Disability royal commission expert witness left woman lying on the ground for 30 hours before death, senate committee told

Concerns over the vetting process for witnesses at the disability royal commission have been raised during Senate Estimates.

Senator Jordan Steele-John during Senate Estimates.

Greens Senator Jordan Steele-John during Thursday's Senate hearing Source: Screenshot/APH

The vetting process for expert witnesses appearing at the disability royal commission has come into question after it was revealed a previous witness had overseen the mistreatment of a woman with disability under his care. 

Western Australian Senator Jordon Steele-John grilled Royal Commission representatives in Senate Estimates late on Thursday night regarding the death of 59-year-old Lena Divola in 2007. 

Ms Divola, who had an intellectual disability and schizophrenia, was left lying on the floor of her bedroom at a Victorian group home, Armadale House, operated by the Australian Community Support Organisation (ACSO), for more than 30 hours after suffering a head injury days earlier, according to the .
The Townsville hearing at the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
The Townsville hearing of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. Source: AAP
An ambulance was called approximately 29 hours after Ms Divola was first discovered on the floor, but she died four days later due to cerebral bleeding, the coroner found. 

The on-call supervisor at the time was Simon Wardale, who the Coroner found “fell into error by failing to remain alert to the possibility of a serious head injury … and to act decisively.”

Mr Wardale appeared as an expert witness at the Disability royal commission in September, as part of public hearings into the use of psychotropic medication, behaviour support, and behaviours of concern.
Senator Steele-John asked the hearing how - given the incident involving Ms Divola - they had chosen Mr Wardale as an expert witness. 

“How does it happen that someone involved in such an incident ends up on the stand of a royal commission into violence, abuse, and neglect, giving evidence or expertise into how it may be understood or prevented?"

Secretary of the disability royal commission Paul Cronan said it was not appropriate for him to respond to questions on “the substance” of the commission’s work. 

Asked about what vetting processes were in place for witnesses appearing at the royal commission, he said they would provide an answer on notice.
Earlier this week, Attorney-General Christian Porter announced to ensure the confidentiality of witnesses during and beyond the inquiry.

The announcement came after a long campaign by disability advocates for reform, citing concerns that the lack of safeguards would stop victims of abuse and neglect from coming forward.

“People with disability are telling us that they’re reluctant to come forward and they are afraid of retribution and repercussions if they can’t ensure that their submissions … [are] kept confidential beyond the life of the royal commission,” Romola Hollywood, the director of policy and advocacy at People With Disability Australia, told SBS News prior to the announcement.
Mr Porter said the amendments, requested by royal commission chair Ronald Sackville, would ensure the inquiry's work was guided by and truly reflective of people's experiences.

The disability commission was established in April 2019, with the final report expected to be handed down in April 2022.

The inquiry’s next public hearing is scheduled to take place from the 23 November in Brisbane, and will examine the experience of Indigenous people with a disability and the impact of child protection systems.

SBS News has attempted to contact Mr Wardale for comment. 


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3 min read
Published 23 October 2020 5:14pm
By Maani Truu


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