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Case Reports: General Law Discrimination win Recently we acted for a client employed as a community worker under the Community Development Employment Program (CDEP) Scheme, a program to assist community development in Aboriginal communities. Our client was dismissed from the program in 1998 when the Aboriginal and Torres Strait Islander Commission (ATSIC) decided she was ineligible because she was on a Disability Support Pension. The dismissal caused our client stress and anxiety, resulting in health problems and increased medical expenses. Legal Aid lawyer, Atousa Khadem, filed a disability discrimination complaint with the Human Rights and Equal Opportunity Commission. Legislative change seemed essential to rectify the problem for all people with disabilities who could nevertheless learn new skills and undertake some work. Concern within Centrelink and ATSIC about the future impact on disability support pensioners who participated in the CDEP program, temporarily impeded the resolution of our client's claim and the progress of proposed legislative change. It was feared that their participation could be adversely cited at the time of pension review as an indication of their ability to work. The input of administrative lawyer Liz Biok was extremely valuable in ensuring that the legislation will not cause future problems for already disadvantaged pensioners. Liz also liaised with the Welfare Rights Legal Centre, whose lawyers concurred with her advice to ATSIC and Centrelink. The legislative change has now taken place and will benefit a wide range of Aboriginal people, enabling fuller participation in CDEP by people with disabilities. In relation to our client, ATSIC offered to settle with a lump sum payment for economic and non-economic loss, and the recovery of costs for Legal Aid. Back to full list of case reports |
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