Jocelyn
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Jocelyn is in her late 50s and lives with physical and psychosocial disability. She also has mobility issues and heart problems.
Jocelyn shared with the Royal Commission her experiences as a disability support worker and her problems with the police and the courts after failing a breathalyser test.
Jocelyn used to work as a disability support worker, but has not worked for more than 10 years because she ‘was a whistleblower in aged care’. Jocelyn said she lost five jobs because she tried to help people and made complaints on their behalf.
Jocelyn has argued with hospitals over their treatment of patients with disability. She has also made complaints about various bureaucrats involved with the NDIS.
Jocelyn is concerned about non-disclosure agreements which prevent support workers who have settled their legal action against their employers from discussing the case. She believes the agreements prevent important information from being shared.
The breathalyser incident began when Jocelyn was waiting for her son to collect her in a park after an exercise session. She noticed a car but did not know it was an unmarked police vehicle. Being uncertain who was inside, Jocelyn felt ‘at risk’. She followed the car, intending to memorise the numberplates and then contact police.
‘Anyway, it resulted in me being put on a breathalyser,’ Jocelyn said. She was unable to perform the test properly, which she believes was due to an undiagnosed health condition.
Jocelyn asked to do a blood test instead, but the police arrested her and took her to the station for another breathalyser test.
‘I have a very chequered history with police … because I have advocated against them for death in custody, restrictive practices stuff.’
At the station, Jocelyn refused a second test because she did not wish to use ‘the same machine’ a sick man had just used – she thought he might have COVID-19. She told police, ‘I’m happy to give a blood test,’ but they declined.
Jocelyn was charged and, following court proceedings, convicted, even though she now had the relevant medical certificate for the health condition that prevented her from performing the breathalyser test. She received a fine and ‘they added extra disqualification’ – she was banned from driving for five years.
Jocelyn was frustrated with delays in the court proceedings and that she was not provided with legal assistance. Jocelyn represented herself and struggled. ‘I was escalated by their behaviours towards me.’
Jocelyn is unhappy with how the police and court system treat people with disability.
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.