Latest news with #UliCartwright
SBS Australia
12 hours ago
- Entertainment
- SBS Australia
For years, Uli could not legally share his experiences of being under state control. Now he can
When Uli Cartwright set out to work on a documentary about his life, he didn't expect it would lead him to the steps of Victoria's parliament. Cartwright lives with disability, and had spent time living under a state-governed administration order. He saw the documentary as a chance to share his broader life experience and "peel back the stigmas". "I wanted to break stereotypes and forge my own path," he says. "I accepted that if I can't do a nine-to-five job because my health won't let me, I may as well make my own job advocating and bringing awareness to disability, chronic illness and mental health." The documentary, Life is a Battlefield, is available online. However, at one point, it was taken down over concerns it breached a confidentiality law affecting those involved in guardianship or administration proceedings in Victoria. This week, Cartwright joined the Greens in seeking to change it . Cartwright lives with several disabilities, and says he sees the world differently. Credit: Otis Filley "I didn't know what the legacy, or the message, of my movie was going to be," he tells SBS News. "But it turned out to be this law." Under administration Living with several disabilities, Cartwright, 30, says he sees the world differently. "I think my experiences can be insightful, and also allow me to be more empathetic … but obviously, there's barriers to just existing because the world is very different for people with disability," he says. Cartwright was born with multiple chronic health conditions, including a lung condition, and spent the first three years of his life in hospital. He also lives with mental health issues and ADHD. This forced him to grow up quickly. "[Having] a social life and friends were difficult," he says. While I didn't really have a childhood, I was forced into having to deal with life and navigate it at a young age. Cartwright was in foster care until the age of 18 and later moved into a group home. "I was a typical young person who didn't really want to be controlled or listen to anybody, and I didn't want to have responsibility. I was just exhausted from being an adult, really," he says. "I don't think I had the right supports in place. So, people made assumptions of my capacity." While at the group home, a support worker applied to the Victorian Civil and Administrative Tribunal (VCAT) to put Cartwright on an administration order. This meant his finances were under the control of the State Trustees. Cartwright understands this was due to "inappropriate" spending. In Australia, a person may be placed under guardianship or administration orders if they require help with decision-making. As specified in an order, an appointed guardian has legal authority to make decisions or support decision-making for someone over personal and lifestyle matters, while an administrator is granted authority for financial and property matters. Advocates have reported an increase in applications for guardianship and financial administration since the introduction of the National Disability Insurance Scheme, according to a recent report from the Disability Advocacy Network Australia. In some states, concerns have been raised that guardianship is increasingly being used by service providers, particularly as a means to avoid engaging with families who are advocating for an individual's rights. Cartwright was subject to an administration order for three years. Credit: Otis Filley In Cartwright's experience, being under an administration order "strips you of your identity even more". After three years, his order was revoked. Telling his story SBS acquired and broadcast Life is a Battlefield in December 2021 to mark the International Day of People with Disability. Afterwards, it was available online via SBS' streaming service On Demand. Two weeks later, VCAT raised concerns regarding Cartwright's identification as a person previously under the control of State Trustees, which is subject to restrictions by law. SBS made the decision to temporarily remove the program from On Demand to allow the tribunal's concerns to be addressed. Under clause 37 in schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998, a person must not publish or broadcast information that identifies parties involved in guardianship and administration proceedings. In Cartwright's case, this meant he could not legally identify himself. SBS News is investigating experiences of guardianship in Australia. Have you got a story to share? Get in touch at investigations@ or securely contact Emma Brancatisano at . The only exception to this law — which is commonly referred to as a 'gag law' — is if the tribunal makes an order stating that identification can proceed because it is considered to be in the public interest. Cartwright applied to VCAT for a declaration that clause 37 did not apply in his case. A tribunal deputy president made an order allowing Uli to be identified, meaning he could tell his story. He is one of the very few Australians currently or formerly under guardianship or administration orders able to do so. 'We need to start somewhere' The publication of information about guardianship proceedings is prohibited in most Australian states and territories, excluding the ACT. The specific conditions under which publication may go ahead vary across jurisdictions. While these rules are designed to protect vulnerable people, they essentially act as a 'gag', preventing those subject to them from talking publicly about their experiences. They also, by and large, stop the media from covering them. Cartwright believes, in certain contexts, gag laws can lead to the public missing out on hearing important stories. "You can't solve and protect somebody when you haven't experienced it. And if you haven't experienced it, you need to listen to the people who are," he says. "I would argue that it's a form of institutionalisation. It's kind of like setting us aside. We're here, you want to protect us, but you don't want to listen to us." The Disability Royal Commission acknowledged that confidentiality laws impact the rights of people with disability. It also recommended that states and territories look to "repeal provisions prohibiting publication of material identifying a party to the proceedings as the default position". Cartwright sees reforming gag laws as a first step towards navigating — and reforming — the "complicated" guardianship system as a whole. If we don't change this law, we can't talk about it openly. "We need to start somewhere." A fresh push in Victoria On Wednesday, Greens MP Anasina Gray-Barberio introduced a proposed amendment to Victoria's legislation regarding the gag law, while Cartwright watched on from the chamber. "The bill basically states that this gag provision is not the default provision. I'm not interested in getting rid of it," he says. 'I do believe that there needs to be some protections in place to stop abuse and weaponisation of people's stories." Gray-Barberio told members of parliament the current restrictions set out in clause 37 are "outdated and fail to uphold fundamental human rights". "It strips away their [people with disability] dignity and autonomy, and leaves them silenced and disempowered. "By silencing individuals, this clause shields guardians, administrators, and service providers from scrutiny — a critical flaw in how this law currently stands." Cartwright believes reforming gag laws is a first step to bring about change. Credit: Otis Filley The push for reform in Victoria is backed by the Office of the Public Advocate — the state disability rights advocacy body — along with disability advocacy organisation VALID, and service providers Yooralla and Life Without Barriers. Debate on the bill has been adjourned for two weeks. A Victorian government spokesperson said in a statement the government acknowledges the rights of people with a disability to have a say in decision-making that directly impacts their lives. "We have accepted in principle the Royal Commission's recommendation to amend guardianship and administration laws by removing any 'default' confidentiality provisions," the spokesperson said. "We will continue to work with the Office of the Public Advocate and those with lived experience of disability and guardianship to ensure Victoria's laws remain effective." Tasmania leading reforms Elsewhere in Australia, reforms are slowly being considered. Changes to Tasmania's guardianship and administration gag law were introduced last year following a campaign by Advocacy Tasmania. The non-profit rights advocacy organisation started a broader push to end what it termed "abhorrent" guardianship and administration practices in 2021, including gag laws. "Tasmanians whose lives were being utterly destroyed by guardianship and administration were coming to us day in and day out, completely desperate for help," chief executive Leanne Groombridge tells SBS News. "As an organisation that defends people's rights every day, we could do nothing to help protect them — it was a David and Goliath battle, but where Goliath won every time. We knew the whole guardianship system had to change, and we knew people's stories were how you open the door to a possibility of change. "But the very system that was enabling these abuses to happen was gagging people from speaking out about what was happening to them." A Department of Justice spokesperson confirmed in a statement that restrictions prohibiting the disclosure of information relating to a represented person under the Guardianship and Administration Act 1995 were removed last September. Groombridge wants to see guardianship gag laws reformed across the country. However, in Tasmania, she says there's "so much further to go". "While people can now freely consent to telling their own story, we are still hearing far too many similar stories. People are still being denied choice and agency in their own lives, under the guise of protecting them from harm." Guardianship gag laws across Australia Tasmania and the ACT have different approaches compared with other states. SBS contacted each jurisdiction and asked whether it supported reform to its current legislation. An ACT Justice and Community Safety Directorate spokesperson confirmed there is no provision preventing the disclosure of identifying information about a person involved in such proceedings as a default position. The tribunal can make an order if the right to a public hearing is outweighed by competing interests, however. In NSW, the NT and Queensland, the publication of proceedings that identify a represented person is prohibited. Different discretions are in place for tribunals to authorise publication, while there is no guidance on this in NSW. A NSW Department of Communities and Justice spokesperson told SBS News the government "supports the overarching principle that a person to whom a guardianship or financial management order relates should be able to tell their story", but that any amendment "would need to appropriately balance privacy concerns with this objective". The spokesperson said the government "will consider" the issue in light of recommendations from a NSW Law Reform Commission review. Over the border in Queensland, a spokesperson for the Department of Justice told SBS News the state's attorney-general is continuing to work with ministers to implement recommendations from the Disability Royal Commission, and that reforming confidentiality legislation "remains under consideration". An NT Department of Corrections spokesperson said the Public Guardian and Trustee is "supportive of sensible reform that would strengthen the promotion of the rights and dignity of people with disability who want to tell their story publicly". Currently, there is no active or proposed review. Meanwhile, in South Australia, a person must not publish a report of any guardianship or administration proceedings. Its tribunal can authorise publication, but only where it does not identify the protected person. "Authorities have taken the view that this does not prevent a person from identifying themselves, or speaking publicly about their experiences within the guardianship system," a spokesperson for the state's attorney-general's department said. "Consideration is still being given to whether changes are needed to ensure that an individual's right to speak about their experiences is protected while also ensuring sufficient safeguards are in place." Cartwright is setting his sights beyond Victoria, as reforms are being considered across the country. Credit: Otis Filley In Western Australia, a person must not publish or broadcast any report that identifies or could lead to the identification of a protected person. There is no tribunal discretion under any circumstances. A Department of Justice spokesperson said the state's Law Reform Commission is currently conducting a review. 'Let us speak' Cartwright is mindful that he has won the right to speak. While he wants parliamentarians to take him seriously, his main hope is that others with disability "feel heard and seen". And, he's setting his sights on other states. "If you really want to protect us, let us speak, because we want to work with you," he says. "People with disability feel out of place and outcast. We want to educate you. We are not scary … We're just like you. "We struggle, that's it. We all struggle. Just give us a chance to educate you, please."
SBS Australia
2 days ago
- Politics
- SBS Australia
Some people with disability feel 'silenced' by this law. Now there's a fresh push for change
Members of Victoria's parliament are being urged to support proposed changes to a law that prevents some people with disability from speaking freely and publicly about their experiences. The Greens are set to introduce a bill to parliament today, alongside disability advocate Uli Cartwright, seeking to amend the 'gag law' — known as clause 37 — affecting those under guardianship or administration orders. Cartwright has long advocated for reform of this law based on his lived experience of such orders. "It's just outdated. It needs to be changed," he told SBS News. In Australia, guardianship laws vary state to state but gag laws, which restrict public comment on such arrangements, are enforced across most jurisdictions. For many Australians currently or formerly subject to guardianship, including Cartwright, this limits their ability to speak openly about their experiences. The move by the Greens seeks to change that in Victoria. The proposed amendment adds to calls of support from disability sector organisations, along with the Victorian Office of the Public Advocate — the state body responsible for advocating for the rights of people living with disability — which backed amending the legislation in 2023. "Not only are we listening to advocates in the sector, but the Office of Public Advocate has also made their position pretty clear on this exact reform," Greens MP Anasina Gray-Barberio said. "We need to be ensuring that legislation as it stands does not constrain the rights of people with a disability." What is clause 37? In Australia, a person may be placed under guardianship or administration orders if they require help with decision-making. An appointed guardian then has legal authority to make decisions or support decision-making on behalf of an individual about personal and lifestyle matters specified in an order. An administrator is someone granted authority over financial and property matters. In Victoria, the so-called gag law refers to clause 37 in schedule 1 of the Victorian Civil and Administrative Tribunal (VCAT) Act 1998, which states that, "unless the Tribunal orders otherwise", a person must not publish or broadcast information that could identify parties involved in guardianship and administration proceedings. The tribunal may make an order, "only if it considers it would be in the public interest to do so". The Greens' proposed amendment is set to be introduced to parliament in Victoria on Wednesday. Source: AAP / Con Chronis This provision can effectively stop people from talking publicly about any of their experiences of guardianship or administration orders. This can also extend to VCAT proceedings, according to a spotlight paper published by the Victorian Law Reform Commission (VLRC) in February. In a letter to Victorian MPs, the state's peak advocacy organisation for adults with intellectual disability, VALID, said the "unnecessary restriction" is applied automatically and "assumes the need to protect people with disabilities". "Their will and preference is not taken into account," the letter reads. "It contradicts human rights principles, undermines transparency and public trust and curtails free speech." Gray-Barberio said the current legislation has a "silencing impact" on those under guardianship or administration orders. "It is so important for them to be able to have choice and control when it comes to their decision-making, to publicly share their lived experience and stories related to their guardianship. I think that is within public interest," she said. "People living with disability or with chronic health [conditions] shouldn't have to ask for permission to tell their own story and lived experience." Telling Uli Cartwright's story Cartwright, 30, is an advocate who lives with disability. He came up against the gag law several years ago when a documentary about his life became subject to it. Life is a Battlefield was acquired by SBS and broadcast in December 2021 as part of the International Day of People with Disability, after which it was available online via SBS' streaming service On Demand. Two weeks after it screened, VCAT raised concerns relating to Cartwright having identified himself as someone previously under the control of the State Trustees. SBS decided to take the program down to allow legal concerns to be addressed. Uli Cartwright has been a long-standing advocate for reform. Credit: Otis Filley Cartwright applied to VCAT for a declaration that clause 37 did not apply in his case, with a tribunal deputy president making an order allowing the material to be published. This meant the documentary could go back online, and Cartwright could be legally identified. Cartwright has been advocating for reform in Victoria ever since. Most states and territories in Australia, except the ACT, ban the publication of information about guardianship proceedings in some way, according to the VLRC paper. This varies state by state, with Tasmania introducing changes last September. The Victorian private member's bill, backed by Cartwright, proposes an amendment to clause 37 of the Act, which allows a represented person, or someone authorised by them, to disclose information about their proceedings without requiring tribunal approval. "I think there is a place for it [the gag provision]," Cartwright said. "I do believe that there needs to be some protections in place to stop abuse and weaponisation of people's stories, whether that's with the media or with family members. "But the bill says the silence mechanism is not the default. It's an extra step." The Greens' Gray-Barberio said the change would ensure a "human rights approach" to legislation in the state. 'Simply the right thing to do' In a letter to Victoria's parliament on 6 August, VALID's chief executive Fionn Skiotis called on all members to support the upcoming bill. "Provisions to protect privacy and limit the disclosure of sensitive and personal information, for example by parties other than the person subject to an order, will continue to exist," Skiotis said. "In our view, supporting this change is simply the right thing to do, for any elected representative in Victoria, so that all citizens in the state can enjoy the same freedoms and rights, whether they are a person with disability or not." LISTEN TO It follows disability service providers Yooralla and Life Without Barriers supporting gag law reform in Victoria in late 2023. "Freedom for people with disability to speak with the media and share their experiences under guardianship is an important step in transparency and accountability and can contribute to safeguarding by individuals and organisations responsible for providing safe and quality support," Life Without Barriers said in a statement. Yooralla said current legislation is at odds with decision principles in the Guardianship and Administration Act 2019, which state that a person's will and preference should only be overridden to prevent serious harm. "While safety and privacy are a factor, the Act conflicts with the United Nations Convention on the Rights of People with Disability, which provides the rights of people with disability to freedom of expression and opinion and the participation in political and public life," its statement said. In April 2023, the Office of the Public Advocate (OPA) also voiced support for reform. The OPA recognised there are "valid reasons" to limit the disclosure of sensitive and personal information discussed in guardianship and administration proceedings to protect the privacy of those under orders. But it said these should ensure the person's right to tell their own story is not inadvertently limited. It called on the government to amend the legislation, saying: "Ensuring people can freely tell their own stories will increase transparency and promote public trust in this essential safeguarding system." Gray-Barberio said there has been "no progress" in reform since 2023. This is one small section which we feel is really important, that we feel the government should recognise. "The evidence is there, the calls are there from the community, from advocates, campaigners, as well as the Office of the Public Advocate. So really, it makes sense for them [the government] to come on board and support this reform," she said. The Victorian government has been contacted for comment.
