Case 72: Grandparents use human rights to argue for more appropriate accommodation for grandchild with brain injury living in aged care home

Photo by Gary Radler

A 40-year-old man with brain injury was living in an aged care home. An opportunity arose for him to live in a more appropriate care facility, but the offer of accommodation needed to be accepted within a 30 day period. His grandparents wrote to the Transport Accident Commission asking it to serve notice on the aged care facility but the Commission failed to do so and the time limit lapsed. They unsuccessfully appealed with the Commission. The grandparents were then assisted to communicate with the Commission about their grandchild’s rights under the Charter. Within 12 hours of receipt of this communication, the TAC accepted responsibility for the omission and recognised the need to uphold the man’s rights.

Source: Liz Curran, Submission to the Review of the Victorian Charter, 2011