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Dec 10 • 3 tweets • 3 min read
The #DisabilityRC Letters Patent were amended 13 September 2019, to give the Chair unprecedented & substantive power over other Commissioners, including the only 2 disabled Comm'rs, and the conduct of the inquiry. Royal Commissions before & since have NOT adopted this approach 1/
This 13 September 2019 amendment to the #DisabilityRC Letters Patent was effected by the Morrison government without appropriate explanation and in the absence of consultation with the disability representative groups. @MarkDreyfusKCMP @billshortenmp @AmandaRishworth 2/
You can read our thread here, exploring this issue and how this unprecedented enhancement of the #DisabilityRC Chair's powers may had an impact on the inquiry and resulted in the disempowerment of the 2 disabled Commissioners: 3/

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More from @AllMeansAllAus

All Means All Profile picture
Jun 25
#DisabilityRC has released the legal opinion it sought from eminent Int’l Human Rights Law Emeritus Prof @acbyrnes_andrew re Art 24 #CRPD. It concluded Aus is obliged to (1) build an inclusive general education system AND (2) abolish segregation for student with disability 1/ Article 24 of the CRPD obliges States Parties to transition
In his expert opinion for #DisabilityRC, Prof Byrnes also confirmed that the interpretation of Article 24 of the #CRPD set out in General Comment No. 4 is “the one that would be reached by the proper application of the accepted rules of treaty interpretation” (p.1). 2/
Professor Byrnes @acbyrnes_andrew specifically considered – and REJECTED - the (previous) Australian Government’s interpretation of Article 24 #CRPD & int’l law obligations (set out in its submission to #DisabilityRC) that it can continue to allow segregated special schools: 3/ “I do not agree with the central contentions that the CPRD
Read 50 tweets
All Means All Profile picture
Jun 18
Further to comments made by disabled leaders and disabled persons organisations about enhanced powers given to the Chair of the #DisabilityRC and the resulting distortion/disempowerment of other Commissioners, we add: 1/ @MarkDreyfusQCMP @SenCarolBrown
The original #DisabilityRC terms of reference were in 4 April 2019 Letters Patent & set out inquiry scope, 6 Comm'r & one to be Chair “AND We appoint you, the Honourable Ronald Sackville AO QC, to be the Chair of the Commission". Standard Letters Patent 2/ disability.royalcommission.gov.au/about/Pages/Te…
Important to note that of those 6 Commissioners appointed by the Morrison Government, only 2 were disabled - Dr Rhonda Galbally AO and Alastair McEwin AM former Disability Discrimination Commissioner - and trusted are trusted and respected disability community leaders 3/
Read 20 tweets
All Means All Profile picture
Jun 12
Hi @billshortenmp your comment on #Insiders about more funding for segregated "special" schools fails to recognise disabled people's fight towards phasing out segregation on the basis of disability. Please see DPOs #EndSegregation Position Paper: dpoa.org.au/endsegregation/ 1/
It is vital @billshortenmp as #NDIS Minister that you recognise and respect the aspirations of disabled people as expressed by their representative and advocacy organisation and in light with their rights under the UN Convention on the Rights of Persons With Disabilities. 2/
Those rights including phasing out all forms of segregation on the basis of disability - a discriminatory practice under international human rights law that this binding on the Australian Government and which should guide all government policy @billshortenmp 3/
Read 9 tweets
All Means All Profile picture
Oct 16, 2020
THREAD!

In closing Maria Scharnke provides the #DisabilityRC her key message:

“Disability is not something that should need to be accommodated for. This sounds ridiculous, but hear me out…

It should be accepted as part of the natural spectrum of human diversity.
There should be no need whatsoever to go above & beyond to ensure children with disability have access to an education. Because, there shouldn't be a system, a world, a country or department that perpetuates systematic inequities, inequalities & discrimination.

#DisabilityRC
There should be no need to have to go out of one’s way.

No matter how much effort one puts in to ensure a PWD has their right to an education being met (or to anything at all being met) this should not be seen as great achievement, or as going above & beyond.

#DisabilityRC
Read 8 tweets
All Means All Profile picture
Oct 15, 2020
Cmr Mason: "There’s been sig. work for last 10yrs on Closing the Gap. Education is always a fundamental area of change. We are in an era of evidence based practice. In your experience, what’s the likelihood of us being able to draw on consistent data across States/ Territories?"
Prof. Graham: "We don’t have the data we need to do it properly. It is my fervent hope that this #DisabilityRC can make this [access to data] happen.
Interesting observation by Prof.Graham "When I was looking at Closing the Gap I saw 'attendance' is a goal, yet it’s not one we’ve made any progress on in last 10yrs. Meanwhile 'Exclusion/Suspension' is not mentioned, nor is reducing exclusion/suspension a goal.
#DisabilityRC
Read 4 tweets
All Means All Profile picture
Oct 10, 2020
While we have great respect for Prof McCallum and his legacy and appreciate this is research paper is an ambitious task of incredibly broad scope, we are surprised by assertions made about Article 24 #CRPD #DisabilityRC @DRC_AU
Prof McCallum’s #DisabilityRC paper seeks to provide an overview of complex subject matter requiring deep knowledge of all articles of #CRPD & treaty body jurisprudence that has clarified and elaborated on their meaning in the 15 years since the 2006 adoption of the CRPD @DRC_AU
This statement on p.119 is, in our view, incorrect. It is inconsistent with General Comments No.4 & No. 6, Australian CRPD review Concluding Observations in 2013 & 2019, evidence by @UN experts at #DisabilityRC and another @DRC_AU research paper by @RosemaryKayess @therese_sands
Read 25 tweets

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