Alun
Content Warning: These stories are about violence, abuse, neglect and exploitation and may include references to suicide or self-harming behaviours. They may contain graphic descriptions and strong language and may be distressing. Some narratives may be about First Nations people who have passed away. If you need support, please see Contact & support.
‘I have gone through this alone. I stand alone. I fight alone and I feel quite alone now.’
Alun is in his 50s and lives with mental health issues, complex post-traumatic stress disorder and attention deficit hyperactivity disorder.
‘I am the survivor of childhood sexual abuse. I have a history of depression and of suicidal ideation,’ he told the Royal Commission. ‘I am currently receiving treatment for all of the above.’
About 15 years ago Alun and his then partner, who also lives with disability, took on a $500,000 mortgage. He believes the mortgage broker exploited and ‘scammed’ them into entering into the agreement.
The company was ‘required under law’ to provide the couple with many documents before they signed anything, but Alun said ‘consumer protection and contractual obligations were completely and utterly ignored’.
‘I mean there were all kinds of precontractual disclosures and precontractual obligations … all kinds of things that the broker was supposed to do. They were supposed to let us know. They did none of this.’
The broker knew Alun had cognitive difficulties understanding and filling out forms and exploited that.
‘For example, he sent us four pages from a 12-page application form. He said, “This is the application form. Sign here, here and here. Don’t worry about filling out the details. I’ll do that for you.”’
The company together with its accounting firm engaged in ‘misleading conduct and unconscionable conduct’, Alun said.
‘The relationship was collusive … They were both morally corrupt … I was not the only person who was defrauded.’
Alun turned to the financial ombudsmen, banks and law societies in his efforts to get justice. All the agencies were aware of his disability, but ‘no accommodations were made’.
‘Despite the fact I have documented lifelong learning delays and I’m disabled, I have been utterly unable to find any sort of substantial ongoing legal assistance whatsoever … It was not addressed, and swept under the carpet. That is also a form of abuse.’
Alun feels the lack of available supports is indicative of ‘systemic abuse’ and ‘impediments for disabled people across all platforms’. It’s also ‘a sad, tragic, horrible reflection of the legal profession’.
He would like to see ‘a publicly funded Medicare-like legal assistance service’ set up.
‘Purely to protect the rights of the disabled people by acting in an ongoing legal intervention service provision. Advocacy I have found in my experience is a waste of space and a waste of time. If there is not legislation or at least regulation behind a request, then when push comes to shove, nothing happens.’
Disclaimer: This is the story of a person who shared their personal experience with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability through a submission or private session. The names in this story are pseudonyms. The person who shared this experience was not a witness and their account is not evidence. They did not take an oath or affirmation before providing the story. Nothing in this story constitutes a finding of the Royal Commission. Any views expressed are those of the person who shared their experience, not of the Royal Commission.