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:     OR

Get your tickets for Sun Theatre Yarraville now at:

Phillip Camela Posted by Phillip Camela.


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

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:

• Phoning the BSWAT Hotline on 1800 880 052

• Emailing

• Phoning AED Legal Centre on (03) 9639 4333 - leave a message or email

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.


Posted by Phillip Camela.

Our warmest congratulations to Rolf Sorensen for winning the 2016 Susan Crennan Award for his pro-bono work for over 10 years with the AED Legal Centre. We at AED can't thank Rolf enough for his help. The recognition and the award could not have gone to a nicer and more deserving person.

Phillip Camela Posted by Phillip Camela.


Posted by Phillip Camela.

AED's Principal Legal Practitioner Kairsty Wilson is the co-winner of this year's National Disability Award for the category Excellence in Justice and Rights Promotion.

She received the award at a dinner in the Great Hall of Parliament House Canberra on 7 November 2016 from the Hon Jane Prentice MP, Assistant Minister for Social Services and Disability Services.

Congratulations to Kairsty for the recognition of her work, it is truly well deserved !

Picture: Kairsty during her acceptance speech

Phillip Camela Posted by Phillip Camela.


Posted by Phillip Camela.

AED Legal Centre has been notified by the Department of Social Services (DSS) that we have been approved to provide legal advice under the Business Services Wage Assessment Tool (BSWAT) Payment Scheme (the scheme). Our details have been published on the DSS webpage and can be found at

We were contacted yesterday by one of our clients who said that he has accepted an offer of payment under the scheme.

This client did not seek legal advice and we are concerned that many employees will not be aware of their rights under the scheme.

So we ask you to spread the word to your colleagues as well as to refer your clients who have received an offer to us so that we can ensure they receive legal advice in relation to the payment.

If you have any questions about the process, please ring AED Legal Centre on 03 9639 4333 or email


Kind regards,

Kairsty Wilson

Phillip Camela Posted by Phillip Camela.
Employment terminated after disability disclosure

Employment terminated after disability disclosure

The client was the wife of and is the trustee and executor of the estate of a deceased 45 year old male who had been diagnosed with cancer. His work hours were reduced and employment eventually terminated after disclosing his cancer diagnosis to an employer he had been working for 17 years.  

The deceased had worked for his employer for 17 years, no issues ever being raised about his performance. After disclosing his diagnosis, his hours were drastically reduced and his employment eventually terminated several months later. The employer claimed that the deceased was unable to perform his daily work functions and posed a risk of danger to other staff. This contradicted a medical certificate issued at the time declaring that the deceased was fit for work.

With the support of AED, the client filed an anti-discrimination complaint to VCAT on behalf of the deceased, under the Equal Opportunity Act 2010. The employer made a strike out application on the basis that the client did not have sufficient standing under the law to bring such a claim on behalf of another person. A hearing was held where barristers for both parties put forth arguments claiming that the client had or did not have, under relevant legislation, sufficient interest to make the complaint on the deceased’s behalf.

 Current legislation is unclear about the client’s position with regards to commencing her action. In such circumstances, Parliament’s intention in enacting the relevant legislation is considered. The VCAT member found that the objectives of the Equal Opportunity Act 2010 include the ongoing improvement of society by the elimination of unlawful discrimination and that the client is not excluded from taking the present action against the deceased’s employer. The strike out application was therefore dismissed and matter is ongoing.


Kate back on the job after dismissal

Kate back on the job after dismissal

WHEN Kate Last was sacked she thought her world had ended.

The Parkville woman, who has an intellectual disability and short-term memory loss, worked for a disability service provider for four years before being dismissed.

Ms Last said the reason given for her dismissal was she had become a danger to other employees.

The 40-year-old was handed a letter of termination and escorted off the premises.

She said in her job she was required to undertake multi-tasking but due to her disability, she wasn’t able to understand new tasks that were only relayed verbally.

Her co-workers went on strike after learning why Ms Last wasn’t at work.

Ms Last said in the years that followed she lost a lot of weight and at times contemplated suicide.

Ms Last said because she felt she was wrongly done by she contacted the Association for Employees with a Disability Legal Centre to get her job back.

Two and a half years later and three days before a scheduled hearing at the Fair Work Commission she was reinstated.

Ms Last said when she learnt she could go back to work she was over the moon.

Dismissal in contravention of a general protection

Dismissal in contravention of a general protection

A 42 year old male with brain damage after an accident, as well as physical injuries including shoulder reconstruction and broken back and neck contacted ADE Legal Centre. 

The client was unpaid by his employer for substantial number of hours worked beyond his employment contract. He was also made to perform duties outside of the scope of the contract, subjected to treatment by the employer amounting to bullying and/or vilification and not provided with entitlements under his contract. The employer made rude and abusive comments about the client’s and his partner’s disabilities to other staff.

The matter was initially brought to the Fair Work Commission as a General Protections Application Involving Dismissal, under the Fair Work Act 2009. A conciliation was organised by the Commission but no settlement was reached.

The parties continued negotiating on their own but failed to reached agreement. The matter was subsequently filed at the Federal Circuit Court as a Claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection. A mediation was organised by the court in which the parties managed to reach a mutually agreeable settlement

The outcome of AED's intervention is that the parties agreed on terms of settlement after a mediation at the Federal Circuit Court.

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 Blue Illusion Fundraiser

AED Blue Illusion Fundraiser

Autumn is here and AED and Blue Illusion are pleased to invite you to a fundraising fashion night featuring French inspired designs.

Blue Illusions - 91 Puckle Street Moonee Ponds

Thursday 5 April 2018 @ 7:00pm Doors open at 6:30pm

Tickets $10 include :

Finger food and champagne
Fashion parade @ 7pm
Advice on accessories + Gifts

15% of sales will go to AED to support people with disability

For more information please email:

or leave your contact details on (03) 9639 4333.

AMF Bowling Fundraiser

AMF Bowling Fundraiser

Join us for what promises to be a really fun night at the AMF Bowling Club - 938 Nepean Hwy, Moorabbin at 6:30pm for a 7:00pm start on Saturday May 12.

Long standing AED member and supporter Alysia Maloney is organising this event and rumour has it that she's a keen player and that she's managed a few strikes in the past.

The venue charges $15 for 2 games and requires a minimum of 30 people.

Book your tickets now from

Congratulations Courtney!

Congratulations Courtney!

Our warmest congratulations to Courtney Davies who on Wednesday February 21 graduated in Laws at Deakin University (Geelong Campus). Courtney is a valued member of staff at AED and her work currently focuses on the #NDIS Appeals Program. Best wishes to Courtney again and we have no doubt that she will have a very rewarding and distinguished career in Law.

No prizes for recognising the people in the picture. Of course it's (left to right) Courtney Davies and Kairsty Wilson

Happy 10th BIrthday AED

Happy 10th BIrthday AED

AED Legal Centre 2008-2018

Giving access to justice to people with disability

It just seems like yesterday that we started, but on July 1 this year AED will be 10 years old!

In the months ahead the AED Committee, management, staff and volunteers will be given an opportunity to bring forward ideas on how we should celebrate this very important occasion. Clients of the service will also be involved in this process as well as advocacy agencies with whom we closely work.

NDIS Appeals Flowchart

NDIS Appeals Flowchart

AED Legal Centre is currently providing assistance to NDIS participants who are seeking a review of an NDIS decision at the Administrative Appeals Tribunal (AAT).

For more information about this service please contact AED Legal Centre, Suite 4 Level 9, 276 Flinders Street, Melbourne, 3000.

Ph:(03) 9639 4333 or email

(03) 9639 4333

Suite 4 Level 9
276 Flinders St
Melbourne 3000

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