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PWD E-Bulletin

Issue 32, July 2006

Welcome to PWD’s e-bulletin. The e-bulletin goes out to members and interested others regularly by email. For members who do not have access to email, a printed version of the e-bulletin will be sent by post. To be added to or removed from our mailing list, or to change your email address, please contact Allyson Campbell at PWD on email pwd@pwd.org.au or on one of the numbers listed at the end of this bulletin.

Contents

New South Wales news

Other state and territory news

National news

International news

The inside story

New publications and resources

Conferences and events

About PWD

Privacy statement

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NSW news

++Community Participation Program – Implementation of new directions

On 1 July 2006, the Department of Ageing and Disability and Home Care (DADHC) began implementation of changes to the Community Participation Program, part of the NSW Government’s new direction for disability services. Implementation of the changes will occur over the next two to three months.

PWD has been involved in the stakeholder working group advising DADHC about the new policy directions (see E-bulletin, Issue 30, March 2006). The new directions will see welcome changes to the Community Participation Program, such as the return to individual, portable funding; the opportunity to participate in new service models, such as self-managed approaches; and the emphasis on program approaches that are based around the person.

On 6 July 2006, DADHC sent letters to all young people involved in the Community Participation Program advising them of the commencement of the new changes. DADHC also sent a follow-up letter that provided results of the young person’s assessment, their funding band and the appeals process.

It was most unfortunate that DADHC issued information about these changes to young people and their families after the changes began, rather than before.

PWD is aware that this has created uncertainty and confusion. In some cases young people and their families will face an additional burden as they may need to find new service providers and once again reshuffle daily routines. PWD will continue to monitor the impact of these changes on young people and their families.

Separate to the work of the Stakeholder Working Group, DADHC has also assessed and approved the service providers that will provide the Community Participation Program from 1 September 2006. The successful service providers are made up of new and existing service providers, and the list is available on the DADHC website at: www.dadhc.nsw.gov.au/dadhc/People+with+a+disability/Post+School+Programs.htm

DADHC has also established a Community Participation Information Line to provide information about community participation assessments, including about lodging an appeal, or to provide assistance with choosing a service provider. The information line phone number is 1800 761 030.

For more information about PWD’s involvement in the new directions for Community Participation Program contact Therese Sands at PWD.

++Proposed Reforms to the Parliamentary Electorates and Elections Act 1912

Premier Maurice Iemma recently announced proposed reforms to the Parliamentary Electorates and Elections Act. On 3 July 2006, a draft Bill was posted on the Cabinet Office of New South Wales website at: www.cabinet.nsw.gov.au.

The Cabinet Office advises that the Bill embodies technical and administrative changes to streamline the conduct of elections in New South Wales and improve the functioning of the State Electoral Office. Newspaper advertisements advising of the consultation process and inviting comments on the Bill have been placed.

PWD will be examining the draft bill and ensuing that there are improvements in the rights of people with disability to participate in the electoral system. Submissions close Monday, 31 July 2006.

For further details please contact Digby Hughes at PWD.

++Action on voter discrimination: Update

The Joint Standing Committee on Electoral Matters of the NSW Parliament is currently conducting an inquiry into voter enrolment. One of the terms of reference is the current level of voter enrolment in New South Wales, particularly among young people and any other groups with special needs.

PWD made a detailed submission detailing the lack of access of people living in institutional accommodation, such as licensed residential centres (boarding houses) and government run facilities, such as the Lachlan Centre. We noted that many residents are discouraged from access with the general community and continually taught that they are incapable of many every day activities. We argued that many of our clients do indeed have the ability to participate in the electoral process if information is presented in an accessible format.

Following our written submission PWD has been invited to present verbal evidence to the Committee.

For further details please contact Digby Hughes at PWD.

++Ombudsman investigates NSW boarding houses

The NSW Ombudsman has just released a report identifying serious problems with the way boarding houses are licensed and monitored in NSW. The document also reports that there are inadequate safeguards for protecting people with disability who live in unlicensed boarding houses.

The NSW Minister for Ageing and Disability, the Honorable John Della Bosca, has announced the government will develop a boarding house strategy in response to the Ombudsman’s report.

The Ombudsman first identified problems within the system in 2002. The Department of Ageing and Disability and Home Care (DADHC) responded with a new policy to ensure the health and welfare of residents in boarding houses and better monitoring of licensed boarding houses.

According to the Ombudsman’s report DADHC has failed in its responsibility to implement these changes. The report attributes this in part to legislative restrictions under the Youth and Community Services Act 1973 which indicate that many of the conditions in boarding house licenses may be beyond the power of the department to enforce. The Ombudsman also notes that the application of the boarding house policy has varied across NSW with some regions more actively implementing the policy than others.

In response DADHC has indicated they will ensure proper training and support for licensing staff. DADHC has provided the government with advice on relevant legislation especially relating to the enforcement of boarding house license conditions.

The Ombudsman notes that many people rely on boarding house accommodation as a lost cost housing alternative and that any monitoring system implemented by government needs to be of the ‘highest quality’.

For the full report go to: www.nswombudsman.nsw.gov.au/whatsnew/latestpublication.html.

PWD issued a media statement in response to the release of the report this can be viewed at: www.pwd.org.au/publications/MR290606BoardingHouseMonitoring.doc.

++New GBLT Carers’ Network

The AIDS Council of New South Wales (ACON), a health promotion organisation based in the gay, lesbian, bisexual and transgender communities with a central focus on HIV, has started up a carers’ network that aims to help carers and their loved ones access better support and community services.

Funded through a grant from the NSW Health Department Carers’ Support Program, the GBLT Carers’ Network can provide information, social connections, referrals and skills training.

Phone (02) 9206 2032, or go to: www.acon.org.au/glbtcarers.

++Disability health body wins funding

The Centre for Developmental Disability Studies (CDDS) has received funding from the NSW Government after concerns it would no longer be able to operate.

In June the CDDS Board announced it would no longer able to fund operations if the NSW Government did not respond to requests for infrastructure support.

The Hon. John Della Bosca, MLC, Minister for Disability Services, and the Hon. John Hatzistergos, MLC, Minister for Health, have announced funding to ensure the operation of the centre for at least the next two years.

The certainty of funding provided by the state government will allow CDDS to continue its work providing specialist health care for people with developmental disability.

CDDS is a non-profit organisation jointly operated by the Department of Community Services, the Department of Health and Sydney University. CDDS informs policy that impacts people with developmental disability through research, teaching and clinical practice.

For more information go to: www.cdds.med.usyd.edu.au/Main_Page.html.

++Social and Community Services (SACS) Award update

The NSW Government has agreed to increase funding to state-funded NGOs by 3.3 per cent every year for the next three years.

In March 2006 the Industrial Relations Commission awarded employees under the Social and Community Services (SACS) Award a 3.5 percent increase every year for the next three years.

The increase provides some certainty to community organisations that were facing pay increases as at 1 July 2006. It also provides them with an effective base from which to lobby the federal government to match the 3.3 percent increase provided by the state government.

More information: www.asu.asn.au/.

++Individual advocacy outreach

PWD conducted two outreach trips in May to the far north coast of NSW, meeting with people with disability and in Lismore, Bogangar, Kingscliff and Tweed Heads. Many Indigenous people with disability have requested individual advocacy support. PWD met with a board range of disability and community support services in the area.

For more information contact Matthew Bowden at PWD.

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Other states and territory news

Individual Advocacy at the Youth Disability Advocacy Service is open for business in Victoria

The Youth Disability Advocacy Service (YDAS) has commenced providing individual advocacy for young people with disability between the ages of 12 and 25 throughout Victoria.

Michelle Bowler is the new Individual Advocate for YDAS. Michelle can support young people to access their rights in a range of areas including employment, education, housing, social security benefits, disability services and discrimination and with a wide range of access and equity issues. Michelle works Mondays, Tuesdays and Wednesdays and is available now to support young people with disability with their individual advocacy needs.

Phone: (03) 9267 3733
Toll free number for callers from outside of Melbourne: 1300 727 176
Email: mbowler@yacvic.org.au .

YDAS is funded by the Department of Human Services and is a partnership between the Youth Affairs Council of Victoria, Disability Discrimination Legal Service and Youthlaw.

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National news

++PWD responds to Disability Discrimination Act amendments

In early 2006, PWD, NSW Disability Discrimination Legal Centre (DDLC) and Australian Federation of Disability Organisations (AFDO) hosted a forum about the government’s proposed amendments to the Disability Discrimination Act (DDA) called Amending the Disability Discrimination Act: Cause for celebration, or concern?

The review process began with the Productivity Commission’s 2004 report on the impact and effectiveness of the DDA. Then, in 2005, the Commonwealth Government issued its response to that report, including proposed amendments to the DDA to make it more effective in eliminating discrimination against people with disability.

PWD, DDLC and AFDO have since compiled the notes from the forum and have distributed them to forum participants and to those staff of the Commonwealth Attorney General’s Department charged with responsibility for preparing the amendments. The notes have been well received, and there are some early indications that the forum and the notes have proved to be very influential with some key stakeholders.

PWD and DDLC are currently preparing detailed commentary and recommendations on the actual terms, or elements, of the proposed amendments, relying heavily on the forum notes. It is anticipated that this document will be widely used in our campaign around this issue moving forward.

For a copy of the forum notes, or to discuss PWD’s work in this area please contact Matthew Keeley, Senior Legal Officer, PWD.

++Advocating for accessible rail and air transport

PWD has replied to the Australasian Railways Association's (ARA’s) application to the Human Rights and Equal Opportunity Commission (HREOC) seeking temporary exemptions for Australian rail transport providers from numerous requirements of the Disability Standards for Accessible Public Transport 2002 (‘Standards’).

PWD believes that ARA has not provided sufficient reasons or evidence to justify HREOC making any decisions to grant any of the temporary exemptions sought by ARA. PWD said that, in particular, ARA’s application failed to provide sufficient evidence:

  • of the technical, financial or other reasons for inability to immediately comply with each and every legal obligation contained in the Standards in respect of which an exemption is sought
  • that each exemption sought will further the elimination, as far as possible, of discrimination against people with disability in the provision of public transport services, or
  • that the exemptions sought are to be temporary in nature and are only to apply pending ARA’s members’ becoming able within a reasonable period of time to comply with the Standards as currently written.

PWD understands that the views of other interested stakeholders are broadly similar, and that they also oppose the great majority of ARA’s proposed exemptions for much the same reasons.

PWD nonetheless recognises and applauds ARA and its members’ demonstrated good will and commitment to developing flexible and innovative rail-access solutions, and PWD will continue to contribute to finding a satisfactory resolution to this matter.

PWD continues to advocate across a range of public transport issues. In the area of air transport for example, PWD is advocating at the highest levels for the international aviation and disability communities to embark upon a process of international co-operation focusing on the development of universal/accessible design specifications for maximal access by people with disability to airplanes.

For more information please contact Matthew Keeley, Senior Legal Officer, PWD.

++Impact of minimum wage for employees with disability

The Australian Fair Pay Commission (AFPC) will make its first minimum wage decision in Spring 2006.

PWD is working with NSW Disability Discrimination Legal Centre (DDLC) on a joint submission to the Australian Fair Pay Commission, commenting on how the proposed Special Federal Minimum Wage for employees with disability may impact on people with disability.

The commission will accept written submissions until Friday, 28 July 2006. Information about making a written submission and about the community consultations around Australia can be found on the AFPC website.

The AFPC website, www.fairpay.gov.au/, states that the AFPC was established:

To set and adjust the federal minimum wage to promote the economic prosperity of Australia… The Commission replaces the wage-setting and adjusting functions of the Australian Industrial Relations Commission.

In preparing to set the federal minimum wage, the Commission will consult widely with stakeholders and the community, seeking information, insight and impacts about the minimum wage.

Amongst other things, the AFPC is charged with responsibility for setting and adjusting:

  • the federal minimum wage
  • minimum classification rates of pay in Australian Pay and Classification Scales, and
  • the federal minimum wage for juniors, trainees (including school-based apprentices) and employees with disabilities.
Contact Samantha French, or Matthew Keeley, Senior Legal Officer, PWD for more information.

++Making news about height adjustable examination beds

On 1 July 2006, the Weekend Australian published an article on the lack of height adjustable examination tables in general practice services. The article discussed significant issues about the impact on health access, quality and outcomes for people with disability who are unable to use fixed height examination beds.

Sheila King, PWD Director and Women with Disabilities Australia (WWDA) management committee member was interviewed for the article about her survey findings into this issue, which showed that out of 3,553 medical centres nationally, there were only 719 adjustable beds compared to 14,008 fixed-height beds. Sheila also quoted some of the personal stories of people with disability receiving no care, paying more for care or receiving dangerous and humiliating care when there was no height adjustable examination bed available.

PWD member, Denise Beckwith, shared her personal experience of paying more and waiting longer to see a specialist in order to have a regular preventative health check-up. Denise needed to do this because the specialist has a height adjustable examination bed whereas her GP does not.

PWD President, Heidi Forrest, pointed out that the issue of height adjustable examination beds is not just an issue for people with permanent disability. She highlighted that it was an issue for older people, frail aged people and those with temporary disability, and that a lack of preventative health care leads to longer term health problems and costs to the whole community.

PWD and WWDA have been working collaboratively, and on behalf of a number of advocacy organisations to progress improvements in the availability of adjustable couches and at providing general practices with more information on the importance of this equipment. For more information contact Therese Sands at PWD.

The article, 'Disabled find GP services out of reach' is available at www.theaustralian.news.com.au/story/0,20867,19640241-23289,00.html.

++Australia’s mental health 2006

A report released by The Australian Institute of Health and Welfare titled Australia’s Health 2006 states that mental illness is the third leading cause of illness and disability in Australia.

The report estimates that one in five Australians experience mental illness in their lifetime and that in 2003 mental illness constituted 12.8 per-cent of total illness within Australia.

The report estimates that in 2003 psychiatric disability affected 5.2 percent of the Australian population, or approximately 1 million people. According to the report almost half of those people with psychiatric disability had severe or profound core activity limitation requiring support with self-care, mobility or communication.

The full report is available at: www.aihw.gov.au/publications/index.cfm/title/10321.

++Australian Network for Universal Housing Design: An update

PWD continues to support the work of the Australian Network for Universal Housing Design (ANUHD).

Last year members of the Network participated in the National Speakers Series, A community for all ages – Building the future. The series was aimed at architects, planners, builders, urban designers, and anyone interested in the need to design the built environment to sustain health and well-being. The series was an initiative of the then Minister For Ageing, The Hon. Julie Bishop. There were forums held in every state and territory.

Recently PWD was invited to attend the launch of the findings and recommendations. This event received national media attention and was attended to by the current Minister for Ageing the Hon. Santo Santoro.

PWD was pleased to note that many of the recommendations closely follow the aims and aspirations of ANUHD. For example:

  • Recommendation 2 is to develop industry and local government specific training material to increase awareness of and expertise in adaptable housing and age-friendly built environments.
  • Recommendation 3 is to encourage professional bodies to incorporate universal design principles training into undergraduate and continuous professional development programs.
  • Recommendation 5 is to develop, market and promote adaptable housing for consumer groups.

PWD is writing to the minister congratulating him on the initiative and offering to work with the department to further develop these initiatives.

Further details of the National Speaker Series are available at: www.health.gov.au/internet/wcms/publishing.nsf/Content/ageing-agefriendlybuilt-report.htm or contact Digby Hughes at PWD.

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International news

++Biwako Millennium Framework and UNESCAP meetings

The Biwako Millennium Framework and United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) meetings are taking place in Bangkok, 17 - 21 July 2006.

PWD President, Heidi Forrest and CEO, Alastair McEwin are attending these meetings.

++Eighth session of the Ad Hoc Committee meeting on the Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities

The Eighth session of the Ad Hoc Committee meeting on the Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be meeting in New York from 14 - 25 August 2006, to debate issues in the draft text of the convention.

The issues which will be discussed are the definition of disability, health, equal representation before the law, protection of the integrity of the individual and international monitoring.

PWD President, Heidi Forrest and CEO, Alastair McEwin will be representing PWD at this meeting.

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The inside story

++PWD's 25th Celebration - a night for members to remember

PWD’s 25th celebration at the Mercure Hotel in Sydney was a resounding success, attended by about 80 members and guests.

Members were introduced to PWD’s new CEO, Alastair McEwin, who addressed the gathering.

As well as enjoying the opportunity to catch up and reflect on PWD’s achievements over the years, members enjoyed a memorable slide show prepared by PWD Secretary, Robert Farley. The show featured key events, people and significant moments during the past 25 years.

Thanks to the members, staff and friends of PWD who worked to make the evening a success.

++Expert seminar on the Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities

On 14 July, PWD in conjunction with the NSW Disability Discrimination Legal Centre (DDLC) and the Disability Studies and Research Institute (DSaRI) hosted a seminar of experts to discuss the proposed mechanisms for the monitoring of the Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities.

The seminar was held in preparation for the Eighth Session of the Convention Ad Hoc Committee which will be meeting in New York, 14 - 25 August 2006. The seminar was held at Blake Dawson Waldron in Sydney, the seminar was attended by representatives of Human Rights and Equal Opportunity Commission (HREOC), the Attorney-General’s Department, Department of Families,Community Services and Indigenous Affairs (FACSIA), community legal centres and other respected stakeholders. The discussion was stimulating, informative and challenging.

++PWD members' consultation on the Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities

On 3 August 2006, PWD will be holding a consultation for members and a group of stakeholders to discuss issues scheduled for further debate at the forthcoming Eighth Session of the Ad Hoc Committee in New York 14 - 25 August 2006.

These issues concern: the definition of disability, health, equal treatment before the law, protecting the integrity of the person and international monitoring.

The consultation will be held from 10am to 4pm at Gilbert + Tobin in Sydney. A phone-in will be held on the day before for those who are unable to attend the consultation in person.

++ Networking for better services for PLWHA

PWD has been involved in a number of projects concerned with how people living with HIV/AIDS (PLWHA) access Home and Community Care (HACC) programs. The current project is aiming to increase the capacity and effectiveness of HACC services to support HACC eligible PLWHA in NSW. The project takes advantage of the NSW Government's Human Services Net, www.hsnet.nsw.gov.au, which brings together government and non-government organisations who work within human services.

The HACC/HIV Network is up and running on HSNet. It includes information about HIV appropriate to HACC settings of service provision. As well as general information and space for discussion, the network also includes valuable stories from HACC workers who relate their experiences of good practice when delivering services to PLWHA. This site has been put together by PWD with the help of a reference group involving people from the HACC and HIV sectors.

PWD has been invited to many HACC forums around Sydney, including state wide forums, and also in the Northern Rivers area of NSW. PWD has also visited individual services to widen the participation in the HACC/HIV Network.

For more information please contact Dean Price at PWD.

++Sexual Assault in Disability and Aged Care Action Strategy project

The Sexual Assault in Disability and Aged Care Action Strategy (SADA) project, will develop resources and training packages that prevent and respond to sexual assault within aged and disability residential care settings. It is one of 27 community-based projects funded through the Domestic and Family Violence and Sexual Assault Initiative of the Department of Families,Community Services and Indigenous Affairs (FACSIA) Office for Women.

The SADA project was initiated by the Northern Sydney Sexual Assault Service in 2005, following the publication of Myalla: Responding to people with intellectual disabilities who have been sexually assaulted by the service in 2002 . After becoming aware of this book, many services and clients contacted the service about the sexual assault of these vulnerable people, the difficulties they had ensuring these people’s safety, and prosecuting these matters. A concerning finding was the number of older women in nursing homes and aged care facilities who had been sexually assaulted, but for whom no action was taken.

PWD manages the grant project. The first round of consultations was recently completed with Agency key stakeholders from Department of Ageing and Disability and Home Care (DADHC), Department of Health and Ageing, the PWD Board, Aged Care Accreditation, Aged and Community Services Australia, the NSW Ombudsman, the Guardianship Tribunal, Victims of Crime Tribunal, and the Aged Care Association Australia. The basis of this consultation was to gauge the level of understanding of the issues of sexual assault in residential settings within the aged care and disability sectors, and the ability of the sector to effectively prevent and manage such incidents.

The second stage of the SADA project will involve structured consultation with service providers and direct care staff in the aged care and disability sectors throughout NSW. The consultations will provide an opportunity for stakeholders to share their experiences of dealing with sexual assault in residential settings and also to obtain views on the type and form of tools and resources so that they are useful and practical for frontline staff.

For further information, contact Stefanie Williams, Deputy Director, Consumer Protection Programs.

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Publications and resources

++Freedom Scientific and Quantum Technology 2007 JAWS scholarship

Australian and New Zealand citizens who are blind or vision impaired and are planning to enter tertiary study in 2007 are eligible to apply for a Freedom Scientific and Quantum Technology 2007 JAWS scholarship. Successful applicants will receive a free copy of JAWS Professional screen reading program.

Freedom Scientific and Quantum Technology will provide eight scholarships. Applicants are required to write about why they need a Freedom Scholarship and how it will assist their studies in 500 words or less.

Closing date for applications is 29 September 2006.

For further information, contact your local Quantum Technology office:

Head office (02) 8844 9888; email: lkumutat@quantumtechnology.com.au
Southern office (03) 9545 4100; email: vic@quantumtechnology.com.au
Queensland office (07) 3393 5776; email: qld@quntumtechnology.com.au

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Conferences and events

++14-16 August 2006

Association of Children’s Welfare Agencies (ACWA) conference incorporating the 7th International Looking After Children Conference, Sydney Convention & Exhibition Centre, Darling Harbour, Sydney. Email: info@acwa06.com

++15-17 November 2006

The right to health care: Evidence, ethics and health in people with developmental disability. Sydney Masonic Centre Conference Centre, 66 Goulburn Street Sydney. Centre for Developmental Disability Studies (CDDS) and Australian Association of Developmental Disability Medicine. For further information or to place your name on a mailing list to receive the conference registration brochure, please email: Tony Harman at tonyharman@med.usyd.edu.au

++16-17 November 2006

6th Annual Australasian Society for the Study of Intellectual Disability (ASSID) Conference for Disability Support Workers, University of Melbourne. Email: dswconference@rmit.edu.au

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++About PWD

People with Disability Australia Incorporated (PWD) is a national disability rights and advocacy organisation. Its primary membership is people with disability and organisations primarily made up of people with disability. PWD also has a large associate membership of other individuals and organisations committed to the disability rights movement. PWD was founded in 1981, the International Year of Disabled People, to provide people with disability with a voice of our own. We have a cross-disability focus; we represent the interests of people with all kinds of disability. PWD is a non-profit, non-government organisation.

For information about membership of PWD, contact Allyson Campbell at PWD.
or on one of numbers below.

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++Privacy statement

We are committed to protecting your privacy. In doing so, we commit ourselves to conforming to the Privacy Amendment (Private Sector) Bill 2000, which came into effect in December 2001 and the National Privacy Principles issued by the Australian Privacy Commissioner.

This newsletter is distributed by email. You have provided us with an email address. This email address will be used only for the purpose for which you have provided it and you will not be added to any other mailing lists unless you specifically request that this be done.

Your email address will not be disclosed without your consent. You can have your email address removed from the mailing list for this newsletter by sending an email to Allyson Campbell at PWD.

This newsletter contains links to websites. We cannot be held responsible for the privacy practices (or lack thereof) or the content of such websites.

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If you would like to receive PWD E-Bulletin in an alternative format or have an enquiry, contact Allyson Campbell at PWD.
Or by one of the means below.

People with Disability Australia Incorporated
PO Box 666 Strawberry Hills NSW 2012
Phone 02 9370 3100, toll-free 1800 422 015
TTY 02 9318 2138, toll-free 1800 422 016

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