Welcome to Just Juniors

In September of 2008, my 7th daughter Samara was born 9 weeks early. 4 weeks later, she was diagnosed with Down Syndrome. My self-therapy in learning to fully embrace her diagnosis involved designing t-shirts that portrayed Down Syndrome in a positive light. It is from this that my business, designing disability awareness products, has grown.

Monday, September 26, 2011

What is discrimination anyway?

Today THE letter arrived. The one that tells us Samara isn't eligible for disability services because her parents weren't born in Australia. It says that under the Disabilities Act 2006 she is excluded as she is not a citizen or a Permanent Resident.

So I skimmed my way through 325 pages of BORING legislation. I did not find a single clause that mentions her immigration status as exempting her. So I rang Disability Services, and asked them where in the Act does it exclude her. They couldn't tell me. But they did say she isn't being discriminated against because of her disability. That all children of non-Permanent Residency or Citizenship holders are born without citizenship in this country. Therefore it is not discrimination.

I disagreed with her, but had to think about it a bit once I was off the phone to formulate why it was discrimination. These are my thoughts on the matter....(aside from my pet peeve that says that we were in the country legally, we were living here legally, paying the same taxes as everyone else, yet our daughter is not a citizen. I think that stinks no matter who you are!)

Any "normal" child born in Australia to New Zealand parents, who is not a citizen by virtue of birth can still access the following (I am limiting this to the age of 10 when citizenship becomes automatic for these children):
Free state schooling
Free kindergarten
Creche rebates
Free health checks
Free (or subsidised) healthcare
Family Tax Benefit
Large Family Supplement (where applicable)
Educational Tax Rebate.

Any "normal" child born in Australia with full citizenship can access the following:
Free state schooling
Free kindergarten
Creche rebates
Free health checks
Free (or subsidised) healthcare
Family Tax Benefit
Large Family Supplement (where applicable)
Educational Tax Rebate.

Any "disabled" child born in Australia to New Zealand parents, who is not a citizen by virtue of birth can still access the following:
Free state schooling
Free kindergarten
Creche rebates
Free health checks
Free (or subsidised) healthcare
Family Tax Benefit
Large Family Supplement (where applicable)
Educational Tax Rebate.

Any "disabled" child born in Australia with full citizenship can access the following:
Free state schooling
Free kindergarten
Creche rebates
Free health checks
Free (or subsidised) healthcare
Family Tax Benefit
Large Family Supplement (where applicable)
Educational Tax Rebate.
Disability Services (funding and therapy)
Lifeline Funding (for equipment etc to help families with disabled children - charity, but must be enrolled with Disability Services)
Carer Payment
Carer Allowance
Better Start Funding (for a set of prescribed disabilities, which Samara falls into 2 of - provides funding for therapy treatments)
Companion Card (allows one Carer to get into certain places (theme parks etc) for free)
Health Care Card (reduces prescription costs of those with high health needs)
Tax Rebate of $600 per year in addition to all other funding
There are more, but that's what I can think of off the top of my head.

Hmmmmm, I would say, looking at that, that it IS discrimination. "Normal" kids born here without Permanent Residency Visas get the same services as "normal" kids born here with full citizenship.

Disabled kids born here without Permanent Residency Visas get WAY less services than disabled kids born here with full citizenship.

I have been to both the state and federal MP's regarding this. Next I will be going to the media. If I have to, I will go as far as international law.

It is discrimination. And it is wrong!

Samara, and others like her, were born in Australia. They deserve to be treated equally. Only the disabled children are really being disadvantaged by this policy. It is time someone stood up and said NO MORE. We are in the process of getting our Visa (one we have to fight for, as Samara's disability is an automatic no, normally). Hopefully in a few months, this will all be in the past for us.

But we are not the only ones. I will not give up the fight just because it won't directly affect us any more. This is not just about our family. It is not just about Samara. It is about basic human rights that are being denied the children who need them the most.