Christopoulos, Andrew --- "President's page: Responding to disability, culture and need" [2020] PrecedentAULA 13; (2020) 157 Precedent 3

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RESPONDING TO DISABILITY, CULTURE AND NEED

By Andrew Christopoulos

Last year, the difficult lives of so many people, young and old, with disability were recognised with the establishment of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. A careful and deliberate interrogation of their experiences of violence, abuse and neglect in all societal contexts – schools, homes, institutions, hospitals, out-of-home care, the justice system and the disability support system – is long overdue. The Royal Commission provides an important opportunity for people with disability to tell their stories, and recognises that their specific experiences:

‘are multi-layered and influenced by experience associated with their age, sex, gender, gender identity, sexual orientation, intersex status, ethnic origin or race, including the particular situation of Aboriginal and Torres Strait Islander people and culturally and linguistically diverse people with disability’.

Around the time of the Royal Commission’s establishment last year, the ALA was finalising our current reconciliation action plan (RAP), which was endorsed by Reconciliation Australia in October. The RAP acknowledges the disempowerment and marginalisation of First Nations peoples who have experienced dislocation, dispossession from land and water management, disruption of families, the destruction of culture, and the undermining of family units that have been broken apart by the discriminatory application of law.

As the work of the Royal Commission continues, I am disturbed by the disproportionate rates of disability among First Nations peoples.

First Nations peoples have substantially higher rates of disability than the general population. According to data from the 2014–15 National Aboriginal and Torres Strait Islander Social Survey, 45 per cent of First Nations peoples reported living with a disability or long-term health condition and 7.7 per cent reported having severe and profound disability. This is 2.1 times the rate for non-Aboriginal and Torres Strait Islander Australians.

First Nations peoples of all ages are also almost twice as likely to need assistance with core daily activities, such as dressing and feeding. This is a statistic that is unacceptable in the 21st century, in a place that is known as ‘the lucky country’.

Determining cause or reason requires a closer understanding of culture. This is critically important, as the very concept of disability is foreign in many First Nations communities:

‘There is no equivalent word for disability in many Aboriginal and Torres Strait Islander languages ... consequently, some Aboriginal and Torres Strait Islander communities may not have a general concept of disability, resulting in underreporting of disability and underutilisation of disability services.’ [Australian Human Rights Commission’s Social Justice and Native Title Report 2015, 109.]

Researchers report that First Nations peoples with disability are mostly cared for within their extended families rather than by professional service providers, a story consistent across remote, rural and urban areas of the country. In these circumstances, solutions require cultural sensitivity and understanding.

It remains to be seen what impact the Royal Commission will have on disability reporting statistics and the demand for disability services within these communities.

The most pressing question is how to address the imbalance and disproportionality in the disability sector. Many may point to the NDIS and the provision of funding as a means of redressing the imbalance, saying ‘job done’. That would be folly. While it is appropriate to acknowledge the support provided by the NDIS, there is a risk that government will take a one-size-fits-all approach to disability and neglect the clear challenges that arise from the interplay between culture and need in these communities. It is imperative that the disability sector develop a greater awareness and understanding not only of culture but of how culture contributes to the function of need. It will be cultural recognition that will lead to the best solutions and, in time, the development of an inclusive society which supports all. In the words of Elvis Costello:

‘What's so funny about peace, love and understanding ...’

I commend the ALA RAP to each and every ALA member. It is not a tome of collective motherhood statements but a comprehensive roadmap, promoting cultural understanding and appreciation and guiding us in our responses to the challenges facing First Nations peoples.

Andrew Christopoulos is an accredited personal injury law specialist and Principal of AC Lawyers: Sydney, NSW South Coast and the ACT. PHONE [phone] EMAIL [e-mail].