Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697634634943.pdf (Australia)
Submission to: Violence, abuse and neglect against people with disability in institutional and residential settings, including the gender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability By Joyce Langmaid Joyce Langmaid parent and carer to 3 children, one a severe profoundly disabled son 24 years old with multiple disabilities.
On June 1st 2014 at my son’s group home in an outburst incident two staff throw a 3 seater lounge on top of my son and held him down with it.

He required hospitalisation for a cut hand, as parents we were only told he had cut his hand hitting a clock.

The email sent to the DAAT team stated he had been held down by the couch and the assessment of the senior house manager was that he did not come to any harm as a result.
This is not the first time or the last time that my son has been physically and emotionally abused in care as a result of his disabilities.

There have been incidents throughout his life commencing with respite care provided at 4 years old.

2013 a grandmother arrives to see her grandson on a freezing Tasmania winter’s day.

She finds him locked out of his own home in a courtyard that is used as a cage.

No staff are present and she cannot get to him.


Staff are located at the rear of the property smoking and laughing.

The courtyard was a regular punishment and lockdown space, no amount of family requests or demands or reporting this to the senior practitioner ceased this restrictive practice in three years.

But as expected the provider made it clear we the family were the problem and the service decides to stop family visits and drop in and time for Nan to visit him in his own home.
This is not the first or last time the family is viewed as the problem the blame factor and vilified across the sector for wanting and seeking suitable safe care.

These events are not stand alone they coincide with water being thrown in his face, hitting holding, pushing, deprivation, punishment & reward models, all food under lock and key in the garden shed and community exclusion.

It takes its toll on his coping skills and resilience and increases the challenging behaviours and outbursts.
It takes its toll on us but we will not give up on our person.

This story is not unique, it can be told many times across this country.
One day I hope our voices of disabled people and their loved ones will have their opportunity at Violence, abuse and neglect against people with disability in institutional and residential settings, including thegender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people withdisability, and culturally and linguistically diverse people with disabilitySubmission 115 a Royal Commission to tell our stories.
For a nation to hear of the courage and determination it has taken, our pain and our failure to protect our children and our children not being able to protect themselves.

This is a story about a system that deinstitutionalised but left the profound and challenging in no man’s land because those who are supposed to listen fail to or are unable to take the necessary steps to stand up and say STOP ENOUGH on our behalf and step in with protection and care.
On June 4th 2014 the provider abusing and destroying our son’s life states our son is unmanageable, inadequately staffed and inadequately funded and gives a 90 day notice to quit the contract of support.

This is followed by eviction notices, demands for chemical restraint, and threats by staff to walk out in 36 hours, removal of the family and reduction of our rights, to return him to the family home and fail to pick him up.
The harassment threatening and bullying conduct of the CEO of this NGO continues until we find a replacement service under duress without adequate time to conduct a full service assessment process.

The new provider is expansively and excessively funded by the state government and NDIA to take up the baton of commitment to provide a safe secure home with non-restrictive approach.

They say they are here for the long haul and they have the expertise to make a difference.
On May 4th 2015 this provider withdraws from contract stating: inadequate funding, inadequate supports, not being fully informed of what was expected and that this intensive support is beyond their scope.

The “cherry picking “ system of NDIA is now fully functioning and this provider has now established itself in our region on our son’s package in the last 8 months and has now found easier more lucrative support packages.
There are far easier pickings than a severe profound traumatised and abused 24 year old man who has his family walking beside him every day wanting to keep him safe and well.

The golden goose laid its egg, it’s been stolen and our family are left holding a 90 day exit contract once more.

The toll on our family is growing.


Two years ago I was a manager in Community Services I had a career I loved and was passionate about, I resigned I could not focus on protecting my son and sustain that level of responsibility.

I take a job, but after 8 weeks with the new provider it is clear they are not coping and the house manager resigns and I resign from my job to help this become sustainable.

This provider is not sustainable because they are not committed to the delivery of the care required.
I am now unemployed and without the income I need.
My husband is a farmer and now he stops growing a key crop so that he can be available to Violence, abuse and neglect against people with disability in institutional and residential settings, including thegender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people withdisability, and culturally and linguistically diverse people with disabilitySubmission 115 support our son in home and to attend all the meetings that have become our daily grind.
We thought we had this sorted when we chose a group home 6 years ago and shared the care.

But now there is no security for our son or us, no future and our life plans are put on hold.

We are back full time caring.

I request that this enquiry considers and discusses the following: Solutions and Ideas for Discussion Accredited and quality assurance and monitoring of group homes mirroring aged care standards.
Group homes in some cases like ours become small institutions; they require external assessment visits; KPIs of care: outcomes against baseline care for people inside their supported residential homes.

A Royal Commission to investigate and let this hidden generation speak and be heard in all formats.

National standards not state by state requirements of police checks and children checks on all workers.
Families of the severe and challenging need a system for being heard and supported as vital decision makers.

A world where police do not turn families away and say “he cannot speak for himself, you can’t prove it, we can never lay charges” There must be pursuit of criminal conduct.

Minimum Level # certificates before being allowed to commence work in this sector.

Advanced certificates mandatory and experience necessary before commencing with the complex and challenging.
Pay rates that reflect the intensity and complexity of working with the highest need.

This will address the requirement for the right people who want to be there and know what they are doing and why.

Cherry Picking is addressed within the NDIA model.

Families are educated and informed of what constitutes quality care and non- restrictive practice.
So many are grateful and gratitude driven due to exhaustion and waiting lists and therefore accept whatever is offered not knowing better options should be there.
Violence, abuse and neglect against people with disability in institutional and residential settings, including thegender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people withdisability, and culturally and linguistically diverse people with disabilitySubmission 115 Families are provided with training Free or NDIA supported to ensure skills are built to increase care and knowledge of support, and the ability to advocate for their children.
A REAL RELEVANT and ACCOUNTABLE Hot Line that is set up to hear every complaint and records all abuse and ensures it is fully investigated.

The health commission does not turn families’ away saying that disability is not their area.

They are responsible for complaints about disability and should have the expertise and experience within their service to pursue and deliver the right follow up to families.
Safeguards need to be in place to stop providers walking away when they do the damage ‘Scott free’ or see a better easier person with disability.

Contracts need to be honoured and include adequate exit clauses to find a new provider.

90 days is not enough.

CTV footage is the norm in child care centres.

It should be the norm in the homes of the complex and challenging so the story is clear factual and misconduct addressed appropriately.
Providers are assessed and registered as suitable to deliver certain levels of service and licensing is reviewed and audited by external assessors.

Provision of life long providers for the complex and challenging, with a review of the need for government to sustain a small niche response service under its direction to address the clients that no one will take.

Not a mental health hospital or institution model.

Conclusion: Where are we now….


We are working through a 90 day ultimatum contract exit feeling worn and jaded, twice in 12 months we have been summarily told no one wants to care for our son.

We have spent 8 months ensuring a non-restrictive environment has been established and our son has food access, and is no longer harmed every day, we have had some staff who get “it” who have made a difference whilst they have stayed.

The level of attrition in staff when they are not adequately supported is high.
Some truly see our son as the funny loving caring person that he is aside from the frustration and trauma.

He will always be challenging there is no cure but there are ways to minimise this and communicate with him that works.
Violence, abuse and neglect against people with disability in institutional and residential settings, including thegender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people withdisability, and culturally and linguistically diverse people with disabilitySubmission 115 We live with hope and despair in equal measure.

We will not accept defeat or failure as an option.


We are his parents and it is our love and duty to care for him to pursue lifelong safe secure care for him without harm.

We hold little hope in our rural area as to who will be willing and suitable to take this journey with him and our family.

We fear the future as we do not want our other children to be eternally caught in this trap of unsustained care when we are gone.

We want this sorted for our family.


People with dementia in aged care facilities deteriorate but they do not get abandoned or evicted, and their families are not threatened.

We do not have that security.

People take their children to an accredited and quality assured child care and pick them up safe and sound at the end of the day.

We do not have that level of safety assured to our son.

Fussy and particular mothers are embraced inside schools as wanting the very best for their child and respected.
We do not have that we are vilified, used and ignored because of our son’s disabilities.

We just want what is equitable and provided to others without question.

Our son did not choose to become ill and become severely disabled.

We chose to become parents, no matter what.

He is our son and we will stand speak advocate agitate and care no matter what.
We are saying STOP the abuse and ENOUGH IS ENOUGH Violence, abuse and neglect against people with disability in institutional and residential settings, including thegender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people withdisability, and culturally and linguistically diverse people with disabilitySubmission 115