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.

Carol Altmann – The Terrier

Warrnambool has two choices. It can accept that the community has been cut out of Lyndoch, or it can fight back.

Warrnambool vet Dr Michael McCluskey is among those now doing the latter.

Dr McCluskey is challenging the rejection of his membership application to Lyndoch Living on the grounds of discrimination.

Dr McCluskey lodged a complaint with VCAT today, arguing that the decision by the Lyndoch board was illegal under the Victorian Equal Opportunity Act.

“The only information that can be filled out on the Lyndoch membership form is my name and address,” Dr McCluskey said.

“There was no request from Lyndoch for any further information from me.

“Given this, the Lyndoch board could only have rejected me on the basis of my name and my gender, because they know nothing else about me, my background, or my qualifications, or interests.”

A very good point, because if the Lyndoch board had bothered to find out more about Dr McCluskey, they would have discovered the following:

He holds a University degree with Honours in the field of biological sciences (Bachelor of Veterinary Science);

Extra post graduate University level study with multiple units in the fields of psychology, law and economics;

Five years as Director of Finance on Board of Management at a local community sporting organisation handling a multi-million dollar annual turnover;

More than six years as both volunteer and member of committee of management of  Warrnambool Riding for Disabled;

Is a current member and also serving on committee of management of Water for East Timor, a locally-based charity that is overseas focussed.

Dr McCluskey didn’t apply for membership to Lyndoch as part of the recent community membership drive – he applied several months earlier.

He is now among a long list of community minded souls who have had their applications flatly rejected.

This means everyone who applied is also automatically ruled out of nominating for the board at the AGM on 26 October, as only members can apply.

Having read that 115 people from across the community were rejected last month, Dr McCluskey decided it was time to push back.

“I’m hoping this can become a test case on behalf of the community,” he says, “and that VCAT will at least decide that Lyndoch has a case to answer”.

He hopes others will be encouraged to follow his lead, particularly as the VCAT application is free of charge due to the issue falling under the Equal Opportunity Act.

Lyndoch Living has used the “no reason” clause in its Constitution to dismiss every single membership application from the general public these past two years.

Those who have tried these past two years include now Mayor Vicki Jellie, AM, senior SWHC nurse Kate Sloan, aged care expert Janet Dunn, leading local businesswomen Natalie Stevens and Marie Bird, the inaugural Director of the Greater Green Triangle University Department of Rural Health, Professor James Dunbar, educator and MPower board member Helen Bayne, former Lyndoch senior nurse Tracey Dean, educators Tina Reilly and Claire Bishop, retirees in Lyndoch’s Waterfront Living apartments, and dozens of locals who care about Lyndoch as a much-loved community asset.

All were bumped by the board without reason.

But a “no reason” clause can be fragile, as WCC CEO Peter Schneider proved with his Supreme Court case.

No doubt the Lyndoch board, Sue Cassidy (hairdresser/salon owner), vice chair Kerry Nelson (ex MPower CEO), treasurer Kane Grant (Sinclair&Wilson), retired Deakin academics Lorraine Mielnik and Prof Rob Wallis, Ron Page (dairy industry) and WCC director Andrew Paton hope the community will just accept it.

In my opinion, the board’s loyalty is to the CEO. It is not to the wider community.

Those prepared to push back, however, are loyal to the spirit of Lyndoch, to its vulnerable residents who must be its first priority, and to the increasingly exhausted staff who care for them.

Dr McCluskey has cast another stone in what has become a David and Goliath battle. We shall see where it lands.