable feedback about an on-line video resource

being developed for the Administrave Appeals Tribunal, which was aimed at explaining the operaons of the

tribunal in an accessible way for all people with disability.

Dean

Ellio

Shailaja

Menon

Dale

Robinson

Joseph

Taouk

Kathy

Provis

Kirra

Cochrane

IDRS ANNUAL REPORT 2017-2018

Making Rights Real Advisory Group

An important iniave was the establishment of the IDRS Parcipaon Subcommiee early this year. A working

group of IDRS sta, Board members and the Making Rights Real group was formed to guide the set-up of systems

for more eecve communicaon and parcipaon for people with intellectual disability in decisions that aect

the organisaon. Some achievements have included the provision of Easy Read agendas and minutes, training in

specic skill areas (such as nancial reports), establishing communicaon links between the group and IDRS Board

and sta and development of a ‘pathway’ for Making Rights Real members to move into IDRS Board posions.

IDRS ANNUAL REPORT 2017-2018

IDRS Organisational Chart

IDRS

Members

IDRS

Board

Janene

Cootes

Execuve

Ocer

Legal Pracce

Principal Solicitor:

• Margot Morris

Solicitors:

• Tim Chate

• Jennifer Smythe

• Ali Craig

Parents Program

Solicitor:

• Kenn Cli

Parent Advocate:

• Julia Wren

NDIS Appeals

Co-Ordinator:

• Mitch Mulqueen

Appeal worker:

• Dominique McGovern

Administraon/Intake

Administrator:

• Margaret Hardman

Admin Assistant:

• Ingrid Ferreira

• Kate Cameron

Jusce Support

Educaon,

Capacity Building

& Peer Support

Cognive Impairment

Diversion Program

Oce assistants

• Frances Cenich • Rawley Reynolds

Manager:

• Ben Garcia-Lee

Caseworkers:

• Michael Baker

• Charloe Rider

• Jillian McCarthy

from April 2018

• Jusne Taggart

Team Leader:

• Mary Flaskas

Educators:

• Jonathon Kelleher

• Aimee Chaer

Co-educators:

• Robert Strike

• Chris Smith

• John Vesley

Manager:

• Kelly Watson

• Jillian McCarthy

ll April 2018

• Andrew Harrison

• Lena Nash

ll March 2018

• Mary Davison – Hunter

• Corinna Nolan – Illawarra/Shoalhaven

• Jacqui Gunst – Outreach

Admin Assistants:

• Ingrid Ferreira

– Sydney

• Chrisne Fraser

– Hunter

IDRS ANNUAL REPORT 2017-2018

Legal Assistance

IDRS Legal Assistance includes:

• Free legal advice in person or by phone to people with intellectual disability about an extensive range

of legal problems

• Referral to legal and disability services

• Legal advice to people with intellectual disability who are in police custody 9am – 10pm, seven days week

via sta solicitors and a network of volunteer solicitors.

• Legal casework and representaon for people with intellectual disability in some cases.

• Informaon, training and resources for legal praconers in NSW who are assisng clients with

intellectual disability

• Contribung to law and policy reform for the benet of people with intellectual disability

Legal Services in 2017-18

Our solicitors have provided legal assistance to 670 people during the year. Requests for legal advice came from

people living across NSW with 39% of requests from people living outside the Greater Sydney Region.

During 2017-2018, the most signicant legal problems were issues related to the full implementaon of the NDIS

in NSW from 1st July 2018. These legal problems included people having no choice about the service providers

appointed to take over ADHC services. Many requests for assistance arose from the requirement for service users

to negoate complicated service agreements which they and their families found dicult to understand.

During the year several clients were given evicon noces from their supported accommodaon for behaviours

related to their disability. Others received evicon noces with no cause of evicon idened. We ancipate that

this will be a connuing issue impacng people with intellectual disability. We encourage people to seek legal

advice from IDRS if they are facing a threat of evicon.

IDRS was delighted to assist some eligible clients to get compensaon under the Business Service Assessment Tool

(BSWAT) Compensaon Scheme because they were underpaid when they worked in disability enterprises. They

had to apply by the 30th November 2017, and to accept before their oers expired, or miss out. Several clients

received compensaon payments of around $30,000.00 or more.

The legal team also helped some clients to have their Vicms Services Awards re-assessed. In one maer the

client received an extra $35,000.00. IDRS connues to help some people with intellectual disability with vicms

services claims in cases where they lack necessary supports to provide the required informaon to the tribunal.

IDRS receives between 10 and 20 complaints about schools expelling children with intellectual disability as a result

of behaviour arising from their disability. Our focus is on negoang soluons in these cases. This can be more

dicult to combat in private schools because they are not subject to the NSW An-Discriminaon Act 1977.

We receive regular enquiries from parents wanng to make provisions for their children in their wills without

aecng their entlement to the Disability Support Pension, or their NDIS funding.

IDRS ANNUAL REPORT 2017-2018

Problem types in IDRS legal casework:

Law and Policy reform

During this year IDRS has made submissions to the following enquiries and consultaons to ensure that the

posion of people with intellectual disability is recognised in law and policy decisions.

• Submission to ‘Shaping a Beer Child Protecon System’ consultaon

• Submission to NSW Law Reform Commission Review of Guardianship 1987

• Submission in response to Mental Health and Cognive Impairment Forensic Provisions Bill

• Submission to Review of NSW Community Legal Centre Services

• Submission to the NSW Joint Standing Commiee on the NDIS

• Submission to NSW Parliament Inquiry into Implementaon of the Naonal Disability Insurance Scheme

and the provision of disability services in NSW.

Legal Assistance

Criminal

Complaints against services

Other

Guardianship and

ﬁnancial management

Vicms of crime (includes compensaon)

12%

10%

16%

18%

22%

Discriminaon

Thank you to volunteers

IDRS would like to thank the volunteer solicitors who have given their me and experse to contribute to

IDRS legal services during 2017-18. Thank you to Nathan Bradley, David Hunt and Frances Maxwell who

have provided legal advice.

Thank you also to the team of volunteer solicitors who give legal advice to people with intellectual

disability at night and week-ends if they are arrested. This crucial service would not exist but for your

generous donaon of me and experse.

IDRS ANNUAL REPORT 2017-2018

Case Study – Discriminatory Treatment at School

Andrew was 16 years old when his parents called IDRS because their son had been suspended from

school on mulple occasions. Andrew has intellectual disability and ausm. He lives in a country

town where there is only one local school. His school had not supported a person with Andrew’s

disabilies previously.

Although there was a behaviour support plan in place Andrew’s teacher had not been trained to

implement the plan. Andrew was anxious and frustrated at school and this would lead to challenging

behaviour in the classroom. The school’s response was that Andrew should be in a special school. The

school advised Andrew’s family that funding for his Teacher’s Aid was about to be cut.

Andrew’s dad showed IDRS a picture of a chair that Andrew was allegedly ed at school when the

teacher felt he was out of control. The sta did not know what else to do with him. Andrew was

suspended aer the family complained to the school principal about the chair. A paern developed of

him being suspended twice each week due to his behavior. The family were advised that he should go

to a dierent school but there was no other opon.

IDRS started a disability discriminaon complaint on behalf of Andrew. IDRS then parcipated in a

conciliaon meeng with Andrew, his family and the school. We were able to negoate a plan with the

school that they would get assistance and necessary support sta to enable the teacher to follow the

behaviour support plan and for Andrew to return to school without the threat of regular suspension.

Case Study –Vicm of Insurance Company Targeng

Shane worked in a disability employment as a forkli driver. He was targeed by an insurance company

who phoned him and locked him into two insurance policies, one for income protecon – even though

Shane’s earning were minimal and one for funeral insurance.

When IDRS met Shane he had already paid more than $12,000 in insurance payments and was unable

to meet his day to day expenses. When IDRS spoke to Shane it was clear he had no understanding of his

insurance policies or the posion he was in. Shane’s father had recently had to move to an Aged Care

Facility and could not help. He lived in a regional town and had no other support.

IDRS arranged assistance from his local disability advocacy service. The advocate supported Shane

during a further call to IDRS about his situaon and helped to arrange for consent forms so we could

get his paperwork from the insurance company. IDRS made a complaint to the insurance company

and aer many communicaons, the company agreed to cancel the policy. Shane received some of his

money back.

IDRS ANNUAL REPORT 2017-2018

IDRS Justice Support

Jusce Support

(previously known as Criminal Jusce Support Network)

IDRS Jusce Support provides support persons and advocacy for people with intellectual disability who are in

contact with the criminal jusce system as vicms, defendants or witnesses.

Jusce Support is provided at all points in the system including police staons, courts, legal interviews,

conferencing and mediaon, audio visual link ups from the gaols to the court room, parole hearings and Mental

Health Review Tribunal. This support improves criminal jusce outcomes for people with intellectual disability by

helping them to understand and navigate the police and court systems and to access diversionary opons.

Jusce support is available 7 days a week from 9am – 10pm for people with intellectual disability who are under arrest

at a police staon. Aer hours contact number is 1300 665 908. This number will also link the person under arrest with

legal advice including aer hours.

2017-18

This year 614 people with intellectual disability received assistance from Jusce Support providing on average

3 supports per person.

Due to growing demand for our service Jusce Support expanded to the Far North Coast and Broken Hill this year.

We have 10 trained new volunteer support people in these regions and we are receiving a steady number of referrals.

Defendants:

526 (85%)

Vicms:

77 (13%)

Witnesses:

11 (2%)

614 people

with intellectual

disability received

assistance from

Jusce Support

IDRS ANNUAL REPORT 2017-2018

Economic Evaluaon of IDRS – Jusce Support Network

This year the Intellectual Disability Behaviour Support Program at University of NSW conducted an extensive

evaluaon and analysis of the cost benet of people with intellectual disability having a support person from

Jusce Support compared to a matched group of people with intellectual disability who had not had Jusce

Support assistance

The evaluaon found that Jusce Support produced signicant economic and social benets by providing

appropriate support and advocacy for people with intellectual disability in the criminal jusce system.

The cost ndings from the analysis were that Jusce Support generates a net benet of at least $1.2 million per

annum represenng a return of $2.5 for every $1 invested in the service.

The data also shows that Jusce Support clients are three mes more likely than clients who are not supported to

be diverted under Secon 32 Mental Health (Forensic Provisions) Act, 1990 (NSW)

Rates of breaching Apprehended Violence Orders for people using Jusce Support who had the benet of a

support person to explain the praccal implicaons of the AVO was 29% compared with a breach rate of 59% in

the matched sample who were unsupported at court.

John

speaking at

Parliament House

Launch of CJSN

Economic Evaluation

report

Thankyou

“We appreciated the benet of having IDRS supporng Tom during his recent court case. IDRS were

able to provide the right people to support Tom through a trying me. Tom suers severe anxiety,

has a bi-polar disorder and has learning dicules. With the support of IDRS some major hurdles

were overcome. Reassurance from sta reduced signicant stress for Tom thus enabling him to deal

with the situaon in a posive frame of mind. Without the support, the outcome for Tom would’ve

denitely been detrimental to his future. We are grateful and thank IDRS”

IDRS ANNUAL REPORT 2017-2018

Volunteers

Jusce Support relies on a network of over 100 skilled and dedicated volunteers to support over 600 vulnerable

people across the state this year.

This year the University of Sydney conducted a survey with 88 of our current volunteers to gain some insight as to

what movated them to volunteer with IDRS and what connues to movate them.

The survey found that 85% of volunteers are aged over 55 and 65% had some previous experience in human

services. 40% of our volunteers have been with IDRS for over 5 years with another 36% between 2 and 4 years.

These ndings indicate the level of experience and commitment of the volunteer support persons to this work.

Volunteers stated that they get a lot of sasfacon from supporng clients with intellectual disability. Their

commitment to human rights and social jusce along with the fact that they feel that what they do really makes a

dierence were given as the main factors in volunteers connue to work with IDRS.

Our panel of aer-hours volunteer lawyers also provide crucial legal advice to people with intellectual disability

who are in custody aer-hours.

IDRS Justice Support

New volunteers

at training

IDRS ANNUAL REPORT 2017-2018

Case Study – Sam

Sam lives at home with his elderly parents. He has been diagnosed with mild intellectual disability,

ausm and schizophrenia. Sam was served with an Apprehended Personal Violence Order (APVO) by

police. His mother, Mary phoned IDRS aer being advised by police to just accept the APVO and that

would be the end of the maer.

Jusce Support sta arranged for Sam to see Legal Aid before court and pushed for Legal Aid to

represent Sam under the exceponal circumstances rule. They advocated for the maer to be

assigned to a private lawyer to provide some connuity of representaon in the case.

Issues were raised about Sam’s capacity to understand the condions of the APVO and any

implicaons that breaching the order may have. A Legal Aid funded neuropsychological assessment

was arranged by Jusce Support sta.

The results of this assessment stated that, while Sam understood he wasn’t allowed to talk to the

protected person named in the order, he had no understanding of the details of the order and would

not be capable of complying with the specics of the wrien order.

Aer reading the report the court determined that Sam did not have capacity and dismissed the

applicaon for the APVO. Jusce Support were also able to support Sam to access more support in

the community through the NDIS.

If Jusce Support had not been involved in this maer Sam would have agreed to an order that he

didn’t understand meaning the chances of his breaching the order would have been greatly increased.

Case Study – Jessica

Jessica is a young woman who uses a communicaon device as she is non-verbal. Her mother had

contacted the police to report that Jessica had been sexually assaulted. Police spoke to Jessica at her

home but told her mum that due to her communicaon dicules they would not be able to get a

statement from her and that they would not be invesgang the maer.

Jessica’s mother contacted Jusce Support. We contacted the Ocer in Charge of the case and

encouraged her to contact Vicm Services and make a request for assistance from one of the Witness

Intermediaries who are part of a pilot scheme assisng children. Vicm’s Service agreed to make an

excepon and assist Jessica.

Police were then able to go back and talk to Jessica with a Communicaon Specialist who could assist

Jessica’s communicaon with police. This allowed police to connue their invesgaons.

IDRS ANNUAL REPORT 2017-2018

Education, Capacity Building

and Peer Support

2017-2018

IDRS educaon, capacity building and peer support aims to:

• Build the capacity of people with intellectual disability to understand their rights and responsibilies,

to feel condent to stand up for their rights and to know how to get help with their rights if they

need it. We develop resources to support this goal.

• Support people with intellectual disability to be educators and spokespersons for themselves and for

other people with intellectual disability.

• Provide educaon to those who support people with intellectual disability with legal and rights

problems including family, friends, disability support workers, community workers and advocates.

• Build the capacity of the community, parcularly the jusce sector, to respect and respond more

eecvely to the needs and rights of people with intellectual disability. We provide training to police,

lawyers and other jusce personnel.

• Develop accessible informaon resources for people with intellectual disability and assist other

organisaons to develop informaon designed for people with intellectual disability.

• Create opportunies for the growth of peer support networks to foster relaonships, connecons

and social inclusion.

• Build the capacity of people with intellectual disability to support and lead their peers.

• Provide individual advocacy support to isolated people to access the NDIS or mainstream supports.

• Support research that is inclusive.

Rights Awareness and Capacity Building for People with Intellectual Disability

The Your Life, Your Rights course, run over 4 consecuve weeks teaches people with disability about rights

and responsibilies in relaon to the legal system, work, relaonships, service agreements, consumer issues,

discriminaon and interacons with police. This course was delivered to 11 dierent

groups and a total of 210 parcipants in supported accommodaon and employment

services in metropolitan and regional NSW. The team developed The Law and AVO’s

course which was delivered in Wagga Wagga. The Geng Arrested course was also

delivered to school students in southern Sydney.

Your Life Your Rights course is co-facilitated with a co-educator with intellectual

disability. The course provides posive role-modeling for young parcipants engaged

in job skills and transion to work programs.

Connecons with CALD Communies

This year we have made acve eorts to engage with CALD communies, in parcular with refugees and newly

arrived migrants through support organisaons in Western Sydney. Using interpreters, our educators spoke about

IDRS services and accessing legal informaon. They answered queries about what to do if you get arrested and

how to get help in areas such as housing or relaonships educaon.

By aending the sta meengs and inter agencies of various migrant services, we learnt about the specic needs

of people with intellectual disability and their families in parcular cultural groups. This knowledge formed part

of a specialised training session for the Australian Federal Police who work in the area of forced marriage and

human tracking.

It was a cool course

what I liked about it

is [that] it showed

[what] our rights are

YLYR parcipant

“

”

IDRS ANNUAL REPORT 2017-2018

Peer Support Groups

Peer Support remained a strong feature of our work this year. The long-standing Redfern Peer Support group

connued to meet fortnightly. Rotang peer leaders became a feature of the group, with individual members

taking turns to organise and facilitate group sessions, gaining skills in seng agendas, running meengs, planning

and facilitang acvies and leading discussions.

A prominent issue was accessible transport. Group members wrote to the NSW Transport Minister and met with

the local State Member for Newtown - Jenny Leong to discuss their concerns about the lack of disability access at

Redfern Staon.

The ‘Using Transport’ iniave, held over 4 weeks with parcipants from the Washhouse in Mt Drui, was a way

to connect mums with intellectual disability as well as teach valuable skills around using technology to plan trips

using public transport.

A new peer support group was established in Penrith. We thank Penrith Council for making this possible by

providing a free meeng space. These peer group members have become more and more self-sucient as the

year progressed.

The IDRS Facebook Peer Support group connues to grow,

with 137 members acvely engaged. A survey of members

highlighted lack of jobs for people with intellectual

disability as their most important issue. On-line

discussions, led to the idea of the IDRS Jobs Photography

campaign - a display of photographic portraits coupled

with personal statements around geng the ideal job,

diculty with nding meaningful work and (low) rates of

pay. This campaign was run over 3 weeks reaching 21,508

people. The page has been liked/shared 1, 845 mes,

allowing people to engage with the campaign and to link

to the IDRS Facebook page.

Justen

speaking at the

Re-integration

Puzzle

conference

IDRS ANNUAL REPORT 2017-2018

Speaking Up

During 2017-2018, a number of opportunies arose for IDRS service users to advance the voices of people with

intellectual disability.

One of our co-educators spoke at the launch of the research report Economic Evaluaon of Criminal Jusce Support

Network, held at Parliament House in April. Another on-line peer group member, having launched his Imagine

workshop at the VALID conference last year, set up his own Face Book Support group and developed a series of

videos (co-hosted with an IDRS educator) to generate discussion and inspiraon around the theme of travel.

Peer group members aended a round table discussion with the Commonwealth Ombudsman to discuss their

experiences of using the NDIS. We hope that this informaon will be used to improve NDIS for people with

intellectual disability.

Sector Training

With the culminaon of the Disability Jusce Project, ‘Supporng

Vicms’ training was delivered in 10 regional areas in NSW in the

2017-2018 period. The Educaon Team travelled across the state, from

Albury to Tamworth, Cos Harbour to Wagga Wagga, as well as various

metropolitan areas. This training focused on skilling up workers so they

can eecvely support people with intellectual disability when making

statements to police or giving evidence in court as vicms of crime.

Individual Advocacy – NDIS

So specic and praccal.

The trainers were so

respecul and empathec

when communicang about

clients with intellectual

disability – great

advocates!

“

”

Education, Capacity Building

and Peer Support

Case Study – Finding Her Voice

Sally is a young woman with intellectual disability who recently nished school and was living at home

with her mum. Sally’s mum had intellectual disability herself. Sally had limited communicaon skills and

very lile social connecon outside home.

Sally’s cousin contacted IDRS to get Jusce Support help for Sally who was due to go to court on a

criminal charge. Sally needed support services. Jusce Support discovered that Sally already had an

NDIS plan but neither she nor her mother understood this and were not using the package. Sally ran the

risk of having her funding cancelled.

IDRS visited Sally at home because she was reluctant to leave her house. We helped Sally nd a new

NDIS Support Coordinator to arrange support including counselling and speech pathology. IDRS

supported Sally at her NDIS planning meeng. Someme later she received a leer saying that her

funding package had been increased by $50,000.

Sally has received help with her communicaon and started to aend social oungs. She now aends

an IDRS peer support group and is geng work training for a job. She is happy that she now has some

independence in her life. Sally has had no further interacon with the criminal jusce system.

IDRS ANNUAL REPORT 2017-2018

IDRS were successful in an open tender to win the contract to provide

intensive case management support in the Cognive Impairment Diversion

Program (CIDP). CIDP is a 2 year Pilot program funded by the NSW

Government’s NDIS transion fund which commenced in October 2017.

CIDP operates across two courts, Penrith and Gosford local courts.

CIDP aims to take an early intervenon approach to working with people

with cognive impairment in contact with the jusce system as defendants

in local court maers. The program aims to increase the use of diversionary

orders in NSW local courts and to support parcipants to be linked with

relevant and appropriate NDIS and mainstream supports. The program

aims to reduce rates of oending and contribute to improved quality of

life for parcipants.

IDRS opened a small oce in Penrith and one in Gosford in January 2018 for CIDP sta. The program lls a

signicant gap for people with cognive impairments with criminal maers in either of these courts. The program

is a good example of the type of eecve collaboraon undertaken by IDRS. The program partners are the NSW

Department of Jusce, Jusce Health, Legal Aid and the Naonal Disability Insurance Agency.

Jusce Health has employed a neuropsychologist at each site to screen and assess potenal parcipants and IDRS

has employed 2 case managers at each site and 1 program manager across both sites. The inial outcomes unl

June 30th 2018 have been very posive resulng in us looking to employ an addional case manager at each site

in 2018-2019.

Case managers work one on one with eligible clients who consent to parcipate, during a 10 week adjournment

period, to support them to link with appropriate supports and mainstream services including the NDIS. During this

me the case manager works with the client to develop a comprehensive support plan to put before the court to

assist their applicaon for a diversionary order under secon 32 of the Mental Health and Forensic Provisions Act.

They then remain involved unl the client’s supports are implemented and stabilised.

At 30 June 2018 IDRS had 41 CIDP clients.

Cognitive Impairment Diversion

Program – CIDP

Program Snap Shot

• Over 75% of CIDP clients are receiving

diversionary orders under s32

• Over 20% of our clients idenfy as either

Aboriginal or Torres Strait Islander

• The program works with people with a

wide range of cognive impairments

• 45% of our clients were not NDIS

parcipants at the point of referral, now

almost all have NDIS funding packages

• There is a marked reducon in recidivism

rates for clients parcipang in the program

Michael,

(my caseworker) is my

rock. He believed in me.

He stuck by me and now

I believe in myself.

“

”

IDRS ANNUAL REPORT 2017-2018

Type of service taken up by CIDP casework clients

Court outcomes for CIDP casework parcipants at 30 June 2018

Disability Service

(includes NDIS)

45%

Legal Advice (IDRS)

10%

S10 Bond

Other

(Licence Disqual)

Educaon

2.5%

S9 Bond

13%

Sentence

Employment

S32

77%

Suspended

Sentence

(s12)

Accommodaon

12.5%

Mental Health

12.5%

Health

12.5%

IDRS ANNUAL REPORT 2017-2018

Our primary work is to assist people with cognive impairment to get beer outcomes from the Naonal Disability

Insurance Agency by providing informaon and direct advocacy support to people who wish to challenge a

decision by the NDIA. The key focus is to assist people who want to challenge NDIA decisions at the Administrave

Appeals Tribunal AAT. We also assist people to challenge decisions internally.

In 2017-18 our funding enabled us to employ 2 full me support sta.

NDIS Appeals strategies

The funcon of the project is to assist in building capacity in people to challenge agency decisions. Armed with

knowledge of the legislaon, rules and operaonal guidelines this partnership approach, adapted depending

on the person we are assisng, involves working collaboravely on all submissions, requests complaints and

applicaons with our client.

Part of our capacity building objecve has been achieved this year through connued in-house informaon

provision and delivering informaon to service providers who call IDRS.

We receive referrals from within Legal Aid, Statewide Disability Services (Long Bay), the AAT, from within IDRS, the

DSS website and from word of mouth from past clients.

NDIS Support work in the year 2017-2018

One o informaon provision in person or over the phone 38

Assisng people seeking an internal review 32

Complaints to NDIA 12

Assisng people seeking external review at AAT 23

Total 105

All the people IDRS assisted with external reviews at the AAT have achieved posive outcomes

from their appealing a decision. However the process has been extremely dicult for many.

NDIS Appeals Support

The NDIS Appeals Support Project is a support service of IDRS funded through a grant from the

Department of Social Services (DSS) as part of their NDIS Appeals Program.

IDRS ANNUAL REPORT 2017-2018

Case Study – Success Aer a Gruelling Journey

Many requests for assistance are from parents of children with complex disability including behavioural

challenges whose supports have been drascally cut under NDIS.

Malcolm’s story is fairly typical of the gruelling journey parents take to achieve the supports their child

needs. It also shows the insensivity of the NDIA when dealing with parents. Parents tell us that the

review and appeal process leaves them feeling discouraged about their child’s chances of geng the

supports they need for their lifeme. Much of the process is focused on the parcipant’s decits and

parents can nd this very negave.

Malcolm is a cheerful and extremely acve child who can climb any fence or wall. He has no sense of

risk. He is nonverbal but can communicate using nonverbal means including holding someone’s arm

and pulling them. He loves going to the beach with his parents and running. He has moderate/severe

intellectual disability and ausm. Malcolm received a plan from NDIA with substanal cuts to therapy

assistance, behaviour support programs and community access. The approved days of supported

accommodaon and vacaon support was also drascally cut.

These cuts led to Malcolm spending many long hours at home because his mother who stays home to

care for him could not take him out on her own. Malcolm has had lots of contact with local police who

retrieve him from dangerous situaons when he has run away.

The external review process at the AAT cannot commence unl the NDIA has completed an internal

review of a decision. Malcolm’s mum, Krystal, contacted IDRS 6 months aer she had requested an

internal review. We sent complaints about the me it was taking to complete the internal review. Aer

2 more months the family were advised by phone that Malcolm’s plan was adequate and would not be

varied. Krystal felt the NDIA had refused to listen to her reasons for needing further supports. She was

told that other family commitments on her me were not relevant to the decision. Her support person

was not included in the call.

We assisted Krystal to appeal to the AAT and wrote a complaint leer to the NDIA about their

communicaon with Krystal.

Over the following months we spent me with the family witnessing how they have adjusted every

part of their lives to keep Malcolm happy and safe. We sought legal aid and supported Krystal at

case conferences, legal meengs and conciliaon. We helped to get together informaon the NDIA

requested and spoke up for the family at conciliaon when they were cricized.

Ulmately Malcolm received a negoated outcome at the AAT. The funds that the NDIA eventually

approved were almost 3 mes greater than the value of the original plan. Malcolm and his family had

waited 18 months for this outcome. NDIA have never responded to the complaint about how Krystal

was spoken to.

IDRS ANNUAL REPORT 2017-2018

ACCESS DENIED - Chloe

Chloe is 29 and has permanent disabilies of muscular dystrophy and intellectual disability. She is

outgoing and loves to go to events in the community and to her performance dance group. Her parents

support her as they have done her whole life. Chloe aends TAFE 2 days a week and has support in

class. She can neither read nor write but can copy type notes.

She used to aend an employment service but had to give this up as her physical capacity worsened.

Chloe had applied to access NDIS. She had no assessment reports and relied on an access form

completed by her GP who cked the boxes but gave no details about how her disability impacted her

communicaon, social interacon, learning, mobility, self-care and self -management

Chloe had only 3 months to request that the NDIA review the reviewable decision to deny access to the

NDIA. One week before the end of that 3 months Chloe’s mother called IDRS NDIS Appeals team to ask

for help. Chloe had no further reports or assessments to provide the NDIA.

We had to act fast as there was not enough me to get supporng assessments in me for the

review. Aer speaking to the people in Chloe’s life a very clear picture emerged of the extent of her

disability and how it impacts her every day. We wrote a list of quesons that addressed the disability

requirements of the Act at s24 based on these conversaons. We were able to have two long

conversaons based on the quesons with Chloe’s parents while they described in detail the supports

Chloe needs every day at home and when she is in the community. We wrote two statements of lived

experience which Chloe’s parents signed.

We submied these signed statements along with supporng leers from Chloe’s TAFE and previous

work experience locaon and quotes form Chloe herself.

The NDIA over turned their original decision and gave Chloe access to the scheme.

NDIS Appeals Support

IDRS ANNUAL REPORT 2017-2018

Parents Project

The Program helps parents who have either had their children removed from their care by Family and Community

Services (FACS) who are at risk of having their children removed. Funding for this work comes from the Public

Purpose Fund of the Law Society of NSW through the Community Legal Centres Program of NSW Legal Aid.

Parent Program Strategies:

Parents Program employs a part me solicitor and Parent Advocate/Case worker and combines both legal and

advocacy strategies to enable parents with intellectual disability to be fairly treated and have the best chance to

raise their children.

We oer:

• Legal advice and casework for parents with intellectual disability in care and protecon maers

• Non-legal advocacy and support for parents who are at risk of having a child removed including during

pregnancy

• Support persons for parents at the Children’s Courts in Child Care and Protecon maers

• Capacity building with disability support workers, child protecon workers and lawyers so that they work

beer with parents with intellectual disability

• Work for changes in policy and laws that will improve fairness and outcomes for parents with intellectual disability

Geng Early Help Works

The Parents Program likes to start working with mothers with intellectual disability when they are pregnant wherever

possible. We nd that if we can get involved at this early stage there is much beer chance of being prepared and

being able to care for their child.

In the past 12 months we have worked with 9 mothers during pregnancy.

FACS was already involved with many of these families. We were able to

help parents to talk with FACS to get clear what FACS wanted the family

to do so that they could take their child home. We worked with parents

to prepare for parenng and to line up services that would help with any

concerns FACS had. For many parents this included our advocate helping

them to apply for an NDIS service funding package.

From the 9 mothers we worked with during pregnancy, 7 mothers took

their baby home and have been able to keep the care of their baby.

This is especially pleasing because 5 of those mothers had had previous

babies removed from their care and this was the rst baby they were

allowed to care for.

We enrolled (daughter) into

child care because FACS said

she needs early childhood

development. Then FACS said

‘She’s too young. She should

be at home’. We were so

confused.

“

”

The Parents Program works with Parents who have intellectual disability.

IDRS ANNUAL REPORT 2017-2018

Parents Project

‘She was there if I needed to talk or to try and get my point across’ :

Specialist advocacy for parents with intellectual disability in the Australian

child protecon system

– see a copy of this research arcle on IDRS website.

This arcle in Australian Journal of Human Rights reports the ndings of

research based on interviews with parents who have used IDRS Parents

Program. You can nd the arcle on IDRS website.

hps://idrs.org.au/resources/publicaons/

The research idened 3 main themes from the parent interviews

• Powerlessness – including not being heard; being in a bewildering

process, being assumed to be incompetent and double vicmisaon

arising when domesc violence was involved

• Dealing with trauma – parents spoke of the grief and despair and for many mental health problems they

experienced on losing care of their child

• Making a dierence - having an advocate build a bridge between the parent and the care and protecon

system, parents felt valued and that they had a voice and had someone they could trust as most had lile

family or other support

The research concludes – Parents with intellectual disability require specialist support whether they come into

contact with the care and protecon system.

We would like to thank the 10 parents who bravely shared their stories and the researchers for their work to shine

a light on the experience of parents with intellectual disability in care and protecon processes.

CASE STUDY - Kylie

Kylie was referred to IDRS Parent Program when her baby was removed from her care soon aer

birth. She had another child in out of home care so it was very likely that FACS would remove

this next baby. FACS were concerned about domesc violence in her life and poor housing. Kylie

wanted to do whatever she could to be able to care for her new baby. She worked with a family

service and the IDRS parent advocate who supported her in all her meengs with FACS to make

sure there was no confusion. Over me and with help Kylie xed the problems idened by FACS.

The parent advocate supported Kylie to get an NDIS package and services so that she would have

more disability support in the future. Kylie kept a strong bond with the baby from having a lot of

posive exible contact me. Kylie’s experience is a good example of everyone working together

towards the best chance for the baby to come home. The FACS case worker also came to support

that goal. Everyone involved was delighted when the baby returned home.

She looks so condent and

that makes me condent.

I feel unlocked. I feel safe

so I can speak my words

for once.

Having

an advocate

“

”

IDRS ANNUAL REPORT 2017-2018

Fact Sheets for Parents with learning/intellectual disability

The Parents Program has developed some Fact Sheets especially for parents who are going through care and

protecon with FACS or in court. The fact sheets are illustrated and are Easy Read. The aim of the Fact Sheets is

to help parents to understand how the child protecon system works and what they need to do at various points

in the system.

We hope these fact sheets will be useful to parents directly and to solicitors and others who are trying to explain

the system to them.

You can nd these under ‘Fact Sheets for Parents’ on our website at hps://idrs.org.au/resources/fact-sheets/

IDRS ANNUAL REPORT 2017-2018

Acknowledgements

Acknowledgements and Thanks

This year we have received generous assistance from:

• Gilbert and Tobin Lawyers

• Penrith Council

Support and Funding

IDRS operates on a not for prot basis expending all income on the provision of services and the operaon of the

organisaon. IDRS acknowledges core funding support from:

• NSW Department of Family and Community Services

• NSW Department of Jusce

• Commonwealth Department of Social Services

• The Public Purpose Fund of the Law Society of NSW through the Community Legal Centres Program of NSW

• Care Partner Funding through Legal Aid NSW

Volunteers

Our biggest thanks goes to over 150 volunteers who support the work of IDRS. Your me, dedicaon and skills are

the backbone of our eorts to deliver jusce to people with intellectual disability across NSW.

We are very grateful.

Illawarra

volunteers

IDRS ANNUAL REPORT 2017-2018

Financial Statements

IDRS ANNUAL REPORT 2017-2018

PO Box 3347, Redfern NSW 2016

P: 02 9318 0144 • 1300 665 908

F: 02 9318 2887 • E: info@idrs.org.au

W: www.idrs.org.au