Merna - Part VIII

Make that change – Part VIII

Stand up and lift
Yourself, now
Gonna make that change come on
You know it
You know it
You know it
You know
Change
Make that change

This latest part of the Merna Aprem blog perhaps is the most important part of all. Part VIII is about CHANGE.

I have had several requests from persons wanting change to have a section on this very topic, and not surprisingly all of the requests were from carers. So I am devoting this section to voicing their concerns to help bring about much needed change.

This blog, with the grateful assistance of the many wonderful people whom have provided input into this investigation, was instrumental in bringing to the attention of the general public and the authorities the need for change.

There needs to be an urgent shift from mismanagement to management.

It surely must be a difficult concept to grapple with, for those eating fresh king prawns and oysters on a luxury cruiser washed down with exquisite cocktails, that there has been any mismanagement at all.

****** Updated 1 December 2021 ******

Tanya is, as far as I am aware, awaiting the Coroner’s report to be handed down. Hopefully, this will provide light on what went wrong, and hopefully the report will be issued promptly. Naturally, it could take several years to finish as well.

Once the Coroner’s report is handed down, based on the findings, Tanya will then be in a position to put the matter in the hands of lawyers so they can decide if she has the right for a damages case. The matter is not a straight forward one whereby it’s just a simple process of starting an action. 

At the present time, there are two versions of what happened, and one would think that the ex CEO’s version together with the incident report uploaded on the AFFORD computer system should reflect an accurate account. Let’s not forget the account provided to the media by Casey Hailes who was there at the scene of the incident on the night shortly after it occurred. Surely her version must also reflect the truth.

On the subject of “Change,” it’s worth noting that Perry Duffin, the news reporter who originally interviewed Casey Hailes on behalf of AFFORD and published the story nationwide just days after the incident, returned to the story in June of this year, but the incident’s gravity has shifted significantly since the initial Casey Hailes interview. Mr Duffin’s most recent report revealed a version that was diametrically opposed to the initial version provided by Casey Hailes. It seems evident that he recently sourced the information for his story from a source other than AFFORD, the ex-CEO and Casey Hailes.

The above description, which depicts conflicting accounts of the incident with the one I have presented, demonstrates why the Coroner’s findings are critical for any proposed litigation.

One reader has put forward that a change for the better would be to impose regular random drug and alcohol tests on the drivers of vehicles carrying passengers with disabilities. Given the vehicles used for transportation are often mini-buses and therefore difficult to control and manoeuvre compared to a normal sedan, especially if the driver is not familiar with driving these type of vehicles, there should be mandatory advanced driving courses for all drivers.

Maintaining a reasonable level of safety on the roads is easily achievable and a risk that is presented to clients on a daily basis. As we all know, accidents do happen.

****** Updated 7 December 2021 ******

Breaking news .....NDIS launches historic suit against AFFORD

News yesterday and today has caused me to change the above narration “At the present time, there are two versions of what happened”

It seems there are now 3 versions of what happened.

Readers can read the 3rd version from the link below, NDIS -v- AFFORD.

Now that litigation has commenced at the instigation of the NDIS, we will sit back and watch how due process pans out.

****** Update 10 December 2021 ******

Before returning to the blog’s current theme of “Change,” I would like to state that it is heartening to see that the NDIS has taken a stand and, by instituting legal action against AFFORD in the Federal Court for alleged violations, has effectively drawn a line in the sand.

The NDIS has been widely condemned, largely due to widespread spending abuse of NDIS funds and widespread fraud on the part of NDIS recipients.

It was not the fault of the NDIS that so many individuals and corporations engaged in this behaviour.

I’m confident that the NDIS Quality and Safeguards Commission’s recent action will help rebuild trust in the disability sector and restore safety to an acceptable level.  

They have a job to do, and their actions thus far should be commended.

Without a doubt, the NDIS’s legal action against AFFORD is a massive statement that enough is enough.

Bravo, NDIS!

                                                                ****** Updated 22 March 2023 ******

                                                         21/03/23   Sydney Morning Herald – Perry Duffin (Crime Reporter)

“[The commission] will protect people with disabilities – they matter, they are not just a number or a chequebook for these organisations to build their businesses.”

******Updated 14 February 2024******

Finally after 4 years, Afford’s insurance company has settled Tanya’s damages claim.

This will be the concluding chapter of the Merna Aprem blog. Regular updates will commence now the legal matter has settled.

The theme chosen centres on “change”. Hopefully, many other changes were implemented at AFFORD, besides the changing of key personnel. 

 

******Updated 27 March 2024******

In addition, I will discuss the process of change with Tanya, beginning prior to the occurrence of this heinous incident and continuing right through the litigation and settlement phases.

For the advantage of the reader, I will also discuss the space occupied by lawyers, doctors, insurance, and including certain individuals in Tanya’s circle who falsely claimed to be experts in damages claims but provided advice nonetheless to her when she was at her most vulnerable point. Particularly concerning was Carey Eastlake, whom I will shortly provide a report to the Law Society about her conduct.

The loyal followers of this blog will recall that right from the get-go I approached both the AFFORD CEO and their insurer’s lawyer seeking resolution for the benefit of all involved, especially Tanya. Nevertheless, at that point the only interest in the matter by AFFORD’s management was to safeguard their reputation at all cost, and even provided false and misleading information to the media for publication in an attempt to achieve this end. They did not offer an apology to Tanya and as far as I am aware to date have failed to do this, despite claiming they have done so. It was evident that the only interest in the matter that the insurer’s lawyer had at that time was to earn as much income as possible from this tragedy. There was no concern for justice, the insurance company’s best interests, AFFORD’s best interests and certainly zero concern for Tanya.

Although I am not privy to the exact costs, the net cost to the insurer would have exceeded $2m. I am certain that the overall net cost to AFFORD was far greater.

 

14 thoughts on “Make that change – Part VIII

  1. Tony, you have done a fantastic job! I hope the Q&S commission hammers them. I hope Merna get’s the justice she deserves and that her Mother gets financial compensation to continue to raise her family even though this will never bring back her beloved daughter whom she trusted AFFORD to care for. One question though, will S Herald, C Hailes and the AFFORD HR team at the time who have now all left be held accountable? Please keep us all updated. As a former employee who got burnt by these money hungry grubs I’d love to know.

    1. Dear former employee who got burnt

      Thank you.

      The job is far from over. Sorry to hear you got burnt…but take comfort in the fact that Karma knows everybody’s address!

      That’s a great question, and to be fair there are a few names who still work at AFFORD that should be added to the accountability list, including the Chairman, Ross Fowler.

      My answer to you though, it is NOT my brief to hold those accountable who have now all left AFFORD, but you can rest assured this issue of accountability is high on my to-do list.

      The AFFORD board are caught in a bind. They cannot say that they carried out their duties properly because the evidence is on the table. They also cannot say they did NOT know what was happening seeing it was their primary responsibility to look after safety and they were being paid for this caretaker position. There is also a mile of evidence that AFFORD so kindly provided on their website and other social media platforms indicating that the board was also fully supportive of S Herald’s gravy train and push for profits while at the same time accepting this as the organisations primary focus. It was the board’s job to ensure that safety came first, and yet they sat back and watched it all happen whilst being paid to do so.

      You also mentioned financial compensation. Talk about time for “Change”, thus far those responsible for this tragedy have been paid huge sums of money all the way along and the person who put her daughter into full-time care at AFFORD almost 3 years ago so she could work and provide for her children has not received one single cent!

  2. The wheels turn slowly but they will always eventually catch you. I am so happy and relieved to see the NDIS getting involved as they should have been from the get-go.
    Now we wait and see justice being delivered

    1. Dear Anon
      I couldn’t agree more with you…..if the wheels they don’t catch you quickly, the pain and weight of it all magnifies logarithmically the longer it takes. I’ve said it before and I’ll say it again, Karma knows everyone’s address.

  3. When will the court hearings begin? What do you think the outcome will be? Will you keep us updated?

    1. I will get back to you soon with some dates. The NDIS -v- AFFORD has started already. I’ll check for hearing dates and get back to you

      Tony Johns

    1. That’s an interesting article and under the circumstances one could be forgiven for being angry, especially Tanya Petrus.

      However, what one deems to be mismanagement (and there can be no arguments in this case from those who care) others like the AFFORD board deemed this outstanding management!

      To be fair I don’t know if Mr Herald has been charged with any breaches yet preventing him from holding this position! Let’s see how it pans out.

      Tony Johns

  4. So they think they can just change their name from ThriveCare Co to Eloma Care and get away with it? we know its the same executives

    1. Thanks for alerting of the name change. Many businesses and indeed people change their name for various reasons. I’ll endeavour to find out why the need for the name change. Maybe we will never know and best served keeping a watchful eye on the actual organisation instead. Thx for your input…appreciated TJ

  5. Any update on the final status? I as an ex employee can not understand how steven herald is allowed to continue to work and profit from the NDIS

    1. Hey Anon

      I will be doing a big update as soon as I can. I’ve had to refrain from updates because of a lot of happenings and unwanted outside influences that could have potentially affected Tanya emotionally and I did not want to risk this. When her legal matter with AFFORD is all wrapped up and finalised, I will be able to report again. I am thinking this will be sooner rather than later.

      Thx for staying in touch…..appreciate you support.

      Best regards

      T

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