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Access: The Family Carers case – here we go again!

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  • Angela Hart,

    Here's a thoughtful related piece Merryn Gott (end of life care expert at Auckland Uni school of nursing) has written for Newsroom, focussed on palliative care. Although her interest is end of life, many of her findings are equally applicable to family carers for people with complex disability or health needs. The link at the end is also worth reading.
    https://www.newsroom.co.nz/@future-learning/2018/02/19/89752/family-carers-under-pressure-and-in-the-shadows

    Christchurch • Since Apr 2014 • 614 posts Report

  • Sacha,

    Some surprise progress.

    Prior to 2012 the Ministry of Health had a long-standing policy or practice of preventing resident family members of people with disabilities from being paid for care work. But recent court rulings say that law was discriminatory and relatives should have been paid.

    The lawyer Simon Judd who represented the group, known as the King claimants, said the Ministry of Health had now accepted those findings apply to his clients. That meant the trial, which was set down for three months, was now expected to take six weeks and would focus on remedies.

    Ak • Since May 2008 • 19745 posts Report

  • Rosemary McDonald, in reply to Sacha,

    Believe it or not Sacha, that bit of news had passed us by. Somehow.

    However.....

    Stop press!!!

    This case has been settled out of court.

    This is good news for most of us as hanging around in court for weeks was going to be very difficult.

    OTOH, yours truly was looking forward to listening to the arguments from the Ministry. Again.

    Something new, perhaps?

    Anyway, even if we were drinkers we would not be celebrating just yet.

    That treacherous knife in our backs that is the Part 4 amendment to the Public Health and Disability Act has to be repealed, and

    .... all family members who are carers are paid on the same basis as are other carers, and that family members who are carers be entitled to make complaints of unlawful discrimination with respect to the State party’s family care policy.

    Like what the UN Monitoring Committee said.

    Waikato, or on the road • Since Apr 2014 • 1346 posts Report

  • Sacha, in reply to Rosemary McDonald,

    This case has been settled out of court

    So it does not set any legal precedent?

    Ak • Since May 2008 • 19745 posts Report

  • Rosemary McDonald, in reply to Sacha,

    I have no idea.

    I guess there will be some official public announcement any time soon, though how much detail I don't know. Confidentiality and all that. ;-)

    Waikato, or on the road • Since Apr 2014 • 1346 posts Report

  • Sacha, in reply to Rosemary McDonald,

    Confidentiality and all that.

    Priceless.

    Ak • Since May 2008 • 19745 posts Report

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