Disability

• Disability Inclusion Bill 2023 (ACT)

  25th Oct 2023

• Govt urged to implement recommendations allowing equal access to jury duty

  22nd May 2023

  Proposed law reform to ensure people who are deaf or blind can participate in juries in Victoria is welcome.

• My vision for a more efficient and cost-effective NDIS

  20th Oct 2022

  Deaf activist and author Asphyxia is one of thousands of NDIS participants pursuing legal proceedings at the AAT after experiencing unnecessary distress resulting from the NDIA’s requests for invasive medical reports that they have not heeded. On World Evidence-Based Healthcare Day, Asphyxia shares her experience and her vision for innovation, greater equity and improved outcomes for all.

• Assessing disability claims fairly

  3rd Jun 2021

  Liam Hanlon and Dr Benjamin Koh discuss two major outcomes from the Banking Royal Commission for insurance claims assessors, including the requirement of an Australian Financial Services Licence and the statutory obligation of utmost good faith. These outcomes set a higher legal standard for claims assessors to operate fairly and provide valuable consumer protections to those claiming disability benefits.

• Over 1,000 Australians with cognitive disability are detained indefinitely each year

  13th May 2021

  The indefinite detention of people with cognitive impairments and/or mental illness in our criminal justice system has been criticised for being arbitrary in nature and subjecting detainees to abuse and serious human rights violations.

  Eileen Baldry AO highlights the reforms needed to dismantle this shameful practice and provide more disability-focused support to those at risk.

• Compensation, risk and the NDIS

  29th Apr 2021

  Pursuing compensation can be expensive and stressful. Might injured Australians decide it’s better to just receive full Centrelink and NDIS? Jane Campbell explains the issues at play, including repayments and reductions, and highlights the enduring importance of securing proper compensation.

• How the new Queensland Human Rights Act can assist clients with disability

  16th Apr 2020

  It is well recognised that people with disability are particularly vulnerable to violations of their human rights. In this article, Emma Phillips welcomes the new statutory human rights protections delivered by the Human Rights Act 2019 (Qld) (which commenced in January 2020) and identifies the rights and freedoms which have particular significance for people with disability. Emma explains how the new statutory right to health services, a new human right in Australia, has the potential to address the denial of appropriate treatment for people with disability and any failures to ensure access to health services for incarcerated people with disability.

• TAC amendments allowing professional administration fees may fail

  8th Nov 2018

  A discussion of legislative amendments that will impact TAC claimants in Victoria.

• Superannuation and TPD Insurance: Four things you should tell every TPD client

  11th Oct 2018

  Giving TPD insurance claimants specific information early on can stop them taking action that is potentially financially damaging and encourage them to think about how best to maximise their claim should it be successful.

• The NDIS and compensation

  15th Mar 2018

  Tom Ballantyne gives an overview of the compensation claims process under the National Disability Insurance Scheme (NDIS).

• Superannuation disability insurance: tips and traps

  17th Aug 2017

  This article offers ten tips for successful total and permanent disablement (TPD) claims under insurance held through superannuation.
   

• Money and injury – big changes afoot

  27th Aug 2015

  Changes are being made to the way that injured people can access financial support. Are the changes being made to government support, compensation and disability insurance a step in the right direction for injured Australians? Jane Campbell assesses the issues. 

• Change to DSP Medical Assessment

  14th Aug 2015

  The change to the disability support pension (DSP) medical assessment process may impact the accuracy of decision-making and reduce the number of successful applications. This raises the question: is there an alternative option to secure financial support for these clients?

• Fault lines in NDIS follow cracks in NSW lifetime care scheme

  12th Aug 2014

  Systemic issues identified in the NSW Lifetime Care and Support Scheme (LTCS) may already be affecting services provided via the National Disability Insurance Scheme (NDIS), the Australian Lawyers Alliance (ALA) said today.

• NDIS must have full, bipartisan support

  12th Nov 2013

  The Australian Lawyers Alliance is today stressing the importance of the National Disability Insurance Scheme being given full affordable and sustainable support from both sides of government to ensure it delivers the expectations of the community.

• Misnomer of NDIS as a form of insurance is concerning – ALA

  12th Aug 2013

  “A potential misunderstanding that the National Disability Insurance Scheme (NDIS) is a form of insurance has prompted some underwriters to warn that the scheme, now called DisabilityCare, does not safeguard families from economic loss resulting from death and incapacity,” the Australian Lawyers Alliance said today.

• Less haste and more thoroughness needed for DisabilityCare – ALA

  1st Jul 2013

  The Australian Lawyers Alliance welcomes the official commencement of DisabilityCare today, but is concerned about potential oversights in all the haste.

• ALA welcomes new debate to secure funding for DisabilityCare

  30th Apr 2013

  The Australian Lawyers Alliance today welcomed renewed debate on secure funding for DisabilityCare.

• ALA applauds SA joining NDIS

  18th Apr 2013

  The Australian Lawyers Alliance today congratulated South Australia on becoming the second state to unite with the federal government on the state-wide roll out of DisabilityCare Australia.

• New super tax changes will hurt the injured

  8th Apr 2013

  “The catastrophically injured and their carers are having their futures thrown into doubt after the federal government announced changes to superannuation laws on Friday that are likely to mean that their compensation payments will run out early,” the Australian Lawyers Alliance said today.

• NDIS Bill praised by ALA, but with qualification

  24th Mar 2013

  The Australian Lawyers Alliance remains concerned about oversights in the National Disability Insurance Scheme Bill which stand to limit the rights of those with disabilities and their carers.

• NDIS recovery rights fall short

  15th Mar 2013

  People with disabilities can be pressured into legal action under provisions in the National Disability Scheme legislation passed in the House of Representatives yesterday.

• NDIS Bill inadequate in protecting rights of those with disabilities

  19th Feb 2013

  The Australian Lawyers Alliance today told an Adelaide public hearing on the National Disability Insurance Scheme (NDIS) that the Bill, in its present form, would not adequately protect the rights of those with disabilities.

• Vital legal rights at risk under NDIS Bill - ALA

  10th Feb 2013

  Vitally important legal rights could be lost and some people with disabilities potentially left worse off under current draft NDIS legislation, according to peak legal body the Australian Lawyers Alliance.

• ALA welcomes NDIS Bill

  29th Nov 2012

  The Australian Lawyers Alliance welcomes the National Disability Insurance Scheme Bill, introduced today.

• Draft NDIS legislation should be properly scrutinised

  16th Oct 2012

  Draft NDIS legislation should be distributed to Australian disability groups, academics and lawyers, well before any parliamentary tabling, the ALA said today.

• Inconsistency in NSW is draining disability rights - ALA

  30th Aug 2012

  After much negotiation, NSW has announced it will provide an extra $35 million to support the rollout of a National Disability Insurance Scheme in the Hunter region to help 10,000 people with significant disability.

• Funding gaps likely to be exacerbated by poor NDIS planning - ALA

  26th Jul 2012

  “Lack of structural detail for a National Disability Insurance Scheme will only exacerbate likely delays in rolling it out, following failure of all parties to agree on funding contributions at yesterday’s Council of Australian Governments meeting,” the Australian Lawyers Alliance said today.

• Call for inquiry into impact of no-fault insurance schemes

  16th Jun 2012

  The Australian Lawyers Alliance is calling for a Parliamentary Inquiry into no fault schemes and the impact of such schemes on the lives of injury victims, following the presentations of keynote speakers and panel experts at its SA Conference in Glenelg yesterday.

• ALA welcomes NDIS initiative

  10th May 2012

  “The ALA today welcomes the Federal Government’s initial commitment to start funding the NDIS, but remains concerned regarding the long term financial sustainability of the scheme.”

• Government using 'smoke and mirrors' policy to retain power

  13th Apr 2012

  The Australian Lawyers Alliance is concerned the federal government is misleading vulnerable Australians in a bid to bolster re-election prospects and that the National Disability Insurance Scheme (NDIS) will not live up to its potential benefit to the community.