Monday, 8 July 2024

Day 110 - Auckland Disability Law - Group of lawyers work on legal challenge

Group of lawyers work on legal challenge

Auckland Disability Law: 08/07/2024

Disabled People Against Cuts Aotearoa (DPAC) are wanting to hear from people from the disability community who have been affected by Whaikaha’s recent cuts to flexible funding on 18 March 2024 and are wanting to share their stories. 

If you have made requests to an Individualised Funding Host, but your requests have been rejected, and would like legal advice on the options available to you, please contact Auckland Disability Law (ADL) on geraldine.lewis@adl.org.nz.

In our view, there appear to be valid grounds to argue that Whaikaha did not follow the law when making changes to Individualised Funding purchasing rules on 18 March. 

There are legal options to consider to potentially put this right, which we can advise you on. 

A small group of lawyers is working with ADL on the legal challenges against Whaikaha for the changes to purchasing rules. We would like to consider whether you might be a good person to be a named claimant in a High Court challenge against Whaikaha.

Next Steps

1. Please contact ADL at geraldine.lewis@adl.org.nz if you are willing to share your story and want advice on your legal options. Also please let ADL know whether you might like to be considered as a named claimant in a High Court challenge against Whaikaha.

2. If you find it hard to read through this letter, you might like to ask for help from a trusted support person, friend, or family member.

3. We are happy to answer any questions you might have. We can have a phone call or a Zoom Meeting with you. You can also email your questions to us.

4. We look forward to hearing from you.

Last Updated 15/08/2024

RESOURCES

Tuesday, 2 July 2024

Day 104 - ODT - Minister tells DCC most needy must be prioritised

Minister tells DCC most needy must be prioritised

By: Grant Miller

ODT: 2 July 2024

The Dunedin City Council has been told government support for disability services has to give priority to people with the highest needs.

Increasing costs had led to some difficult decisions, Minister for Disability Issues Louise Upston said.

This included reducing some aspects of flexibility for purchasing rules, which happened "alongside the very urgent need to ensure the [Ministry of Disabled People — Whaikaha] could continue to fund critical equipment and modification services".

The government provided additional funding for the ministry to make up for the deficit in the disability support system in the financial year just completed, Ms Upston said.

Ms Upston wrote to Dunedin Mayor Jules Radich last month after he had written to her on behalf of the council in May.

Her letter came up at a council meeting last week, prompting the Otago Daily Times to request a copy.

"Demand for disability support services is increasing and the cost of delivering those services is also increasing year on year", she wrote.

"The ministry has work to do to ensure it can continue to provide disability [support] in an affordable and equitable way."

Mr Radich wrote to Ms Upston after a notice of motion put up by Cr Mandy Mayhem was passed by the council.

The new restrictions had removed mileage allowances, cut accommodation support, reduced purchases and forced changes to equipment and home-modification priorities — all of which were previously a life-saver for disabled individuals and their families, Cr Mayhem said at the council meeting.

Cr Carmen Houlahan said at the meeting the changes to purchasing rules had "put fear into every member of the disability community".

The issue was personal for her, as she had a son with disability needs.

Ms Upston referred to a review that had been announced.

It is expected to advise on pressure the disability support system is under and provide recommendations about how services could be sustained in the long term.

Last Updated 02/07/2024

RESOURCES

  • Dunedin City Council













Monday, 1 July 2024

Day 103 - RNZ - Care workers hold rallies for pay equity across NZ

Care workers hold rallies for pay equity across NZ

By: Anna Sargent

RNZ: 09:32pm 1 July 2024


Christchurch care and support workers at a rally in Hornby.

Photo: Anna Sargent

Care and support workers have held rallies around the country calling on the government to fully fund a pay equity settlement.

The unions E tū, the PSA and the New Zealand Nurses Organisation (NZNO) said the rallies were the next step in a long campaign for the workers' pay equity claim, which was filed against 15 employers almost two years ago.

The claim could have implications for 65,000 people working in disability, home and mental health support, as well as aged care work, the unions said.

Last month, the unions took the claim to the Employment Relations Authority.

E tū activist and residential aged care worker Marianne Bishop said the government needed to front up.

"We have been waiting far too long for a decent pay equity settlement," she said.

"The care and support workforce is an essential part of our health system and our wider communities. We do these jobs because we love the work and we want to do the best we can.

"We are really worried about the future of the sector if there isn't a proper settlement really soon. We can't attract and retain workers if they know they're only going to be paid a pittance. We have an ageing workforce and an ageing population - unless we fix this now, it's a recipe for disaster."


Christchurch care and support workers flank local MP Megan Woods at a rally in Hornby.

Photo: Anna Sargent

In Christchurch, about 40 people waved signs and flags on the footpath near the Hornby Club.

NZNO delegate Val Fifita said workers were there protesting for equal pay.

"Our counterparts like the DHB have all got pay rises but we haven't. We do the same amount of work for the same patients and everything. All we're asking really is to be paid what we're worth.

"We're really hoping the government will come through and support the equal pay case."

In 2017, the government signed a $2 billion equity settlement giving tens of thousands of care and support workers a pay rise.

PSA spokesperson Brad Sparrow said care and support workers were some of the lowest paid.

"So just really need to get our wages up to meet the cost of living and so we don't lose some of our people supporting our most vulnerable over to the Aussies," he said.

In a statement, Health New Zealand/Te Whatu Ora said it was aware the Public Service Association applied to the Employment Relations Authority last month to determine remuneration rates in relation to the 1 July 2022 Care and Support Worker Pay Equity Claim.

"Health NZ is not the employer of this workforce and is not a party to the claim," it said.

"However, Health NZ as a major funder, has been in ongoing discussions with employers to support them with resolving the claim made against them."

Last Updated 02/07/2024

RESOURCES

  • E tū,
  • PSA 
  • New Zealand Nurses Organisation (NZNO)

  • 1 July 2022 Care and Support Worker Pay Equity Claim

Day 103 - The Post - Government warned against boot camps for youth with trauma, disabilities

Government warned against boot camps for youth with trauma, disabilities

By: Anna Whyte

The Post: July 1, 2024

Official advice on boot camps warned against traditional military-based programmes for young people who have experienced trauma or have a disability.

Advice given to Children’s Minister Karen Chhour on the introduction of military academies from Oranga Tamariki in December said the traditional military-based approaches for young offenders with trauma or disabilities would not lead to better long-term outcomes.

About 80% of young people in youth justice residences had a disability and/or mental health diagnosis.

It said young people with serious and persistent offending behaviour had high and complex needs and were likely to have experienced trauma, abuse and family violence, have a disability, have issues with addiction and mental health, and/or poor outcomes in education. It added that traditional boot camp models were likely to be detrimental to young people with a history of abuse and family violence.

“International research has shown that boot camps are one of the least effective interventions when it comes to reducing offending and anti-social behaviour among young people,” the advice stated, saying boot camps with counselling and a primary focus on rehabilitation were significantly more effective.

It said that almost all young people in youth justice residences — 97% according to a review in 2021 — had a history in care or protection, and the majority had a history involving significant and chronic physical abuse, exposure to family violence, neglect, sexual abuse, and exposure to adults with mental health issues and substance misuse.

The advice said the youth cohort with serious or persistent offending were more likely to have either a confirmed or suspected mental health or disability related diagnosis (80%), attempted suicide (20%), have significant learning difficulties (90%) and had been physically harmed more than three times in the last year (more than 50% of boys and 25% of girls).

It recommended therapeutic components, trauma-informed approaches and increase support during at the start.

The advice said international and New Zealand research showed military style training would not be effective interventions for young people with disabilities.

It said alternative or significant adaptation would need to be made if a military academy programme was introduced, “to mitigate the known issues for disabled young people and minimise additional harm caused”.

Labour’s mental health spokesperson Ingrid Leary said the advice was alarming.

“Not only are boot camps shown not to work, these documents show the clear danger they pose to the majority of young people who will be forced into them — given the significantly high number of young people in youth justice who have experienced family violence, abuse, addiction, trauma, disability and suicidal ideation.

She said it was “absolutely irresponsible” for the boot camps to proceed.

Children’s Minister Karen Chhour detailed last week how the boot camps would start, saying a pilot would begin soon in Palmerston North.

The initial pilot would see 10 young offenders be sentenced to a year-long programme, based out of Oranga Tamariki’s youth justice facility in Palmerston North. They would spend three months in a custodial setting, she said, followed by nine months in the community.

“Participants will follow a specially created curriculum and syllabus, with daily activities to support their health, learning and wellbeing. This will include military-style activities,” she said.

When the military-style boot camps start, only young offenders labelled as “Serious Young Offenders” in the Youth Court would be eligible for the programme.

Chhour said that label would be an option for people aged 14 to 17 years old, who were deemed likely to re-offend, and who could be sentenced to 10-plus years in jail.

Last week, Prime Minister Christopher Luxon was asked about the military academy approach. “We’re taking them out of the community so they don’t cause harm in the community, and we’re making powerful, targeted interventions in those young people’s lives and giving them the very best shot to turn their lives around,” he said.

“I don’t care what you say about whether it does or doesn’t work — we could have that intellectual conversation all day long — but we are, dammit, going to try something different, because we cannot carry on getting the results that we’ve been getting.”

The advice stated that “evidence tells us that military academies alone are not effective at reducing recidivism for youth offenders”.

“A military academy could take various forms and involve community and/or iwi Māori organisations.

“Providing rehabilitative and transition support, trauma-informed approaches, and building in components of best practice is considered essential if military academies progress (alternatively other programmes incorporating these elements could be progressed).”

- The Post

Last Updated 02/07/2024

RESOURCES

  • Ingrid Leary MP












Day 103 - Newstalk ZB - $2 or $23 an hour? Disabled workers at centre of political stoush ‘often’ receive minimum wage equivalent

$2 or $23 an hour? Disabled workers at centre of political stoush ‘often’ receive minimum wage equivalent

By: Derek Cheng Mon

Newstalk ZB: 1:52pm, 1 July 2024

Disabled workers earning as little as $2 an hour still “often” make the equivalent of the minimum wage after a benefit top-up, according to Aotearoa Disability Enterprises (ADE).

Such workers – mostly with intellectual disabilities – have been at the centre of a political stoush after the Government dumped a programme under the previous Government to top up their pay to the minimum wage (currently $23.15 an hour) from next year, saving $56 million over five years.

The workers’ employers have exemptions to pay below the minimum wage – with some earning as low as $2 an hour – which was the focus of a heated exchange between Social Development Minister Louise Upston and Opposition MPs at a recent select committee hearing.

Upston defended the move, saying it was better than those workers losing their jobs, prompting Labour and Green MPs to ask how that was possible given it was a subsidy programme that shouldn’t impact costs to the employer.

Upston invited Opposition MPs to ask ADE, the national representative charity connecting 900 disabled people with jobs via 12 disability enterprises across the country, such as Selmes Garden Centre in Blenheim or Recycle South in Invercargill.

ADE told the Herald the workers “often” earned the equivalent of the minimum wage already but didn’t confirm Upston’s claim that they would lose their jobs if Labour’s policy had gone ahead.

“Our employees have two sources of income: the wages they earn from their employer coupled with a government Supported Living Payment (SLP), their total income comprising part wage and part benefit, which often equates to greater than minimum wage,” said ADE deputy chairman Geoff Kemp.

“This scheme allows us as employers to pay wages based on the level of support the individual needs (levels of care, safety, and supervision) and considers varying levels of industrial capability.”

He said it was a human right to be paid equal remuneration for work of equal value, and the current system enabled that. “It is a vital incentive to employers that allows work to become a reality for people with an intellectual or similar disability.”

Kemp shared correspondence with the Ministry of Social Development following Labour’s announcement of the policy – in Budget 2023 – to provide an insight into the complexity of the issue.

The ministry gave non-specific reassurances to questions around how the scheme would work including how workers would be assessed, how employers would be represented, and whether anyone – including employers and employees – would be worse off.

Kemp said ADE had engaged with the previous Government on its Budget 2023 policy, and was now working with the Coalition Government “on its approach to achieving the best outcomes for people with neurodiversity”.

During the recent Social Services and Community select committee hearing, Green MP Ricardo Menéndez March challenged Upston to justify a disabled person being paid $2 an hour for “minimum wage work”.

Upston noted the additional welfare support for those workers, and replied the low pay was better than the workers losing their jobs, as they were people who “would clearly produce less an hour than someone else”.

That prompted Menéndez March to accuse Upston of an “almost eugenic-type definition of productivity”, which Upston dismissed with a scoff.

Derek Cheng is a senior journalist who started at the Herald in 2004. He has worked several stints in the press gallery team and is a former deputy political editor.

Last Updated 02/07/2024

RESOURCES

  • Aotearoa Disability Enterprises (ADE).
  • Selmes Garden Centre (Blenheim)
  • Recycle South (Invercargill)