Govt stalling tactics cost taxpayers thousands and delay justice to families

After spending many months and $70,000 of taxpayer money, the Ministry of Health has finally filed for a hearing date to appeal a High Court decision which upheld the rights of disabled people to pay family carers, the Green Party said today.

“The Ministry of Health’s delay has effectively prevented the case from being heard before December this year. Justice delayed is justice denied for the disabled people and their families affected by this case,” Green Party Spokesperson Catherine Delahunty said.

Nine families have been engaged in court action since 2009 seeking the right of disabled people to pay family members to care for them. Their case was upheld by the Human Rights Review Tribunal and the High Court. The Ministry of Health decided in April to take the case to the Court of Appeal, but has only just filed for a hearing date this week.

Under the Official Information Act, the Green Party obtained a detailed breakdown of legal costs incurred by the Ministry of Health to appeal successive court decisions upholding the rights of disabled people and their families.

It reveals that the Ministry spent $690,000 defending the original case at the Human Rights Review Tribunal, $340,000 appealing it to the High Court, and $70,000 considering the High Court decision and deciding to appeal it to the Court of Appeal.

“The total $1.2 million cost to the taxpayer could have been spent paying for tens of thousands of hours of caregiving,” said Ms Delahunty.

“It is not known how much it would cost the Ministry to take a further appeal to the Supreme Court but it is likely to be hundreds of thousands of dollars again.

“Meanwhile, families around the country continue to struggle with current arrangements. People with multiple and complex impairments either have to pay numerous contract carers to look after their needs, or their families make huge sacrifices to care for them for free.”

Ms Delahunty said that one plaintiff, Cliff Robinson, told her today that the on-going and deliberate delays, as well as decision to appeal, felt like a sustained attack on these exhausted and vulnerable families.