mother, an income earner, a cook, a home keeper, a provider. It has been an unplanned and overwhelming experience for me.
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- Wendy Joseph
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1 Our Family s Story why WA needs to urgently introduce No Fault Insurance by Roger Emmerson My name is Roger Emmerson. I am a single parent and have two children. My 21 y/o daughter Kara is here with me today and I am also the primary Carer for my 18 y/o son Nic who I would like to talk about now. Unfortunately Nic was in a very serious motor vehicle accident in January As a result he suffered traumatic brain injury and spent 12 months in hospital. To this day he is still unable to talk or walk unassisted and requires 24/7 assistance with meals, toileting, showering, transportation, and all social activities. We remain incredibly grateful for the quality of care that Nic received while both at Royal Perth Hospital and Shenton Park Rehabilitation Hospital. Nic is still an outpatient at Shenton Park Hospital today and continues to receive his therapies there 5 days per week. As we currently do not have a NO FAULT INSURANCE SCHEME IN WA - Nic was deemed to be at fault by the Insurance Commission of WA which unfortunately means that Nic is not compensable despite suffering catastrophic injuries. Interestingly whilst at Royal Perth Hospital, we met another young boy who was a passenger in a car involved in a motor vehicle accident about 2 weeks after Nic s accident. Both boys have acquired brain injuries resulting from their accidents and were transferred to Ward 1 at Shenton Park on the same day. Unlike Nic - this young boy was compensable and hence he was able to leave hospital after 5 months, as his family and case manager were able to arrange 24/7 care for him along with an extensive treatment program from a range of private therapists. His family has been able to purchase all recommended equipment to assist him with his rehabilitation and he continues to make substantial progress. It is still a very difficult and demanding journey for them to take as a family as they continue their way through court hearings and rehabilitation assessments but at least they have additional support at hand. 1
2 For most of Nic s time during his 12 month stay in hospital, I would be in there by his side from 10 am to 8pm with the exception of the lunch breaks. Feeding him through his feeding peg, changing his nappies, motivating him, and taking on general nursing duties. This routine became incredibly tiring after 12 months but it is something I would do all over again if the need arise. Nic was discharged from Shenton Park Hospital In January of this year and is now living at home with myself where I take care of most of his needs on a daily basis. As a family we were opposed to the alternative options for Nic, which were to send him to either Marangaroo or an aged care facility. We considered both options to be totally inappropriate for him. Although Nic loves living at home I am currently struggling to maintain caring for him 24/7 due to his high care needs. This situation is not is not sustainable in the long term without more assistance being provided. I have not been able to return to full time employment since Nic s accident because of his high care needs and have now exhausted most of my savings. I have had to make an application to Dept of Housing for housing assistance and have been informed that Nic is on the list, as a high priority special needs client for a home suitable for someone with a disability. A home may not be available for at least 2 years. While living at home and remaining an outpatient at Shenton Park, Nic now attends occupational therapy, physiotherapy, speech therapy and education five days a week. I generally provide the daily transport to and from Shenton Park along with wheeling him from one therapy to the other. Transporting and supporting Nic at Shenton Park each day is time consuming and tiring. In addition to this I assist Nic with his home-based therapy exercise program. As Nic is not compensable, we have had to learn about available funding through the Disability Services Sector and submit ongoing funding applications to secure small amounts of funding to assist with his care. We were fortunate to receive an EACH package for Nic though I understand this funding is not secure and could be withdrawn at any time. Through the assistance of the Local Area Coordinator we have recently secured some Post School Options funding which has been very helpful. 2
3 We have also submitted three CAP applications for Intensive Family Support over the past nine months and all have been unsuccessful. Each CAP submission takes many hours of work including consulting with relevant service providers. Again because Nic s case in non-compensable, we do not have a choice about this. Nic has suffered catastrophic injuries, and has required intensive rehabilitation from the time of his accident and unfortunately will need ongoing rehabilitative therapies for many years to come. Once he ceases to be an outpatient, he is likely to receive some support from the State Head Injury Unit though we are unsure how much therapy will be available. Being ineligible for any compensation as a catastrophically injured 16-year-old young person is a sickening reality, leaving Nic and us without a lot of hope and positivity regarding his future. We certainly would not be in the same situation if we were living in a State such as Victoria, which has a NO FAULT INSURANCE scheme in place. My question is why is Western Australia lagging behind in this area when there is a huge need within the community? As we all know - accidents are not pre meditated events they are not something that people decide to have (the word ACCIDENT itself implies that it is something accidental, something unplanned). Trauma due to accidents does not just have an impact on the person with a disability - it has far more widespread consequences. It impacts on family, friends and the wider community in general. In many cases such as my own, caring for someone with a disability due to traumatic injury is a LIFE CHANGING EVENT and it is likely to require a lifelong commitment. I have very quickly found out that caring for someone with a disability needs to be a team effort. It is not something that any one should have to take on single-handed. I have also found that without substantial support, the primary Carer has to wear many hats and become a nurse, a physiotherapist, a speech therapist, an occupational therapist, a case coordinator, an accountant, a business manager and sometimes a healer, motivational speaker and psychotherapist. These are duties often thrust upon people due to the severity of the accident this is in addition to the normal roles these people would have. such as being a father, a 3
4 mother, an income earner, a cook, a home keeper, a provider. It has been an unplanned and overwhelming experience for me. During my recent 12-month stint in Hospital with Nic I met and have spoken to many other unfortunate families in the same situation as us. I have personally met families that have broken apart under the strain. I met one family that had to deal with a suicide by a close family member. I have seen young people being discharged into nursing homes because the family is unable to care for them. I have seen many, many tears shed, brought about because of the uncertainty about the future for their loved ones with an acquired disability due to an accident. I met one particular family from another country who came to Perth to look after their son who was in hospital with my son Nic. He was living and working in WA with a valid working visa and was in a serious motor vehicle accident when his car collided with a kangaroo in the north of our state. Unfortunately the family had limited resources and nowhere to stay, so I let them stay with me in my family home for a period of 4 months. I took them to Shenton Park on a daily basis. When their son was discharged from hospital, the Immigration Department would not grant the mother and brother a visa to stay in the country to care for their disabled son so the whole family had to return to their home country where they now have very limited care and therapy treatment available for them. While I appreciate that the government has acknowledged the need for change to the existing insurance system in Western Australia the longer the delay to implementing NO FAULT INSURANCE the more risk there will be that that many more people will have to go through the same hoops and hurdles that we have faced with funding applications and have a very uncertain future. There is a massive need within WA for NO FAULT INSURANCE to be introduced as soon as possible. According to some recent statistics released by NDS, I note that 10% of the Western Australian population has disabilities and a further 17% of the population provide support or are in some form of caring roll for these people. That is almost 30% of the total Western Australian Community. I was shocked to read these figures. I have to ask the question how many of those 30% of West Australians are struggling? How many of them are falling apart at the seams? How many of them are crying out for 4
5 assistance? How many of them would have been so much better off if they had NO FAULT INSURANCE to help support them in their post hospital years? I feel that having access to funding in order to provide quality care and assistance to those who desperately need it should be a basic right for everyone here in WA. I urge the West Australian Government to LEAD BY EXAMPLE and let our people know - that each and every one of us is a VALUED MEMBER OF OUR COMMUNITY. No matter what the disability, no matter who s fault the accident was. Let s tell them that we recognize there is a burning need and that we are taking care of it today. Let s tell them that we have heard their cries for help and that are we are finally introducing no fault insurance for all accident victims who choose to call Western Australia home. Roger Emmerson delivered this speech at the presentation of the National Disability Services (NDS) Pre Budget Submission to WA State Government 30/10/13. Headwest, Brain Injury Association of WA Inc. were pleased to support the NDS submission as we continue to advocate for Nic Emmerson, his family and the much needed introduction of No Fault Insurance in Western Australia. Treasurer Tim Marney said it was one of the most powerful submissions on No Fault Insurance he had ever heard and asked permission to use it as the preface to the Pre Budget Submission when handing it to the State government. 5
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