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The Disability Advocacy EOI or How NOT to express interest in disability advocacy and information services: a classic case study of a wrong policy, implemented badly

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I worked for the Physical Disability Council of NSW (PDCN) through the whole of the Ageing and Disability Department (ADD) debacle (there is no other word for it) of 2000 / 2001.

The opportunity given to us by the NCOSS conference on Advocacy to reflect, to use hindsight, to see what we have learned and to move on is welcome.

But one does have to note strongly that we have moved on.

  • ADD no longer exists. I believe that DADHC, although not problem-free, provides a more coherent structure with which we can engage.
  • Personnel changes make DADHC a different organism to ADD. In short, I simple do not believe that the Director General who stopped the destructive and badly managed process would have allowed it to commence.
  • We have a new Minister with a clear strategic vision for disability policy around which we can have meaningful debate.
  • The disability advocacy and information services sectors have changed (and that tendency to change is about the only constant here). I contend also that:
  • we have matured,
  • we are smarter,
  • we are more committed to genuine and open collaborations and that
  • we are, as a consequence, stronger and more effective.

As far as PDCN is concerned, it is more useful to learn from the past than to dwell in it. Here are some key points that we learned.

The ADD EOI misadventure

  • It began for us, like everyone in the sector, with the letter from ADD Director General, Marianne Hammerton, dated 10th January 2001.
  • We know, of course, that it must have and did start inside ADD much earlier: at least 6 months earlier.
  • In an internal NSW Ageing and Disability Department paper dated 30th June 2000 and entitled Improving Outcomes in Disability Advocacy / Information Services (never published, never acknowledged to exist by its author and … as if we were in a spy movie or something … leaked to me), it was asserted:
  • "ADD will lead a project to improve advocacy / information outcomes through a policy framework, performance management improvements, and an industry development strategy." (Page 2)

    "The Project (sic) will engage a contestable funding process as a driver for clarifying and improving service delivery. All existing providers, as well as any new services, will be encouraged to compete for the provision of advocacy / information services." (Page 3)

"Implementation Milestones"

  • Appoint ….
  • Communication Strategy to take effect from July 2000 ….
  • EOI Process concludes by end January 2001." (Page 7)
  • We all heaved a heavy sigh of relief when, on 20th September 2001, the third DG in nine months of what used to be ADD and is now DADHC, Margaret Allison, wrote"
  • "As a result of advice I have provided to the Minister, she has agreed that the current EOI is to be stopped, with a new process to be commenced in the near future."

So why did the great misadventure take place?

I've no idea why it took place at that time and in the appallingly badly handled way that it turned out. Here's some educated guess work.

  • The Commonwealth's review of advocacy services probably lead State Government officials and departmental staff to believe that something ought to be done about advocacy in NSW. I believe the initial thinking (or lack of it) was not much more detailed or coherent than that.
  • The Minister's Office at the time (probably) did believe that there existed a need to create more individual advocacy services. This is a view that the disability advocacy sector in NSW had been promoting for some time so it's not surprising that a Minister's Office would pick up on it.
  • The Minister's Office and ADD apparently believed that the balance between individual advocacy and systemic advocacy was not right in NSW.
  • Mid-term was the right political time to embark on "The Project" from the Minister's Office and ADD perspectives. The exercise would probably not be problem free, so they wanted to make sure it was done and dusted well before the 2003 State Election.
  • Competitive tendering through an EOI was held to be a sound mechanism for purchasing services. And it was, in part, to be the purchasing side of the 'purchaser / provider' split, that ADD had been created.

I believe this to be a fundamentally flawed policy hangover from the 1990s (actually from the detestable Thatcher Project). Fortunately, competitive tendering in the field of human services planning has been thoroughly discredited. While Governments can probably create better, cheaper roads and bridges through such purchasing regimes, human services can't be bought and sold in the same way. It was a policy mistake compounded by implementation failures of, sometimes, breath-taking incompetence.

What happened?

  • ADD developed the project internally without sufficient thought or analysis and no attempt to engage the sector until after an implementation plan had been publicly announced (i.e. only after they had reached a point of no return).
  • The Minister of the day received and acted upon poor advice.
  • The project was poorly managed and badly presented.
  • Rightly, disability advocacy and information services became defensive, organised, active and effective, all which are, as anyone could have told them, elements of our core business.
  • The political shit hit the fan as evidenced by:
  • Questions to Minsters in both Houses.
  • Motions in both Houses
  • An Upper House Inquiry
  • TV, Radio and newsprint coverage that did not diminish with time
  • Literally thousands of letters to and from politicians of all parties
  • … and all the rest that flowed from us doing our advocacy job well.
  • The EOI process was extended at the very point of the deadline for submissions.
  • Heads rolled.
  • ADD vanished (for reasons other than this mess).
  • The process was stopped.

What didn't happen?

  • The quality of life of people with disability was in no way enhanced by the original EOI process. It never could have been. Improving that quality of life was supposed to be, in part, why ADD existed. The Department wasted public money, its time and our energy on a pointless, ill-conceived, badly implemented strategy that was doomed to fail from the outset.
  • I have never seen evidence to support the claim, nor do I believe, that part of the initial motivation of the project launched on 10th January 2001 (six months late) was to 'get even with' or 'destroy' individuals or organisations in the advocacy sector. Why not, Dougie?
  • No individual in the sector is that important or threatening, no matter how much we might want to believe that we could be.
  • There were much easier and quieter ways to reduce funding to or cut specific organisations.
  • The 'get even' theory relies on an analysis of modern Government and departmental behaviour that is simply not consistent with the real world in the 21st Century. It turns a debate around ideas and policies into something more like a schoolyard personality clash. While I do not doubt for a moment that some of the protagonists will not be sending one another Christmas cards, I feel that the 'get even with' or 'payback' theory was not a motivating factor and misses the political point.

What did I learn or experience again?

About Government
  • Sometimes governments make unwise policy decisions based on bad advice.
  • Sometimes departmental officials implement unwise policies (which they may have poorly advised government to pursue) very, very badly.
  • Even though a policy is stupidity on a stick and it is very badly implemented, governments are also party machines and, even when advised poorly, sometimes seek to defend the indefensible.
  • That it is unlikely that any government will make such a bad mistake with such a poor policy again. It was a bad enough process to be almost unrepeatable.
  • That it sometimes takes a new person inside to say, look this just has to stop.
  • It can move on.

About the sector

  • We work best when we work together.
  • That strategies devised by groups of well-informed, enthusiastic and active participants have more chance of success than working it out by one's self.
  • Involvement and participation of all legitimate stakeholders are positive.
  • A shared purpose is vital.
  • Transparency of debate and decision-making is essential.
  • Hard work gets results.
  • It's easier (even though this was hard) when the policy is so patently stupid, which means, of course, it could have been a lot harder.
  • Alliance building is essential.
  • Sometimes we can not lose (no one won here).
  • We can move on.

About me

  • I don't want to go through it again but I will if I'm forced to: It's what I do.
  • I've moved on.

Dougie Herd
PDCN Executive Officer
4th April 2003

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this page updated September 25 2006

The Physical Disability Council of NSW Inc (PDCN) is the peak body representing people with physical disabilities across New South Wales.
PDCN is involved in information, education and systemic advocacy for, and on behalf of, people with a physical disability.

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