Mark

Mark has cerebral palsy which affects his movement and speech. He told the Royal Commission he has experienced discrimination his whole life, but the most recent incident left him devastated.

‘[It] was a very serious matter that goes to the heart of my identity as a person with a disability and one that had dire impacts upon my independence and my dignity.’

When he was a young man he was determined to get a licence. Despite much opposition, after demonstrating his driving skills, he was successful.

‘People questioned the sergeant about why he approved my licence but he said, “This young fella can drive and you don't have to worry about him”.’

Mark went on to get forklift, truck, long distance coach and bus licences. He worked in the transport and construction industry and was a professional driver until he retired. Additionally he was a member of several car clubs and involved with a safety transport committee.

‘These achievements were not easy to obtain because of people's prejudice and judging me on my appearance. I was the first person with a disability to achieve these licences, particularly the bus licence as the police investigate anyone going for a bus licence.’

Last year Mark was driving to a shopping centre when he noticed a female driver speed up and tailgate him. Because she was dangerously close, Mark pulled over to let her pass. But instead, she pulled in behind him.

After a few moments Mark continued driving. The woman followed him to the shops and when he pulled in to the loading dock she parked him in. She then jumped out and took a number of photos and rang the police.

Then she jumped out and took a number of photos and rang the police.

‘The male police officer came over to my car which was parked and put his hand through the car window and ripped out my car keys. I said, "Pardon me what is going on?" He said, "You might run off," and I said, "How, I have a job to even walk?"’

The young woman told the police Mark was driving erratically. He said this was totally wrong. The police asked to see Mark drive but because he was ‘very shaken up’ he refused.

‘They conducted a breathe analysis on me but not on the young woman and I feel like they made a fool out of me.’

Eventually the police let Mark drive home but two weeks later he received a letter – his ‘licence had been suspended pending an assessment’ with his GP.

The GP recommended an occupational therapist (OT) assessment which Mark said there was no need for as he ‘hadn’t caused a crash or had a poor driving record’.

Then he had to wait for an OT who had a vehicle with dual controls. Mark was very nervous during the assessment, but the OT told him ‘don't worry you have done very well in a new strange vehicle’.

But this wasn’t the end of it. After handing over $750, the OT told him he needed to do an aged care driving assessment as well.

‘I think this is undignified, particularly when I have achieved all these classes of licensed driving, even having completed advanced driving courses … I always said that when I didn't feel safe on the road I would hand my licence in.’

Ultimately he completed the assessment and his licence was reinstated. ‘To my annoyance I still have a restriction of only being allowed to drive within a 50 kilometre radius from home.’

Mark told us this restriction prevents him continuing his ‘work as an advocate for people with disabilities and for older people’ which is work he has been honoured for.

He finds it unacceptable the young woman was allowed ‘to follow someone, park them in, verbally abuse someone and take their photo without permission’.

‘The police judged me on my disability and not on my driving record … I am used to being misjudged on my appearance but once you get to know me I am an intelligent, highly capable man trapped in a unique body from birth.’