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Dec 4, 2019, 31 tweets

For more on that legislation, check out the Human Rights Commission website @VEOHRC

humanrightscommission.vic.gov.au/human-rights/t…

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@VEOHRC [CN sexual abuse] Eastman is now questioning Devansen about the wording of the couple sentences in Yooralla's submission that reference the Kumar case. Why "acts of a sexual nature" instead of "crimes"?

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@VEOHRC [CN sexual abuse] Devansen says Yooralla was not trying to downplay the criminal conduct. She says that's not the language in the witness statement.

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@VEOHRC [CN sexual abuse] Personal apologies were made to the survivors recently - "after the perpetrators were sentenced."

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@VEOHRC Eastman is really focusing this questioning session, not letting Devanesen avoid answering the questions directly.

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@VEOHRC At the time, no apology, advocacy support or legal advice was provided to any of the survivors. No support for survivors to apply for criminal compensation.

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One survivor got advocacy support independently, but Yooralla wasn't involved in that.

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Eastman asks why Yooralla's statement calls the harm done to a victim "alleged" - Devanesen says that was a mistake.

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The hearing is now pausing until 11:30.

We're back with more questions for Yooralla CEO Dr Sherene Devanesen from Senior Counsel Assisting Eastman.

Content warning - we're getting into the harmful effects of the abuse on another victim from the Kumar case.

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Devanesen does not know if that survivor, Ruth, got legal advice, or if anyone asked her whether she wanted to pursue compensation, as another survivor did with independent advocacy help.

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Eastman makes the point that there is an inequity when not all survivors get support for seeking compensation. Devanesen agrees in principle.

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Good to see the Commissioners very much not going easy on Yooralla. Commissioner Atkinson chiming in now on other survivors not being given support to understand their rights.

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Devanesen keeps trying to bring this back to Yooralla's intentions, the Commission isn't having any of it - refocusing on Yooralla's actual actions, which materially benefited them through their not having to pay more compensation.

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Devanesen does not know if an apology was ever made to Ruth. According to the documents she's had access to since she started as CEO of Yooralla, there is no evidence or record of one.

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Chair Sackville asks her why she herself didn't initiate an apology for Ruth. Devanesen says she didn't think of it.

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[CN sexual violence] It took EIGHT YEARS for Jacqueline to be moved to a different room from the one she was assaulted in. Devanesen says that's how long it took her to ASK to be moved. Eastman demands to know why nobody asked HER. No answer.

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[CN sexual violence] Infuriating details about one survivor being afraid to tell the man who was assaulting her to "fuck off" because swearing was against the rules of the house.

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"The Yooralla response was less than adequate"

LESS THAN ADEQUATE

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Survivors quite understandably don't trust Yooralla management. Devanesen seems to be implying that Yooralla can't support them to e.g. seek compensation without first regaining their trust. Surely there are other ways? Independent advocates?

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"Do you understand that you are in a classic conflict of interest situation?" Commissioner Atkinson asks.

Devanesen: "When you put it that way..."

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Commissioner McEwin asking if Yooralla did anything to help the survivors access independent advocacy or support. The answer is no.

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And we're back to Yooralla using the word "allege" to describe crimes in which someone has already been convicted.

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Eastman is really hammering this point home. It's quite possible she intends to go through every single paragraph in Yooralla's statement that uses the word "allege" and have Devanesen agree that it was wrong to use that word each time.

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Devanesen, on the reforms and changes being made at Yooralla: We are committed to a world where people with disability are equal citizens.

(Generally speaking, of course, equal citizens don't have to live with five people they don't choose.)

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Now Eastman is getting into the specific reviews and audits involved in Yooralla's reforms.

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Eastman is being very snarky about the idea that Yooralla has achieved anything in the vicinity of "transformational change" as it claims.

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CEO Devanesen concedes that "transformational change" may have been an overstatement.

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Eastman says nothing in Yooralla's submission suggests people with disability, particularly survivors, have actively participated in any of Yooralla's "reforms".

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Devanesen is trying to palm off responsibility for that onto the external auditors.

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For the rest of today's #DisabilityRoyalCommission tweeting, follow @gdevera

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