This part of our website is to give the same information to you that was given to recent inquirers to our information service, SCInfo.
When interesting or regular questions are asked, you'll get to know the answers too.
Remember, any time you want to know what, where, how or why, ask SCInfo.
Information on this page and hyperlinked web references are correct at the time of writing but may change. Please let us know of any out of date information.
A: There are four things you need to be insured for:
Third party personal injury
Public liability
Damage and loss
Travel
In NSW most wheelchairs and scooters are automatically covered for third party personal injury they cause on a “road or road related area” if the user is at fault. In the Motor Accidents Act 1988 and the Road Transport (Vehicle Registration) Act 1997, road or road related area includes:
The protection is under the Nominal Defendant Scheme which is administered by Motor Accident Authority (MAA). The Nominal Defendant would pay compensation to the injured person and would not seek to recover that payment from the at fault driver of the chair if it was exempt from registration. That is if the wheelchair cannot travel at more than 10 km/h. Previously it was also limited to chairs that weigh less than 110 kg.
Similar schemes operate in other states.
But what about something that happens in other places?
Then you need to think about liability cover for injury and property damage. That is generally part of a home contents insurance policy. However not all insurers offer this extended cover.
Ask your insurer the following questions. If you don't like what you hear, shop around.
That type of cover is sometimes only available if you insure your chair as an item taken outside your home, in the same way you might insure jewellery or a camera.
The home contents insurance also covers the value of the chair if it is lost, damaged or stolen.
When you travel any damage that happens to the chair in transit while your chair is 'luggage' will be the responsibility of the airline. However you should add it to the list of specified items as like you do for other possessions over a certain value as required by the travel insurance company.
Q: I’ve got a legal problem, but I can’t afford a lawyer. Is there anyone I can contact?
A: There are many places where you can get free legal advice. Some of these services may also be able to represent you depending on your income and assets, the type of legal problem you have and your chances of success in resolving your problem through the law.
LawAccess NSW is a government service that provides free legal advice and information and referrals to people in NSW over the phone, and is often a good place to start. LawAccess cannot act for you in your matter but can tell you whether it is a problem the law can help with, give you general legal advice and tell you who may be able to assist you. You can contact LawAccess NSW on 1300 888 529.
Legal Aid will provide legal advice to anyone in most areas of law. You should contact your nearest Legal Aid office and make an appointment to see a lawyer or, if you are not sure which is your nearest Legal Aid office, call LawAccess NSW to find out. You should be aware that advice is usually limited to about 20 minutes.
You must complete an Application for Legal Aid form see www.legalaid.nsw.gov.au if you want Legal Aid to represent you in your legal matter or to pay for your own solicitor to represent you.
To decide whether or not it can act for you, Legal Aid will look at whether your case falls within the guidelines for the type of matter it can act in, your financial position, the prospects of success in your case, how much money you might win if you are successful, whether your case will assist others in the community and whether you have any special disadvantage that might make it harder for you to represent yourself (including a physical disability).
Often Legal Aid will require you to pay a contribution towards your legal costs. This will depend on your financial situation, whether or not you get compensation and the area of law.
Most community legal centres can provide free legal advice. Occasionally they may also be able to represent you. However they have limited resources and can only act in a limited number of matters. A community legal centre may also give you referrals to other organisations. You can call LawAccess NSW to find the centre closest to you.
The Law Society’s Community Referral Service Pro Bono Scheme coordinates referrals of clients to law firms willing to provide legal assistance without charge or for a reduced fee. The scheme has a criterion by which it determines the matters it refers to law firms. In order to qualify:
You can contact the Law Society Pro Bono Scheme on 02 9926 0364 or email probonoscheme@lawsocnsw.asn.au.
Some law firms have pro bono schemes and may be able to act for you without charge. Some large law firms which have pro bono schemes include Allens Arthur Robinson, Blake Dawson Waldron, Clayton Utz, DLA Phillips Fox, Freehills, Gilbert + Tobin, and Mallesons Stephen Jaques.
Usually the firms can only assist you if you have been refused Legal Aid and cannot get assistance through a community legal centre.
Different law firms have different criteria by which they assess whether they will take on a pro bono client. A law firm will not be able to take your matter on if it has a conflict of interest or if your case is in an area outside their expertise.
The best way to be referred to a law firm pro bono scheme is through Legal Aid, a community legal centre, or the Law Society Pro Bono Scheme.
Q: I am planning an around Australia trip. Is my local mobility parking authority (MPA) recognised in all Australian States and Territories? Also, how would I organise an MPA for other countries if I was planning to travel overseas?
A: The brochure Disabled Persons Parking Schemes in Australia is available from VicRoads. It contains information on the MPAs for each Australian State and Territory and where they can be used. It also contains the relevant information for interstate and overseas visitors.
A permit issued in one State or Territory may be used in all States, subject to local regulations being followed in each jurisdiction.
However you must make sure your permit will not expire when travelling and display it on the windscreen.
The information contained in the brochure provides only a summary of the disability parking concessions available. Therefore it is essential that you check with the relevant authorities mentioned to avoid any breaches of parking laws. Some State capital cities offer special parking permits to people with disabilities who work in the central business district or in their municipality.
MPAs for people travelling overseas
SCInfo does not have the resources to obtain the information on MPAs for every country and their states and regions. People with disabilities who are planning to use a motor vehicle are advised to seek a letter of authority, in both English and the language of the country, from the Embassies in Australia of each country you are planning to visit. The letter would be displayed alongside your current Australian MPA in the windscreen.
However, SCInfo has been informed that it has become increasingly difficult to obtain these letters from the Embassies. Some have been reluctant and have required some persuasion; some have totally refused.
Q. I'm planning to take a domestic flight within Australia. A friend has told me the cables will need to be disconnected from the battery terminals of my electric wheelchair before it is taken on to the aircraft. Why is this required and who is responsible for the disconnection, and who'll pit them back when I get to my destination?
A. The disconnection of the cables from the battery terminals is required by the airlines as a safety precaution to prevent any short circuit in transit, which could cause a fire. Another reason is they fear that the chair might be started accidentally also causing a fire hazard.
However the various airlines have different policies and procedures depending on the type of batteries eg sealed gel batteries, lead acid batteries etc. It would be better to be proactive and inform the airline of the type of batteries your wheelchair has and ask what is required to be done and who is to do it. Some airlines will only assist with direct instructions from the wheelchair owner or his or her acquaintance―so the onus is on you to understand how to access the batteries to disconnect and reconnect the cables.
Virgin Blue provides comprehensive information on its procedures for wheelchair and scooter batteries. See www.virginblue.com.au/info/mobility_airport.php
Although Qantas provides travel information for passengers with a disability at www.qantas.com.au/info/flying/beforeYouTravel/specialNeeds/mobilityAssistance it only offers a simple explanation that the batteries may need to be disconnected. Further information on procedures for wheelchair and scooter batteries can be obtained by calling Qantas on 131 313.
Q: I've been offered a place in a clinical trial of a possible improvement of my level of function after SCI. How can I judge whether to go into it?
A: You need to be properly informed about the possible risks and potential benefits of the trial.
A checklist has been developed with the support of the International Campaign for Cures for spinal cord injury Paralysis (ICCP; www.campaignforcure.org as part of an ongoing initiative to ensure people are well informed about the risks and potential consequences of any new treatment.
The checklist has questions that potential participants should ask before agreeing to go into experimental treatments, and gives answers that should be given by the team conducting the trial. The questions include areas relating to safety, possible benefits; preclinical evidence; the clinical trial protocol; participation in other trials; payments and costs; and independent assessment of the treatment and investigator.
Click here to download the document.
Q: I want to take a trip from Sydney as far north as Noosa on Queensland’s Sunshine Coast and can only travel up to 300 km before needing to stop and spend the night. Can you provide me with a list of accessible accommodation at various points along the way, say around Forster, Coffs Harbour, Byron Bay, the Gold Coast and finally the Sunshine Coast?
A: Yes, we can provide a list of accessible accommodation according to various criteria including whether you require accommodation which is: in the central business district or within a certain radius of a state or territory capital; in or near a specific town; and self-contained, hotel/motel or youth hostel-style accommodation. We always recommend that you contact the accommodation prior to booking and speak to someone who knows the features of the accessible accommodation and other facilities such as the reception area, restaurant, parking etc so that you can be sure your needs will be met.
We can provide the information in whatever form you need—email, fax, in the mail.
Q: My relative has sustained a spinal cord injury and at the moment he is still in hospital. He won’t get any compensation for his accident. I’d like to raise funds so his home can be made accessible and to buy a car for him as his family can’t afford to do it themselves.
What is the best way to do this? Can people who contribute to my appeal use their donations as tax deductions?
A: A Tax Office ruling sets out situations where tax deductible donations can be made to people in “necessitous circumstances”. CLICK HERE to view the full document. It gives examples of such circumstances which includes the scenario of Geoff, who is 17 years old and was permanently incapacitated while playing football. It also outlines what formal requirements there are to document the charity.
SCInfo recommends that you discuss with a solicitor or accountant about what structure you need to set up to proceed with this.
Activities that might raise funds include approaching friends/family directly, and running events in the local areas where your relative is known … any sporting club he is involved with, his school, church or other community group. Also approach the local hotels to see if they will host a trivia night or other activity—a raffle, sausage sizzle etc.
Q: Are there any courses I can attend to enable me to become an Access Auditor?
A: People working as access consultants generally have occupational therapy, architecture, building or engineering qualifications; or in some cases have used their own experiences as a person with a disability. Their professional ability has been developed by further study of the relevant legislation, codes and standards, rather than by completing any specifically designed access course.
In 2005 National Competency Standards were developed to address 10 specific areas related to access requirements and including how to construct access audits, report writing etc.
The Independent Living Centre of New South Wales offers a Professional Certificate in Accessible Buildings in association with the Master Builders Association of NSW and the Building Designers Association of NSW. The training is based on three competencies from the Access Consulting section of the Property Development and Management Training Package:
See www.ilcnsw.asn.au/index.php?option=com_content&task=view&id=226&Itemid=135
Q: I have quadriplegia and haven’t exercised since being in rehab. Can you suggest where I can hire or buy exercise equipment and how I can improve my fitness?
A: For exercise equipment you can contact Exercise Australia in Sydney 1800 628 824 www.exerciseaustralia.com (search for "wheelchair") or Achievable Concepts in Melbourne 03 9370 0217 www.achievableconcepts.com.au.
If you live in Sydney there is an exercise program called Burn Rubber Burn for people with spinal cord injuries held at the Prince of Wales Hospital spinal unit gymnasium. For more information contact Simone Robinson 02 9382 5623. It is intended that the Burn Rubber Burn program will be made available in NSW through Police & Community Youth Clubs (PCYC) gyms in due course.
Take a look at www.physiotherapyexercises.com where you find instructions on how do do various strengthening and range of motion exercises. The manual is divided into sections targeted at different injury levels. They are intended to be implemented in consultation with a physiotherapist to establish the best regime for you.
Some time ago we reprinted some articles on exercise in our magazine, just contact SCInfo for a copy.
Q: I need to have my car repaired and can't afford it. Is there any subsidy for people with disabilities for this type of expense?
A: There is no direct funding for one-off expenses such as purchasing household items, car repair etc. However there are some possibilities for assistance:
Centrelink pensioners can get an advance payment of their benefit. This is recovered, interest-free, from their payments over the next 13 fortnights. An advance payment can only be paid once in any 12 month period. However, the advance can be paid in two separate instalments.
No-interest loans are available from a number of community groups and charities. The loans are generally for amounts of $600–$1000 for such items as a washing machine, fridge or medical appliance. Loans are repaid over 12–15 months. For more information and to locate a NILS program in your area go to:
Q: I can't find a wheelchair sold in Australia that's right for me. There is one sold by a company overseas that doesn't have an agent in Australia. Will I have to pay import duty and GST if I bring it in myself?
A: Products that are made solely for people with disabilities are duty and GST free.
In this particular instance, Schedule 3 of the Customs Tarriff Act 1995 lists types of products and the amount of tarriff that applies. Section 17 Chapter 87/1 R - 8713 specifies the exemption for "Carriages for disabled persons, whether or not motorised or otherwise mechanically propelled".
GST is not levied on certain medical aids and appliances. The list is in Schedule 3 of the GST Act, and includes a wide range of products, from wheelchairs to continence equipment, specialist switches to page turners. The list is found @ www.customs.gov.au/site/page.cfm?u=5350.
Spare parts are also exempt.
However generic equipment and parts are not exempt. For example, a wheelchair battery that can also be used in a golf cart; a computer or an air conditioner, even though you might need them due to your disability.
The exception to this - there always is one - is the GST exemption for a car that a person with a mobility disability uses to get to and from work. Spare parts are also GST free. But remember, your mechanic's labour charge is not GST free. And you have to have your application for the exemption approved before you buy. Click here for information on how to apply.
And don't pay for anything before you know that GST isn't being charged ... you won't get a refund.
Q: I'm a university student and am conducting a literature review on spinal cord injury and return to work. I am particularly interested in legislation on this issue. Can you provide me with any information on this topic?
A: The recent introduction of the Federal Government's Welfare to Work initiative which incorporates changes to the Disability Support Pension and Newstart Allowance is relevant to your inquiry.
You can read about the impact of the changes on the internet and in these extracts from the Winter 2005 and Autumn 2006 issues of our Accord magazine.
There is also the Disability Discrimination Act (DDA) and FAQs about the DDA and employment, both available from the Human Rights and Equal Opportunity Commission's website www.hreoc.gov.au under 'Disability rights'.
Most spinal cord injury manuals/handbooks contain a section on return to work (eg www.health.qld.gov.au/qscis/info_handbook.asp 'Chapter 4 Returning to the Community') and we have the following two articles in our library which may be of interest:
Return to work after spinal cord injury Crisp, Ross Journal of Rehabilitation January/February/March, 1990
Work, non‑work and consequent satisfaction after spinal cord injury Ville, I.; Ravaud, J‑F. International Journal of Rehabilitation Research vol. 19 no. 3, September 1996
Q: Due to my spinal cord injury I can't use a pen to make a signature. What can I do to authorise contracts and other documents?
A: The current practice at Sydney's Prince of Wales Hospital Spinal Injuries Unit for people in your position is to arrange for a a Power of Attorney to be made. The Power of Attorney document is witnessed by a solicitor and must be presented when a signed authorisation is needed.
Q: I receive the Disability Support Pension (DSP) and have been studying since 2003 at university in a four-year degree. To complete my degree I am required to do a 12 month overseas study component. Centrelink says I won't be able to keep getting the DSP. What can I do? Is there a way I can still receive the DSP while I'm away?
A: DSP recipients can only be out of Australia for 13 weeks at a time without it being stopped.
However it may be possible for you to be paid for a longer period if you are travelling to a country with which Australia has a social security agreement. But this is usually possible only for people who have, in Centrelink-speak, 'a severe disability'.
Further information is available from Centrelink Disability Services phone: 132717 or download its Are You Leaving Australia? factsheet. The factsheet outlines general rules for each of the different payment types. There may be other factors specific to individual circumstances that may affect the payment of a pension or allowance outside Australia.
The situation is different for full-time students who receive Austudy. The 13 week rule applies for a temporary absence as long as the person remains enrolled as a student (eg during holidays and semester breaks). But it can be for a longer period if the trip is for study as part of a full-time Australian course.
That anomaly has an inequitable impact on full-time students who receive the DSP and who are required to study overseas to complete their course.
Q: I live in NSW and use the Taxi Transport Subsidy Scheme (TTSS). Can I use my TTSS vouchers to get a reduced fare when I'm visiting another State?
A: The NSW TTSS has reciprocal arrangements with taxi subsidy schemes in the other States and Territories. However the TTSS vouchers can't be used there and eligible people are required to apply for the reciprocal subsidy vouchers from the NSW Ministry of Transport. The reciprocal TTSS vouchers provide the same subsidy: 50% of the metered fare, to a maximum $30 per trip.
Don't wait too long to get your application in. It can take 14 days to be processed.
People outside NSW can do likewise with their home schemes.
For further information and the interstate taxi voucher application form go to www.transport.nsw.gov.au/concess_grants/ttss.html or contact the NSW TTSS on 1800 623 724.
Q: I have quadriplegia and get the Continence Aids Assistance Scheme (CAAS) $470 per annum for my supplies. But that's doesn't cover all that I need in the year. Are there any other continence equipment programs and services I can use to supplement CAAS?
A: As you say, CAAS (funded by the Federal Government) currently provides $470 each financial year to eligible people. And that can easily run short of the year's supply.
But don't despair. A number of state and territory government equipment programs also provide continence supplies. The eligibility requirements may vary, as will the types and variety of continence equipment. The programs include:
The Pharmaceutical Benefits Scheme (PBS) provides people with spinal cord injuries with a variety of free continence products. To be eligible to receive these items people must become members of the Paraplegic and Quadriplegic Association in their State. PBS Information Line: 1800 020 613
Some continence supplies can also be obtained from pharmacies on a doctor's prescription.
Continence Aids Assistance Scheme (CAAS): Intouch www.intouchcall.com.au; 1300 366 455 (operated by the Spinal Injuries Association) has the national contract CAAS. Information about the scheme is also available on this page of the federal Department of Health and Ageing website.
For further information:
Continence Foundation of Australia
National Continence Helpline. 1800 33 00 66 for free professional advice