Category: Human rights

The Sin Of Spin

Clarke and Dawes last Thursday synthesised the last few weeks of my life. If you value language and truth its worth meeting Mr Lars Torders. It’s on ABC iView. http//:::iview.abc.net.au/program/clarke

As a cricket tragic I never thought I’d describe spin as a sin. It’s not in the cricket world. But in the world where I work-
Australian human rights, politics and the media, the sin of spin has reached a new high for me.

Last week the Daily Telegraph (no link provided as I do not want to encourage you to read it) ranted. Surprise surprise you might say- isn’t this a daily event. This rant, which was actually a re-run from 2011 (originality runs out everywhere eventually) was about the huge increase in the number of people receiving the Disability Support Pension.

Rational analysis, however, shows that – when taken as a proportion of the Australian population – DSP numbers have not increased in the last decade, and dropped one percentage point in the last twelve months. Of course, as our population increases, the numbers on the DSP will increase- just as the number of tax-payers, employees, voters, or for that matter Daily Telegraph readers- will increase.

The Tele – in this same re-run rant – contrasted the so-called sins of these DSP recipients against the bravery of Australian soldiers, by use of the absolutely irrelevant fact that more Australians receive the DSP than had been wounded in wars. In the process, they slurred DSP recipients, and insulted many of our soldiers, who – as a result of their service- are currently in receipt of the DSP. But to not misrepresent the figures, and to take the feelings of those people into consideration would be to spoil a “good yarn.”

The Tele then went on to talk about how these DSP recipients lived in beach-side suburbs on the far north coast of NSW, trying to suggest enjoyment of “the good life”. If you can have a good life when you have a disability, and live on less than $20000 a year. They chose to ignore the fact that these places are some of the lowest socio-economic regions of NSW. And given that 45% of Australians with disabilities live in poverty according to OECD figures, its not surprising that they would live in areas where the costs of living are less.

But my favourite in the “let’s support our point with absolutely meaningless statistics” stakes was that NSW has the biggest number of DSP recipients. Well Hullo. NSW has the biggest population.

But life wouldn’t be too bad if the sin of spin confined itself to the pages of the Tele- everyone expects it there. But I have encountered it in a number of other places, which is far more concerning.

First, the Brisbane City Council. They impose a curfew on blind people by turning off the audio traffic signals at 9:30 at night, and back on at 6:30 in the morning. They don’t turn off the visual traffic information- just the audio. So anyone in Brisbane who is blind risks their safety if they venture out two and a half hours before Cinderella’s transport does a pumpkin imitation. They say that the noise of the signals disturbs the sleep of the good burghers of Brisbane. But in truth, if the noise-limiting controls are properly maintained on the audible traffic signals, they can’t be heard more than 2 or 3 meters away. Not too many of those good burghers hunker down for the night within a spit of the traffic light pole.

Then we had the Queensland judge who decided that a Deaf woman could not serve on a jury because she sought to use an Auslan interpreter. He said that not being able to hear, she would “only” receive the evidence through lip-reading or Auslan. This wouldn’t be good enough, and any way there was a problem with having a “thirteenth person” break the sanctity of the jury room. This could some how “corrupt” the jury process. In fact, studies done both at Macquarie University in Sydney, and Gallaudet university in the US, have found that Deaf people- using lip-reading and Auslan – have a better understanding of the evidence in criminal trials than do hearing jurors. So more spin to suit the negative assumptions made about people with disabilities.

But what pushed my credulity meter way into zone red were the explanations given in Senate Estimates this week of the governments decision to make a $400.000 annual saving by having one less Commissioner at the Australian Human Rights Commission when my term ends on 4 July. Firstly it was asserted that this decision was not targeting the Disability Discrimination Commission position- even though it was known to government which position would become vacant first. Secondly, the position was not being abolished (technically correct, as this would require an amendment to the Disability Discrimination Act- although let’s start carefully monitoring all consequential amendment bills. Thirdly, the position was not being down-graded- it was going to be filled by one of the other Commissioners on a part-time basis, as well as doing their primary job.

The position is now full-time, filled by a person with lived experience of disability, and a detailed knowledge of the disability sector. In July it will become part-time, filled by a person without lived experience of disability, and who – whilst very knowledgeable in their own sector – will have little knowledge of the disability sector.

Check your dictionary of choice, and tell me that is not a down-grade. And while you’re doing that, keep one eye open for aeronautical Peppa.

All this spin, and who is disadvantaged. The four million Australians with disabilities, 45% of whom live in poverty, who are employed at a rate 30 % less than the general population, who have half the general pass rate at year 12, who disproportionately appear in the justice system as victims and offenders. Added to all of that, we experience the sin of being viewed in a negative and limiting way- we’re not even good enough to sit on a jury and judge our peers. And the spin exacerbates the sin.

So of course we don’t need a full-time Disability Discrimination Commissioner with lived experience of disability. I’ll just go back and watch more Clarke and Dawes on iView.

A day in the life

I was not surprised when I read in the Australian government budget papers this week that one Commissioner position at the Australian Human Rights Commission would be cut. The papers indicated that the measure would take effect from July this year, when one position became vacant. My term at the Commission ends on 4 July, so it is not difficult to conclude that the reference is to the position of Disability Discrimination Commissioner.

I was not surprised, but I was angry and profoundly sad. Because Australia clearly needs a full-time Disability Discrimination Commissioner, and it must be a person with a disability. We would not appoint a white person to the role of Aboriginal and Torres Strait Islander Social Justice Commissioner. Nor should we appoint a person who does not have lived experience of disability, and an understanding of the disability sector, to this position.

Some people have asked me why we need a Disability Discrimination Commissioner. The statistics speak for themselves. 37 % of complaints lodged with the Commission – more than one third – relate to disability, and this figure has been constant since the passage of the Disability Discrimination Act. 45% of us live in poverty. We experience 30 % lower employment participation than the general population. Completion of Year 12 high school is at 50% for the general population, and 25 % for people with disabilities. A higher proportion of us are in prisons. We experience a higher level of domestic violence. By any measure we are significantly disadvantaged.

Let me tell you of just one day in the life of a Disability Discrimination Commissioner. It’s yesterday, and I woke in Darwin.

iPhone ever on hand, I checked Twitter for budget reaction and other news. As I took my guide dog for a walk, and grabbed coffee and a quick breakfast, I read more news articles. I read of the young people with disabilities, including some in my family, who will continue to be disadvantaged in education, and not be able to remain in regular schools, because the extra funding for kids with disabilities in the Gonski proposals had been cut.

Tears came to my eyes at the memory of the many stories I have heard from kids with disabilities bullied in school playgrounds, and the distraught parents I regularly talk to. What could I say to the parents of kids with disabilities with whom I am meeting this Sunday on the Sunshine Coast? Suck it up – there’s no more money? Of course not – I’ll strategise with them, and try to empower them to find a way.

My first meeting was with people from the National Aboriginal Justice Centre. They told me of the high proportion of Aboriginal people with disabilities in the prison system. They talked of people in prison like Rosie and Malcolm, who had not been convicted of a crime – they had been found “unfit to plead”, and prison was regarded as an acceptable accommodation option. We talked about justice diversion, and how people with disabilities would be better off supported by disability services in their communities. Corrections budgets would also be better off, as this would be a cheaper option.

I left seeing little hope of change, but admiring the passion and commitment to carry on in their work. I was able to provide some hope by noting the on-time and in-full rollout of the National Disability Insurance Scheme in the budget.

I then met with the NT Public Service Employment Commissioner. Unlike the Federal Government, who have a welfare plan in their budget, Craig has a jobs plan. He is committed to increasing the number of people with disabilities employed in the NT public service. In the federal system it is a shameful 2.9 %, and probably similar in the Territory. But he was happy to strategise about how this might change- using plans and targets, strong senior leadership, a link through Australian Network on Disability to other committed employers, and the establishment of peer support networks. I was encouraged- he has the will to create change.

I then spoke at the lunch with which the NT Law Society celebrate law week. I told many stories of how people with disabilities cannot access the criminal justice system- stories set out in the Equal Before The Law report. My speech, and this report, are both on the Commission website at http://www.humanrights.gov.au I encouraged the Territory to follow the example of South Australia, and develop a Disability Justice Strategy.

Following some quick TV interviews where I spoke of the need for a full-time Disability Discrimination Commissioner who has a disability, I met with the Chief Minister and Minister for Disability Services. I talked to them of the need for a diversity of services in the justice system, more jobs for people with disabilities, and the benefits to be gained from the rollout of the NDIS.

I then hurried back to my hotel, to catch up on the many emails, texts and tweets. I continued the planning for the delegation of young people with disabilities being sent to the meeting of countries who have ratified the Disability Convention in New York in June. I have not talked to a more excited bunch in a long time. It is a great way to develop leadership capacity in the disability sector.

I planned for my meetings next week with representatives of government to discuss the review of the Transport Standards. There has been progress getting people with disabilities “on the bus”, but recent experiences show us we still have a long way to go. Sam – who cannot bend his leg – was recently forced to stand for most of a Perth-Brisbane flight because staff would not let him have an appropriate seat. An international airline was prepared to carry Peter but not his wheelchair. And a Darwin taxi would not pick me up because I travel with a guide dog.

I communicated with Josh who has autism, very concerned about re-assessment of his Disability Support Pension, but no real jobs plan to move him off welfare. Jess was very pleased about the rollout of the NDIS, but worried that co-payments in the medical system for her ongoing health issues would eat away at her small income. I talked with Eliza, concerned about how the sector would now have a more muted voice, because the ABC Rampup site would not be funded by the government, and the ABC could not pick up the funding. And I heard from Sharon, who shared my views about the need for a full-time Disability Discrimination Commissioner, who has a disability, and who wonders what will happen to people like her when my term ends.

I also talked with people from government, about developing a jobs plan, and supporting employers to find jobs for people with disabilities through use of targets and financial incentives. I pointed out – as I have for several years – the waste and ineffectiveness of the current system.

And I talked to large and small private employers, and tried to encourage them to find jobs for people with disabilities. I strategised with Jocelyn at one major employer about setting targets, and planning how to achieve them. I thanked John for the fact that 50 % of his workforce of 20 people are people with disabilities. And I congratulated Dominique for ensuring that her online business had an accessible website.

I did this because my job is not just about throwing rocks. It’s about working co-operatively, with government and private sectors, as well as people with disabilities, to remove the barriers constituted by those rocks. When we have an accessible path of travel, people with disabilities will fully participate in, and contribute to, our community; and the Australian community will reap the benefit of that diversity and extra strength. Without a full-time Disability Discrimination Commissioner, who has a disability, the path will be that much rockier for that much longer.

Drunk in charge of a dog

Much time in our community, and our legal system, is focussed on punishing people who travel whilst intoxicated. The majority of them drive cars, although the Australian Road Rules do make it an offense to be drunk in charge of a wheelchair. In times gone by – and perhaps as a rarity even in the present day – people have been caught drunk in charge of a horse or camel. But I wonder if anyone has been charged with being drunk in charge of a dog, particularly a guide dog.

Come back with me to New York in August of 2006. It was a warm Friday evening, and the United Nations Ad Hoc Working Group On A Comprehensive And Integral International Convention On The Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities (You’ve gotta love the UN- why use three words when you could use twenty-seven) had just agreed on the draft text of the Disability Convention.

The excitement was palpable, and as one friend put it- “I was so full of emotion that some of it leaked out and ran down my cheek.” Cheering, applause, hand-shakes, kisses and hugs were in evidence throughout the room.

It will surprise no-one that festivities moved from the somewhat staid surroundings of the UN building to a range of hotels near by. The Australian watering-hole of choice for the occasion was the Wheel-tapper inn, an irish pub on 44th street. So my guide dog Jordie and I joined the happy throng there.

Backs were slapped, rounds were bought and consumed, and the revelry continued. At one point I was called outside to do an ABC radio interview about the Convention, and when asked whether I was pleased with the result I replied that I was elated, adding an adjectival expletive which rhymes with trucking. The considerate ABC journalist, to whom I have given a number of “exclusives” since, suggested that I might wish to repeat my answer, and the first version hit whatever is the equivalent of the cutting room floor in the digital world in which we live. I have since instituted my “two drinks no interviews” policy.

I was booked on an early flight home the next day, so at about nine PM Jordie and I prudently returned to our hotel to pack. This task was completed before ten, but the beer-fuelled adrenalin was still pumping through my veins, so I – perhaps less prudently – returned to the Wheel-tapper to find the celebrations still in full swing. Thinking that I had a long plane flight during which I could sleep, and knowing we had successfully come to the end of five years of hard work, I enthusiastically re-joined the party.

My early days as a cricketer taught me that “what goes on tour stays on tour”, so I will not provide further details of Australian delegation “irish pub” activities. It is rumoured that I enthusiastically delivered a post-witching hour version of the well-known Australian ballad “The man from Ironbark” to the whole bar – complete with translations of Australian idioms – but I’m sure that this can’t be true. I’ve never been known to do that in the past! It is also rumoured that I was drinking toasts with Sambuca, but that’s never been known to happen before either!

My watch must have malfunctioned during the celebrations, because the time it showed when I decided to return to my hotel had little connection with my reality. Still, I felt fine, and was confident of a few hours sleep before my airport departure.

However, when I walked out of the irish pub smog, and into the New York night air, things did not seem quite as clear. Some how I had completely forgotten the location of the hotel in which I had been living for the two weeks of the drafting session. So I did the only thing possible- leaned down, patted my guide dog on the head, and said “Take me home Jordie.”

Three street blocks and two avenue blocks later, we walked confidently into the hotel foyer, where I promptly knelt and gave Jordie a big hug. She gave me a happy lick in response, appreciating praise for a job well done. My “drunk in charge of a dog” experience had escaped the notice of the watchful New York constabulary.

Has your guide dog ever performed a similar feat of navigation, particularly after breathing irish pub fumes for a number of hours? Please let me know.

Graeme Innes loves a party, has a taste for Sambuca, and recites Australian poetry at the drop of a hat. That explains it- someone’s cap must have fallen off during the celebrations.

This article was first published on the Hoopla.

Take The Lead

Today is International Guide Dog day. This blog contains the speech I made to launch the Guide Dogs Australia “Take The Lead” campaign.

Picture the scene. I’m walking down Sydney’s George Street towards the Wynyard ramp with my Guide Dog Arrow. It’s the way I walk to catch the train most days. It’s a busy, crowded footpath, with pedestrians going both ways, and usually not walking to the left. It’s a noisy street – buses cars and motor bikes, music from shops, people yelling to be heard above the noise. Arrow and I are both concentrating hard to find our way through.

Just at the top of the Wynyard ramp someone – I’m guessing a homeless person or a busker – is sitting on the footpath. Sitting with them is their little pet dog. The first thing I know about the dog is when it jumps up, barks, and tries to attack Arrow for being in its space. Arrow is spooked, and jumps sideways. I’m scared silly and run into a few pedestrians. Footpath chaos ensues.

After the melee is sorted out, I talk to the dog owner, and explain what has occurred. He gets it straight away, and decides to “take the lead”.

He and his little dog are still there every day, but because he is taking the lead, Arrow and I can now walk past in safety. I usually wave as I go by- I’m not sure that Arrow is prepared to be quite that friendly.

This story – which happened three or four weeks ago – encapsulates the purpose of this campaign. In my story the little dog did not bite Arrow, and I was not crossing the road when the attack occurred. But the consequences of either of those things occurring are clear.

Guide Dogs Australia has today released alarming new research from a survey of 220 Guide Dog handlers across Australia. It reveals that 3 Guide Dogs a month were attacked by a pet dog while working during the past year.

1 in 4 Guide Dogs attacked sustained injuries, with two Guide Dogs retired as a result of the trauma. Off-lead pet dogs were the cause of most attacks.

There’s no doubt Australia is a nation of dog lovers, with 4.2 million pet dogs across the country. This also means 4.2 million potential safety hazards for Guide Dogs. That’s why I’m encouraging dog owners to take the lead to help create a safe community for everyone, especially Guide Dogs and their handlers.

A common inhibitor to my independence, and to me doing my job, is other dogs distracting Arrow from her job. This can make her anxious and put me at risk. Distraction is unexpected and it happens so fast. I can’t see the other dog, so I don’t know what we are dealing with and I can become scared for myself and Arrow. This is particularly true if I’m about to cross the road.

I’ve been in my role as a Commissioner at the Australian Human Rights Commission for more than eight years. In fact, my appointment ends in July. In that time, I have had the privilege of taking the lead in advocating for same sex equality, removal of discrimination against people on the grounds of their race, the disadvantage experienced by people seeking asylum, and a fairer go for people with disabilities. Now I’m asking all Australians to take the lead so that I, and other Guide Dog handlers, and our Guide Dogs can do our jobs without distraction.

I’m proud to launch this campaign.

Things That Make You Go Hmmm

It was a hot sticky day in Sydney as I walked along the leafy suburban street with my first guide dog Jordie. I was wearing shorts and t-shirt, so put my phone and keys in the little backpack she wears – it’s usually filled with plastic bags for when I go on poop patrol.

As I walked past an outdoor cafe my phone rang.
“Hey Jordie,” I said “your phone’s ringing,” as I stopped to unzip the backpack and take the call.

I laughed out loud when I heard one of the latte sippers say to another – “oh look, that guide dog has its own mobile phone.”

Guide dogs often draw attention to the user. This can sometimes be positive – they are an excellent “chick magnet” – but sometimes the attention is not preferred. And sometimes the questions asked range from funny to bizarre.

Here are some I have experienced. I’d love to hear your stories as a build-up to International Guide Dog Day on 30 April.

1.
As I arrive (usually from a female) “Awww, isn’t he cute!”
My response, “Thanks, and the dog’s not bad looking either.”

2.
As I get off the train, from an amazed schoolboy: “Wow, how does the dog know which station to get off?” My reply “She listens to the announcements, just like I do.”

3.
Question to me “Is this the first time you have been here. How did the dog know the way?” My reply: “I let her borrow my GPS.”

4.
I walk into the supermarket, and ask for some assistance to locate the items I need. Response “But can’t the dog find them for you?”

5.
As I get into a taxi: “Does your dog bite?”
My response: “Only when she’s hungry. That reminds me, I haven’t fed her today.”

All of these stories are true. Please share your experiences with me and readers.

Graeme Innes is a man with a smart mouth, who constantly shares what amuses him with the rest of the world. Follow him on Twitter and Facebook ágraemeinnes.

Paralympic Gold Medalist And Guide Dog Fall From Train

Bart Bunty, who won paralympic gold for Australia in down-hill skiing several years ago, fell from a train with his guide dog Chevy last Friday as the result of no “next stop announcements”.

Bart, who was travelling to the Blue Mountains for the weekend, was on an inter-urban Sydney Trains train, which did not have next stop announcements. He attempted to get off the train at Leura, where the front two carriages pull up past the front of the platform. As well as no “next stop announcements”, passengers were not advised of this safety issue. Bart and Chevy fell onto the tracks.

Luckily, neither he nor his guide dog Chevy sustained serious injury, and were assisted from the tracks by the driver and guard. Bart has a twisted ankle and knee, and Chevy has a broken harness and a serious fright.

But this was a very near miss. A serious injury could have occurred as the result of no announcements on this train. These announcements are a requirement under the Disability Discrimination Act, as was demonstrated by my court action against Railcorp several years ago. And still they are not occurring on all public transport in NSW.

In my role as Australia’s Disability Discrimination Commissioner I have called on the Premier of NSW, and the NSW Minister for Transport, to ensure immediate implementation of “next stop announcements” on all NSW public transport. I have also called for passengers to be advised, through announcements, of this and similar safety concerns.

Whenever a person who is blind or has low vision is using a large public transport vehicle, such as a train, tram or bus, we need to know where we are. We also need to be advised of significant safety hazards. This can only be done through audio announcements.

There has been improvement in the announcements made on Sydney Trains since my court case. But announcements must be made all the time, not just most of the time. And they must also be made on trams and buses, where they are currently sadly lacking. These announcements do not just benefit people who are blind or have low vision – many other passengers find them very useful, and would be safer if they occurred all the time.

I have sought urgent meetings with both the Premier and the Minister for Transport. Serious injury was avoided on this occasion, but we may not be so lucky next time.

What are your experiences on public transport – buses, trains, trams? Are the announcements adequate?

Graeme Innes is Australia’s Disability Discrimination Commissioner, and he and his guide dog Arrow are regular users of public transport throughout Australia.

Captain Grumpy

Ex-Australian cricket captain Alan Border and I have something in common. No, it’s not the inate cricket ability that he had and I dream about. It’s that, sometimes, just doing your job, or living your life, as a person with a disability, can make you grumpy.

I’m sitting in an airport gate lounge, my guide dog beside me, drinking coffee, looking at twitter, and waiting for my flight to board.
“Hi, I’m Shane,” says the ground staffer as he approaches me, “We’re ready to board you now.”

I think “Why would I want to stop what I’m doing, not finish my coffee, and exchange this spacious plastic chair for a cramped airline seat ten minutes earlier than anyone else. I say “I’m happy to board with the rest of the passengers, thanks.”

“But you’re a “special” passenger,” he says. “We want to give you more time for you and your dog to settle in.”

I think “that’s code for: we want you on and out of the way before all of the others.” I say “Thank you, I don’t need any extra time.”

“But this is a legal requirement,” he says.

I think “that’s code for: I’m now going to try to bully you.”
I say “It’s actually not, and I’m very happy hear til the flight boards, thanks Shane.”

He sighs loudly, and says “Ok, all right.” and goes away.
I think: “that’s code for: what a Captain Grumpy. And I was just trying to help.”

An hour or so later-
“Sir, we’re landing in Hobart today, and there is no aerobridge. So if you just wait til last, I’ve booked the forklift to take you off the plane.”

“But it’s just my eyes that don’t work, not my legs.” I reply.

“Well, I was just trying to help,” is the unhappy response.
“And I appreciate your help, but perhaps you should have checked with me first.”

For some blind people, this decision may have been necessary, or appreciated. Just as some people with disabilities may need or want to board first. But why not ask if that’s what we want, rather than just assume. Because of the soft bigotry of low expectations.

It happens all the time-
People who use wheelchairs are regularly discussed – in their presence – as if they were luggage.
People with disabilities travelling with family members or friends are often not talked to at all- even when the question is about them. “Can he walk down the plane aisle, or will he need the chair,” said to the friend of a man using a wheelchair.

My wife has been scolded on one flight for “allowing me” to use the “wrong” (business class) toilet.

People with disabilities are often made to wait for long periods of time. Periods of time which most customers would just not tolerate.

Why do these things happen? Because many people in the community, and thus the airline industry, have a negative or limiting view of the capability of people with disabilities. And the customer service training of airline staff – and many other service industries – on disability issues is just not adequate.

I’m very happy, at any time, for someone to offer me assistance. I’m not happy, at most times, to have the decision made for me. That’s the critical difference.

We’ll go this longer way because there’s a lift- you won’t be able to use stairs; Your dog won’t be able to go on the escalators;
Just wait here and we’ll get someone to push your wheelchair;
We want to give you special treatment, so we’re taking you onto the aircraft first, and leaving you to get off last.

When people just assume that women will interrupt their career to have children, or won’t be interested in a more senior role, women rightly get annoyed.
When people do not give job applicants with non-anglo names an interview, those applicants rightly get annoyed.
But when people assume that if you have a disability you won’t be able to do something, we’re just supposed to smile and say “thank you for patronising me.”

So, if I’m being Captain Grumpy, perhaps consider your assumptions, rather than my manners.

Graeme Innes is a disability advocate and cricket tragic, and does a fair imitation of an Alan Border media interview if negative assumptions are made about him as a result of his disability.

Doing Life

Dr Katharine Mallory has worked as a General Practitioner in Kalgoorlie and Perth Western Australia for more than twenty years. Much of this time she has worked in clinics providing health services to Aboriginal people.

Dr Mallory’s story was published in the Medical Forum WA last month, and I was prompted to write to the editor with my views of the story. Dr Mallory’s story is remarkable – in the true sense of the word – because she uses a wheelchair. She said that doctoring in general practise does not involve too many restrictions.
“The examination couch I work with is modified so that I can get my wheelchair under it, and get quite close to the patient,” she said.

My letter, setting out my views on Dr Mallory’s story, is below-

Dear Editor,

Most people’s response to Dr Katharine Mallory’s story [February edition] would be “amazing”, “inspiring”, “remarkable” etc. My reaction, as a lawyer who is blind, and as Australia’s Disability Discrimination Commissioner, is “what a great story about Katharine doing life.”

Someone once asked me if I was scared, as a person who cannot see, travelling the world on my own. “Sure I am,” I replied.
“Then why do you do it,” he said.
My response: “Because the alternative – not doing it – is much scarier.”

Whatever issues we face in life – marital or family problems, a lack of confidence in public speaking, disability etc – we still have a life to lead. You play the hand of cards you have been dealt, the best way you can. So I’m pleased, but not surprised, by Katharine’s story. Because for me it’s not about what’s missing – it’s about what’s there.

The biggest barrier that people with disabilities face in Australia is the attitude barrier – the way people limit us by assuming that there are things we cannot do. Of course I cannot drive a car, and Katharine can’t reach medical supplies down from a high shelf. But it doesn’t prevent me being a lawyer, nor her being a doctor.

Medical practices should be accessible for patients with disabilities, as should all other facilities in our communities. That’s why the Australian Human Rights Commission worked with the RACGP (Royal Australian College of General Practitioners) some years ago to have adjustable height couches mandatory in General Practices. Not only do they achieve better outcomes for patients with mobility disabilities, they also mean that doctors and nurses protect their backs, so it’s a win-win.

One in five Australians has a disability. So if we want a community which includes everyone then it needs to be an accessible community. I congratulate Medical Forum WA for running this story, and Katharine for “doing life.”

Graeme Innes,
Disability Discrimination Commissioner

It was paid back: What’s the problem?

Within the confines of the law, the duty of a Board Member is always to the organisation.

When the Advocacy organisation needed a new Finance Manager, Glenda was the perfect fit. She was a well-known advocate in the disability field, and had a teenage son with a disability. She was qualified as a bookkeeper, and had three years experience with a SME. As a single mum, she was the only income earner.

The appointment worked out well. Her friendly personality fitted with the office culture, her work was efficient and accurate, and the Board were pleased with her monthly reports. The extra costs of her son’s therapy ($600 a month was mentioned at her interview) were an ongoing problem for her. As a Board supportive of our employees, we were pleased that her job gave her a method of addressing those costs.

Our auditor Tom had been with us for six years – good governance would suggest it was time for a change. We had always had a clean bill of health, but at the end of this financial year Tom raised an unusual query. On the first day of three consecutive months there had been a $600 cash withdrawal which was not accounted for. On the fifteenth day of each month- which was the day staff were paid – there had been a $600 unaccounted for cash deposit. So at the end of the month the books balanced. Tom detailed this in his auditors report, which came to the Board.

Our CEO was also puzzled. She had asked Glenda, who had no explanation.

As a member of the Audit and Finance Committee I was worried. The discrepancy had occurred three times, and it was always the same amount. I thought we might have an ongoing problem.

I asked our Treasurer to keep a lookout, and she told me that whilst it did not show in the July figures, it did in August, and had risen to $620.

Our Treasurer, who had become friends with Glenda as they worked on the financial reports, spoke to her again, explaining that we would have to investigate further, perhaps at a cost to the organisation. During that conversation, Glenda admitted that she had been “borrowing” the money. She had not been able to afford her son’s therapy when the payment was due at the end of each month, so had taken the cash, but always repaid it on pay day.

How should we, as a Board, deal with this issue?

We had lost no money. We had a committed and diligent employee, whose work was not in doubt, and whose support of the organisation, and its philosophy, was not in question. Her son needed the therapy, and as parents we empathised with her determination that he should continue to have it. In fact, had Glenda come to any one of us on the Board, we would probably have lent her the money.

But, by using the organisation’s funds in this way, even temporarily, Glenda had breached our trust.

The Australian Institute of Company Directors http://www.companydirectors.com.au have established ten Good Governance Principles. Let’s look at the ones to consider in making our decision.

Principle 4. Risk- Recognition and Management- The systems we had in place worked. The Auditor found the problem and reported it to us. The CEO did not solve the problem, but she had followed up.

Principle 6. Board Effectiveness- Having an Audit and Finance Committee meant that particular members of the Board gave the matter their continued attention.

Principle 7. Integrity and Accountability- An employee, with responsibility for financial matters, had breached the Board and the organisation’s trust in the area of money handling, not once but four times. Our fiduciary duty to the organisation required us to take some action.

Principle 9. Culture and Ethics- The Board sought to lead with a culture of openness and honesty. We also wanted to demonstrate our support for employees, particularly in the area of disability.

It was with regret that we, as Directors, putting our fiduciary duty to the organisation first, asked Glenda for her resignation. It was one of the hardest Boardroom decisions I have had to make.

What would you have done?

Graeme Innes has been a Company Director for more than thirty years, and still finds new learnings in the pain of tough decisions.

Does The CEO Fit?

As a member of a Board your challenges are many, but probably the most critical is the appointment of the CEO. http://www.governance.com.au/board-matters/fx-view-article.cfm?lo adref=2&article_id=3602510C-6E21-476A-918649DA236E8382

Glenn was more passionate about the idea than any of us- he drafted the funding submissions, attended all of the meetings with bureaucrats and politicians, and began drawing the resources together before we even had a centre. He was working full-time as a community worker, but spent many of his nights and weekends lobbying, writing letters, following up with supporters and building the membership base. When the government funding finally came through he was the obvious person to appoint as our first CEO.

It was first’s all round, as this was my first Board. As the Board’s Secretary I worked well with Glenn. Our Chair was a good leader, and respected in the field, but she didn’t have the time for much of the hands-on work.

Glenn and I learned together. I was impressed with Glenn’s entrepreneurial skills- he found a very accessible office site and negotiated excellent lease conditions, he found furniture and computer equipment at great prices, and he was brilliant at letting people know about the start of the centre. During the first three months we had double the client visits required as a Key Performance Indicator by our funders. More and more material became available, and our library was growing.

I first became concerned when our Treasurer told us at a Board meeting that she could not report, as the material was not prepared. Glenn verbally took us through the financial situation in detail, but said he had not had time to prepare the written documentation.

As a new Board member, I tried to make myself available to both members and clients, without getting too involved in the running of the centre- noses in, fingers out, being the golden rule for Directors. About six weeks later, I was approached by an unhappy member, who told me that he had made a significant donation to the centre on the 10th of June. His receipt was dated 5 July. This meant he could not claim it on his tax this year as he had intended.

I spoke to Glenn about this, encouraging him to delegate the receipting and financial record-keeping to our Admin Officer. He told me this was a good idea, but when I checked with her a month later it had not happened.

The work of the Centre was increasing, and our funders were pleased. Glenn applied for an extension of our grant at the end of twelve months, and was successful. We were able to employ an Advocacy Officer and a Librarian. The Board, and our clients, were very happy.

Six months later, our Admin Officer resigned. Glenn advised the Board that she had obtained another job at higher pay. However, one of the Board members told me two weeks later that her new job was at the same wage, and she had much further to travel. Apparently Glenn had delegated responsibility for all financial matters to her, not provided her with any training, and then accused her of being responsible when the books would not balance. We employed another Admin Officer, and I ensured that the Board approved payment for a one-day course on our finance system.

More staff trouble occurred six months after that. Both of our new staff approached the Board Chair, telling her that they were having real problems with Glenn’s micro-management, and were thinking of leaving. The next day Glenn approached our Chair to advise that he had just completed performance appraisals for both staff, and that they were not doing well. Glenn’s report seemed significantly different from what we were hearing from the clients.

The Chair and I talked to Glenn, and encouraged him to do some management training. We found an independent person to do some staff mediation, and things seemed to settle down.

The final crunch came when our main funder took me aside after a meeting we had both attended. He told me that he thought the Centre was going really well, and was therefore surprised that our funding submission for the next year had not arrived by the closing date last Friday. I asked for a seven-day extension, and went to talk with Glenn.

I discovered that – contrary to reports to the last Board meeting – work on the submission had hardly commenced. Glenn had been so busy on library and advocacy issues, as well as monitoring the book-keeping, that he had not had a chance to work on it. We worked together for the next three evenings, and lodged the submission on the last possible day.

However, during that process, I discovered more problems-
financial, client record-keeping, and much staff unhappiness. Clearly, Glenn was a great entrepreneur and community worker. But he was not a builder, or a good manager. It was with great sadness that – two weeks later, after consulting the Board – the Chair and I terminated Glenn’s employment.

This story happened thirty years ago, but I still remember the details as if it were yesterday. I learned so much from my experiences on that Board, and have been building on that knowledge ever since.

Where had we gone wrong? Had we chosen the wrong CEO, or had the role changed so that it no longer met Glenn’s skill set?

The Australian Institute of Company Directors http://www.companydirectors.com.au have established ten Good Governance Principles. Let’s look at the areas where we, as a Board, could have improved our performance.

Principle 3. Purpose and Strategy- Perhaps under this principle we could have been clearer about where the Centre was going, and the subsequent staffing and management requirements. Glenn’s role had significantly changed, from entrepreneur at the start, to builder and manager two years later. Attempts to get him to improve his skill set had been unsuccessful. He was no longer the right “fit” for the job.

Principle 4. Risk- Recognition and Management- As the Centre grew, and Glenn’s role changed, we could have put some risk management in place. Were the risks of growing the organisation listed and assessed? Did we have a plan for CEO succession?

Principle 5. Organisational Performance- With a three-fold increase in staff during two years, were we adequately monitoring the Centre’s performance? Could we have found more internal signs of Glenn’s lack of skills, and assisted him to enhance those skills?

Principle 7. Integrity and Accountability- Were we too prone to accept Glenn’s shortcomings because of the other excellent skills he brought to the organisation? Should we have done more when the earlier signs became clear?

Principle 8. Organisation Building- This is an important function of the Board, particularly in smaller organisations. Whilst Glenn was clearly a great entrepreneur, should we have foreseen his weaknesses in staff and financial management, and acted to address them?

As members of Boards we can always do better. And stories such as this can be an instructive way to avoid mistakes already made by someone else.

Let me know how you would have handled this situation?

Graeme Innes has been a Company Director for more than thirty years, but finds every Board meeting an excellent opportunity to enhance his skills.