Carol Altmann – The Terrier

An update: Warrnambool vet Dr Michael McCluskey is marching on with his VCAT challenge against Lyndoch Living and its flat rejection of members from the wider community.

He now has a date.

Following VCAT’s acceptance of Dr McCluskey’s case late last year, a mediation hearing date has now been set for a videoconference on 10 March.

Dr McCluskey is testing whether Lyndoch Living has broken anti-discrimination laws by refusing to accept his membership application on the basis of his name and gender.

He is not the only one.

I – and one other  – also lodged a complaint with VCAT on these same grounds and, just an hour ago, had an email to say the case had been accepted and a mediation hearing will be scheduled in the near future.

Mediation is the first step in the VCAT process.

As we know, the Lyndoch Living membership application form allows only for a name and address.

On this basis – a name and an address – the Lyndoch board has rejected more than 130 applications for membership over the past two years.

As a result, Lyndoch has no general members.

Along the way, it has also failed to explain why it has rejected every application, including those from health professional and academic Prof James Dunbar, Order of Australia recipient Vicki Jellie, senior South West Health care nurse Kate Sloan, former aged care director Janet Dunn and experienced local business people, such as Marie Bird.

A bucket load of applications was also received from everyday people across the community – like me – who care about the future of Lyndoch, which has been a community asset for more than 60 years.

We are not letting go of our input into a much-loved community asset that easily.

Dr McCluskey said he was extremely pleased VCAT had accepted his application.

“Allowing a broad based community representation amongst Lyndoch Living’s membership is of utmost importance in my opinion if we are to see optimal outcomes for the vulnerable and those most at need amongst us,” he said.

Dr McCluskey said he could speak from personal experience about the importance of maintaining a thriving, community-based aged care home, as he was also a carer.

“We are currently providing 24/7 in home care for an elderly family member and that experience has heightened my awareness as to how crucial it is that we have community based aged care centres operating as caring and effectively as possible.”

Aside from his VCAT challenge, Dr McCluskey is preparing to try again with his membership application for Lyndoch.

He hoped the appointment of local consultant Robert Lane to review Lyndoch’s board membership would lead to an opening up of general memberships.

“I am hoping the appointment of an outside consultant will create a fresh ‘set of eyes’ and lead to a wiser mindset within the decision makers at Lyndoch Living,” Dr McCluskey said.

The shutting out of the community from Lyndoch Living is just one thread to this complex story, but it is a critical one.

General memberships are the only bridge between Lyndoch being fully transparent, or remaining a closed shop where the board has total control and the community remains at arm’s length.

I can only come back to the question of why – why would Lyndoch not want general members?

The challenges to VCAT provide some hope of an answer and – perhaps – a change.

Another challenge will be revealed shortly. Watch this space.

Carol Altmann – The Terrier

Warrnambool vet Dr Michael McCluskey has secured a significant first step in challenging Lyndoch Living’s refusal to allow him to become a member, with VCAT accepting his case.

As reported here in early October, Dr McCluskey lodged a complaint with VCAT arguing that the decision by the Lyndoch board to reject his application was discriminatory and illegal under the Victorian Equal Opportunity Act.

VCAT (Victorian Civil and Administrative Tribunal) has since formally responded to Dr McCluskey to confirm his case has been assessed and accepted.

According to Dr McCluskey, the tribunal has also notified Lyndoch Living about its decision to hear the case.

Dr McCluskey says he has indicated to VCAT and Lyndoch Living that he is happy to attend a mediation session as the first listing of the matter.

At this stage, Dr McCluskey will attend the first listing without legal representation, which underscores the David v Goliath fight ahead, as Lyndoch Living has access to top Melbourne lawyers, K&L Gates, for its legal battles.

Once again, I am astonished that I have to write the words “legal battle” between Lyndoch and the community.

But as we know, Dr McCluskey is among more than 120 people who have had their membership applications knocked back by the Lyndoch board in the past 18 months.

Under its Constitution both past and present, Lyndoch has had the power to do this.

Never, however, has it used that power with such blunt force.

At no time has the gate been closed so firmly by Lyndoch against the community that created it. Even our local MPs can’t get straight answers as to why.

The mounting concerns around Lyndoch Living that have been exposed by this page have always been two-fold:

the loss of so many experienced staff and the decline in care to the point where Lyndoch is now, for the first time, failing national standards;

the shutting out of the community from becoming members or board members.

I see these two issues as being closely related.

The first issue – staff resignations and standards of care – is now in the hands of the federal authorities and they have the power to act.

We are all waiting to see what they do and if Lyndoch Living will face sanctions before its reaccreditation falls due next February.

At the moment, the Lyndoch nursing home is ranked two out of four stars and in need of “significant improvement”.

I often wonder how many members of the Lyndoch board or executive would feel comfortable having their loved ones in the care of a nursing home that has dropped to two out of four stars, unlike any other aged care home in Warrnambool?

The second issue – the shutting out of the community – well, this is our issue to fix.

Lyndoch can only be stolen from under our noses if we don’t push back.

Dr McCluskey is among all of those pushing back and while he may be the “David” in the battle ahead, he has a big slice of the community right behind him.