The law in Victoria Australia protects those with disabilities from harm why not the same in NSW?
Watching the news last week a man was hit by a load dropping from a crane and killing him on the wharf. It was noted that there could possibly be a criminal negligence investigation by the police...
In that case I thought to myself what is criminal negligence if a guy who is killed by a load falling off a crane -
then surely a girl with a disability being drowned in 'care' because she was unsupervisd and at risk of seizures is an act of criminal negligence? - what makes it criminal? - the fact that the person was hurt or harmed in some way not always on purpose but if safety precautions are not taken. I think dying is being hurt. Again all the vulnerable non verbal who have been abused harmed or injured by others including by workers should not that be under criminal negligence?
Interestingly the laws in Victoria Australia cover this better than NSW as it states that Criminal negligence under the Wrongs Act of 1958 as amended by the Wrongs and other Acts (Law of negligence) Act 2003 Victoria is that 'care providers must exercise reasonable care to prevent service users and others from forseeable injury. An employee can be charged with criminal negligence where there has been a considerable degree of recklessness and disregard for the consequences (s 24 Crimes Act 1958 Victoria)'
What I cannot understand with the Case of Merna Aprem dying in care is how they can say in a news article, Afford disabilities did not know she had seizures - when her mother told them to supervise merna in baths in showers because of those very seizures and was part of the reason why she put Merna in care. Obviously the worker and organization also did not prevent the forseeable injury of Merna drowning and there had been disregard for the consequences of leaving her alone unsupervised in a bath. This was complete recklessness on the part of Afford disabilities for allowing this. Why have there been no charges of criminal negligence yet they talk about a worker dying on the wharves and straightwaway want to look at a criminal negligence investigation? I have heard Afford are a multi-million dollar organization. Shame on them for their lack of protection from harm toward those who have come to them for 'care'. Desperate parents then finding their children with disabilities neglected and unprotected from harm in the place that promised care get no justice.
Similarly when a little girl died at Berrypatch childcare the organization said she died from medical reasons but the parents said there was nothing wrong with her. When however CCTV footage was looked at the little girl had been left sleeping for 3 hours yet the organization's very own policy was to check them every 10 minutes not every three hours. From the footage they saw the little toddler struggle with blankets at around 10.15am and then stop moving. If someone had checked on her in that 10 minute period there could have been an intervention that saved the poor little girl. One of the parents had called the centre at around 10am too to see if their child was ok. Berrypatch has now been charged with 10 prosecutions and the owner also has had more charges. They didnt even stick to their own policies. When the child died the parents said they were wiped by Berrypatch and did not hear from them for two years leading up to the prosecutions. Berrypatch did not even support the people whose child they had let die in their care. That would be criminal negligence not checking a sleeping child in your care knowing they might come to some harm.
Similar for Tanya, mother of Merna, she has not heard from Afford Disabilities for the past two years even though her daughter died in their 'care' due to their lack of supervision and not doing what they said they would do which was look after Merna. That would surely be criminal negligence? The NSW laws for negligence are not as strong it seems and do not even mention the 'caring' situation.
Criminal Negligence in NSW uses Section 54 of the Crimes Act 1900 maks it an offence punishable by maximum penalty of two years where a person has engaged in negligence which causes grievous bodily harm, committed an unlawful or negligent act or made an admission and that conduct caused grievous bodily harm.
The Civil Liabilties Act (2002) is applied and defined as arising when a person does not exercise what would be considered reasonable care and skill. It would be when a person breaches their common law duty of care owed to another which results in some damage or injury.
None of these laws mention the 'carer' situation leading to serious harm as clearly as Victoria's criminal negligence law. We need one like that.
Many of those in disabilities cannot make statements and indeed are non verbal anyway. Even if they do make statements the police do not treat them as credible. The vulnerable need protecting from harm with cameras since humans have failed to be honest or own up and now money is more important than the ones they care for.
I think the serious harm incidents done to those with in particular intellectual disabilities in day programmes and respite have been multiple breaches but parents can never prove them without cameras and the lack of evidence. Police dont even go near it unless someone dies like Anne Marie Smith but that again was South Australia and not NSW. We need criminal laws applied to protect our vulnerable disability children and we need camera footage to prove the neglect and harm source.
These organizations with all the money and boasting they will care for our children whether in childcare or disability care for little more than they money they get for that so called care and when push comes to shove they do not care at all. They treat the vulnerable as commodities and it is rife in a money loving society such as Australia. WE say we are better than the other countries who spurn the poor and needy but our politicians and law system says that the vulnerable are not important enough to investigate when they are harmed and when they die.
People who embezzle steal money from the banks get put in prison for 8 years or more, but when a disability girl or boy dies no one goes to prison not even the workers involved. IT is shocking and wrong and so unjust it needs to change as well as people's attitudes that if something is wrong with someone they are worth less value.
Yet all humans can be damaged at some time young or old and if you thing it could never happen to you think again. You dont ignore and throw away people who have a disability or one day that could happen to you even in old age a possible disability or stroke could occur. Do unto others.
Stuart Robert wont even give a person a wheel chair he cares so little for those with disabilities. He writes books on Jesus, yet Jesus showed compassion and love and healing to those who were crippled or sick. Stuart robert wont even allow the healing by denying families their needs for their disability child. HE is a blight on christianity and his claims of such.
Finding justice for those who have been wronged and harmed in disabilities care is extremely difficult especially here it seems in New South Wales and organizations cover up as much as they can. If we had stronger decent laws parents could get somewhere. If we had CCTV cameras there would be evidence to use in court to prosecute providers for the harm they allow to happen. Stuart Robert needs to step up and do the right thing for justice for the vulnerable instead of just pocketing the money for his job and appearing on tv encouraging people to take the vaccine now oooh more money - once again would you trust this man? Who could? Heading up Centrelink and NDIS and one of the designers of fake robo-debt hurting the poor, his focus has very little to do with care and more about the filthy maman he is making for himself.
Noted in the Childcare case of the little toddler who died, that the charges against Berrypatch were breaches of the Education and Care Services National Law and Regulations. This was including failure to adequately supervise Arianna, the little girl, or protect her from harm.
At least there were laws to break. They failed to adequately supervise Arianna, and they failed to protect her. The same happened to Merna who drowned in care at Afford. There have been no charges.
We need such laws for those in disabilities care especially intellectual disabilities where they cannot help themselves or speak up or defend themselves against attacks. Such as my son was injured and still bears the mark on his forehead from over a year ago, and the worker was never questioned by the police who just did not want to saying she was just a young girl, she would just lie, its no use.... yet they question p-platers for speeding and people on trains for not wearing a mask! No cameras no crime is the police mantra...it appears even in the death of those in disabilities. How pathetic...the police and law hunting down those who do not socially distance or youth having parties, instead of addressing real crimes done against the vulnerable and helpless by their own providers they are paying to look after them! Where is the justice in that?
Our children and family members continue to be harmed in disabilities respite care, day programs and accommodation, this needs to change and the vulnerable need to have protection from harm, for the whole of their lives into adulthood. Laws must be made and CCTV cameras made mandatory for the sakes of our dear ones. Many with disabilities have been harmed,and even died with the mantra of the providers 'we dont know what happened' being used and accepted. It must not be it should not be taken as normal. It is wrong and a great injustice against the vulnerable. We must stand up for them we must fight, together we can be stronger, and we must get the evidence to prosecute the providers who have not protected them at all in fact allowed harm and covered it up with lies. They will pay one day for what they have done against the innocent, but mandatory CCTV cameras and stronger laws will make them pay now.
All the best Anndrea x