News
and
Updates

BSWAT Payment Scheme (1)

BSWAT Payment Scheme (1)

Posted by Phillip Camela.

URGENT CALL TO ACTION

People who work/have worked at ADEs and were assessed using the BSWAT may be entitled to a payment through the BSWAT Payment Scheme. They have to register by April 30th or they will miss out. Here is a list of ADEs that used the BSWAT by State and Territory: www.wagejustice.org.au/…/ADEs-that-used-the-BSWAT-by-State-…
Can advocacy organisations please check the list.
* Do you know people who work, or have worked, in one of these ADEs?...
* Are any of the workers your current clients or past clients?
* Are they part of a Self - Advocacy group or peer support group that your organisation supports?
* Are you able to speak to, or visit, any of your closest ADEs to ask the workers if they have registered?

Phillip Camela Posted by Phillip Camela.
NDIS Appeals Program

NDIS Appeals Program

Posted by Kairsty Wilson.

NDIS APPEALS PROGRAM
We are pleased to announce that AED Legal Centre has received a grant from the Department of Social Services under the NDIS Appeals Program. The grant provides funding to assist applicants to navigate the process of seeking an Administrative Appeals Tribunal (AAT) review of National Disability Insurance Agency decisions. Activities will include preparing documents, attending conferences and hearings. AED will assist clients who have concerns about their individual plans, including funding levels, and are seeking a review.

Kairsty Wilson Legal Manager


Kairsty Wilson Posted by Kairsty Wilson.
People must register for the BSWAT Payment Scheme by 30 April 2017

People must register for the BSWAT Payment Scheme by 30 April 2017

Posted by Phillip Camela.

Thousands of people with intellectual impairment could be entitled to a one-off payment through the Australian Government’s BSWAT Payment Scheme if they register by 30 April 2017. People could get a payment of $100 or more.

The BSWAT Payment Scheme is for around 10,000 eligible supported employees of Australian Disability Enterprises (ADEs) who had their pro-rata wages or training wages worked out using the BSWAT and have an intellectual impairment. They must have worked for at least one day in the period starting on 1 January 2004 and ending on 28 May 2014.

Now that the Federal Court has approved the settlement of the BSWAT class action, the scheme is the only way for class action members to receive a payment.

To apply for a payment, people must register with the scheme by 30 April 2017. It’s quick and easy to register using this online form. Or, people can call 1800 799 515 or send an email.

Important: If people don’t register by 30 April 2017, they cannot apply for a payment – even if they may be eligible.

The Department of Social Services recently wrote to people who may be eligible for a payment. The letter included a payment application form and reply-paid envelope.

Potentially eligible people can complete the payment application form, put it in the reply-paid envelope, and post it as soon as possible so we receive their form by 30 April 2017. By completing the form, the Department will automatically register them for the scheme as well as process their application for a payment.

If a person is not ready to apply, they can register for the scheme by 30 April 2017. They then have until 30 November 2017 to apply for a payment. It's quick and easy to register for the scheme using this online form. Or, people can call 1800 799 515 or send an email.  

People can ask someone they trust to help them to register and apply. This could be a family member, advocate, nominee or someone in their ADE.

If you know someone who could be eligible, please tell them about the scheme and encourage them to register by 30 April 2017!

For more information visit www.dss.gov.au/bswat. Here, people can find an Easy Read Handbook, resources for supporters, the payment application form, information about financial counselling and legal advice, and more.

Phillip Camela Posted by Phillip Camela.
AED Film Night - Beauty and the Beast

AED Film Night - Beauty and the Beast

Posted by Phillip Camela.

6:45 pm Friday 24 March 2017

Now you can choose from one of two cinemas:

Sun Theatre, 8 Ballarat Street, Yarraville   OR Palace Balwyn Cinema, 231 Whitehorse Rd, Balwyn

From the wonderful world of Disney AED is proud to present its first fundraising Film Night for 2017, the classic ' Beauty and the Beast '.

Belle (Emma Watson), a bright, beautiful and independent young woman, is taken prisoner by a beast (Dan Stevens) in its castle. Despite her fears, she befriends the castle's enchanted staff and learns to look beyond the beast's hideous exterior, allowing her to recognize the kind heart and soul of the true prince that hides inside.

Tickets $35 Adults and $28 Children include a catering pack of small popcorn, choc top and small soft drink or bottle of water.

Palace Balwyn Cinema is a few steps from Stop 46 Tram No. 109.The Sun Theatre is at a short walking distance from Yarraville Train Station. There is also plenty of off-the street parking.

This is a fundraising event, 100% of proceeds from the night will go to support AED Legal Centre in giving access to justice to people with disability.

No tickets will be available on the night for this event.

Get your tickets for Palace Balwyn Cinema now at: https://www.trybooking.com/OSGW     OR

Get your tickets for Sun Theatre Yarraville now at: https://www.trybooking.com/ONUG

Phillip Camela Posted by Phillip Camela.
HISTORIC VICTORY FOR WORKERS WITH DISABILITY

HISTORIC VICTORY FOR WORKERS WITH DISABILITY

Posted by Phillip Camela.

Justice North from the Federal Court of Australia approved today the settlement of the class action between the Commonwealth and employees of Australian Disability Enterprises (ADEs) whose wages had been assessed under the Business Services Wage Assessment Tool (BSWAT).

The decision is worth $100 + millions of dollars that will benefit employees with disability working in ADEs around Australia.

Our warmest congratulations to Tyson Duval-Comrie, the chief litigant in the class action who took the Federal government to court where he represented the 10,000 workers with intellectual disability in ADEs whose wages were assessed using the BSWAT (a wage assessment tool).

The class action settlement approved today means that these workers will be eligible to get 70% of the money owed to them by the government through a law that passed in both Houses of Parliament – the Business Services Wage Assessment Tool (BSWAT) Payment Scheme.

This case is the culmination of years and years of hard fought advocacy work by AED Legal Centre (an organisations funded by DSS through the National Disability Advocacy Program) with support from DANA, PWDA, Inclusion Australia & Maurice Blackburn Lawyers.

We collectively encourage all eligible employees of ADEs to register under the BSWAT Payment Scheme. This scheme provides a one-off payment to eligible ADE employees.

For information on the BSWAT Payment Scheme, you can call the AED Legal Centre on (03) 9650 2533 and leave a message or email noni.lord@aed.org.au.

It very important that as many people as possible register for the BSWAT Payment Scheme.

This can be done in a number of ways, by:

• Visiting the website at: https://bswat.dss.gov.au/

• Phoning the BSWAT Hotline on 1800 880 052

• Emailing bswatpayments@dss.gov.au

• Phoning AED Legal Centre on (03) 9639 4333 - leave a message or email noni.lord@aed.org.au

AED Legal Centre is recognised by the federal government as a provider of legal advice once an offer has been made. 

[Image; a group of 11 people standing in front of the Federal Court in Melbourne. They are wearing business clothes. In the centre is chief litigant Tyson Duval-Comrie - he is wearing a suit and sunglasses. Photo from AED Legal Centre.]

Phillip Camela Posted by Phillip Camela.
IMPORTANT UPDATE - BSWAT CLASS ACTION

IMPORTANT UPDATE - BSWAT CLASS ACTION

Important Update on BSWAT Class Action
Maurice and Blackburn Lawyers,

The Class Action was made on behalf of supported employees with intellectual disability, who had their wages assessed using the Business Services Wage Assessment Tool (BSWAT) between 1 January 2004 and 28 May 2014.
This is the last chance for class members to have a say about this important legal case. A special session of the Federal Court is being held, where the Judge is expected to make a decision abo...ut the settlement. Class members may attend the special session taking place on 12 December, at the Owen Dixon Commonwealth Law Courts Building in Melbourne CBD.
Regardless of the outcome of the Class Action, supported employees with intellectual disability, affected by this case should still register for the BSWAT Payment Scheme.

If class members are happy to be involved in the case and they agree with the settlement, they are not required to do anything.

Class members who are not happy with the settlement, or do not want to be a part of the Class Action, you need to notify one of the following by 7 December 2016.
Maurice Blackburn Lawyers:
T: 1800 654 990
The Federal Court of Australia:
T: 03 8600 3333

Failure to make reasonable adjustments for employee with disability cost employer over $170k

Failure to make reasonable adjustments for employee with disability cost employer over $170k

19 July 2015

Article by Louise Rumble and James True

Marque Lawyers

The Federal Circuit Court has ruled that Corrective Services NSW unlawfully discriminated against Caryn Huntley, an employee, who suffered from Crohn'sDisease and idiopathic hypersomnolanceby failing to make "reasonable adjustments".

While the Court found a number of flaws in Corrective Services NSW's handling of the medical condition and subsequent termination, it focussed on the employer's obligations around "reasonable adjustments". Suffering the disease and sleep disorder ("disabilities" for the purposes of disability discrimination legislation), Ms Huntley had provided medical evidence to the employer regarding her ability to perform her role which, relevantly, included some travel.

The Court found the employer had misinterpreted that evidence when it determined Ms Huntley should be medically retired because she was unable to travel for more than 30 minutes. On the contrary, that medical evidence asserted Ms Huntley could take trips greater than 30 minutes, so long as she was able to take a break along the way. A reasonable adjustment to make?

The Disability Discrimination Act 1992 (Cth) (Act) provides that an employer will not have unlawfully discriminated against an employee if, because of the disability, the employee would be unable to carry out the inherent requirements of the job even if the employer made reasonable adjustments for that employee. Under the Act, an adjustment is reasonable unless making it would impose an unjustifiable hardship on the employer.

So, did Corrective Services NSW make reasonable adjustments? Basing its decision on the fact the employer had misinterpreted the medical evidence presented by Ms Huntley, had considered the condition an "illness" rather than a "disability" (the latter meaning the disability discrimination legislation was relevant) and subsequently terminated the employment, the Court said no.

Corrective Services NSW had failed to: consider the inherent requirements of the role; consider any reasonable adjustments that could be made to assist the employee to perform the inherent requirements; and implement those adjustments. Relevantly, the employer was ordered to pay compensation for pain and suffering and breach of contract to the tune of over $170k plus interest.

Lessons learned: employers ought to carefully consider whether an employee's illness or medical condition is a "disability" and, if so, take steps to comply with the obligations which arise from the disability discrimination legislation. A failure to do so could be costly.

We do not disclaim anything about this article. We're quite proud of it really.

 

 

 

AED FILM NIGHT - DON'T TELL

AED FILM NIGHT - DON'T TELL

Based on true events that changed the law.

This is the story of Lyndal, a young woman sexually abused as an 11 year old while attending a prestigious school. Her courage to fight for justice is entrusted to a local lawyer determined to build a case and give Lyndal peace from her torment. With the help of his aspiring young associate and an enigmatic barrister, the lawyer and Lyndal find their way together.

Tickets $ 35 include Movie Munchies.

Tickets on sale online from 8am Tuesday 11 April at www.trybooking.com/PQSV

Screening times can vary by 30 mns.

Please check exact screening trime 3 days prior of event on the Cinema Nova website: http://www.cinemanova.com.au/session_times_today.php

AED FILM NIGHT - DON'T TELL

AED FILM NIGHT - DON'T TELL

Based on true events that changed the law.

This is the story of Lyndal, a young woman sexually abused as an 11 year old while attending a prestigious school. Her courage to fight for justice is entrusted to a local lawyer determined to build a case and give Lyndal peace from her torment. With the help of his aspiring young associate and an enigmatic barrister, the lawyer and Lyndal find their way together.

Tickets $ 35 include Movie Munchies.

Tickets on sale online from 8am Tuesday 11 April at www.trybooking.com/PQSV

Screening times can vary by 30 mns. Please check exact screening trime 3 days prior of event on the Cinema Nova website: http://www.cinemanova.com.au/session_times_today.php

(03) 9639 4333

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Melbourne 3000

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