Abbeyfield Marion

The Hon. F. PANGALLO (16:35): Due to the government's welcome intervention, I seek leave to move the motion standing in my name in an amended form.

Leave granted.

The Hon. F. PANGALLO: I move:

That this council—

1. Recognises the community housing residential rights of all the disabled residents at Abbeyfield Marion;

2. Notes that the residents have lived together since 2010 and should be entitled to reside at the home without disruption and distress to their peaceful and stable lives;

3. Congratulates the state government for its intervention to prevent any proposed sale and requests that it make new legal arrangements to maintain its current use and occupancy;

4. Calls on the City of Marion to offer support to the South Australian government in transitioning the property's ownership;

5. Acknowledges the petition on Change.org, which contains more than 15,000 signatures demanding that Abbeyfield Marion is not sold by the City of Marion; and

6. Congratulates the parents and residents of Abbeyfield in their successful efforts to retain Abbeyfield as their home.

Yesterday, it was distressing and disappointing that I was compelled to file this motion in this chamber, seeking to protect the lives and interests of a group of very special residents with special needs living in a communal housing project at Edwardstown known as Abbeyfield Marion. Today, I am elated that there has been a significant development overnight following a rousing rally on the steps of Parliament House and the enormous public and media interest this has generated. The Premier, the Hon. Peter Malinauskas, and the Minister for Human Services, the Hon. Natalie Cook, have now intervened and have given rock-solid assurances that life at Abbeyfield will not be disrupted. To quote the Premier:

What I want to be able to do is provide long term certainty to those residents so they know they can continue to call their place home which is what matters to anybody in any set of circumstances—let alone if you're diagnosed with an intellectual disability.

I thank the Premier for being that type of person who listens and cares. Minister Cook does too and I pay tribute to her and her Chief of Staff, Michael Hicks, who have been actively involved with me, along with my Chief of Staff, Sean Whittington, staffers Hugh Salter, Adrienne Gillam and Kim York in the delicate mediation process dealing with Marion council and the families of residents of Abbeyfield to try to achieve a satisfactory outcome. It has taken two years to where we are today, and it is thanks to decisive and swift action overnight by the Premier that today the comfort and security of the residents of Abbeyfield is no longer under threat.

The house at St Lawrence Avenue in Edwardstown was built through commonwealth funding as a community housing project for senior citizens and gifted to the Marion council in 1991. In 2010, when it became empty, Abbeyfield Australia, a Victorian charity, approached the South Australian Down Syndrome Society to establish a home for people with disabilities. For the past 15 years, eight to 10 male and female residents with intellectual disabilities have lived peacefully and happily together as a family in a beautiful and tranquil setting, and with the caring and loving support of their parents and disability providers.

The home, run by care providers Abbeyfield, gets commonwealth funding, but all the residents pay their way via their NDIS funding packages. They do many things together, like going out shopping and attending events, such is their close bond. These residents need our support and protection to maintain the happy and functional home they have created, and they have not been getting much of that, unfortunately. It has been upsetting for them and their families who have watched all this unfold.

Life had been peaceful and uncomplicated until two years ago when Abbeyfield shifted control of the house from the local branch—which has a legal relationship with its lease with the Marion council and overseen by the families—to the Melbourne-based charity Abbeyfield Australia. It pays a peppercorn lease of around $10 a year to Marion council. That is when things became more complicated than they should have because of a complex lease agreement with Marion council, the custodians of the home, which has not been updated to reflect the changing requirements under NDIS models.

Instead of working with the residents and their families to maintain the functions of Abbeyfield and keep the roof over their heads, the council set about on a course to rid itself of the property and any burden it perceived it might have had. The residents faced an uncertain future and, quite frankly, the council, its chief executive, Tony Harrison, and its mayor, Kris Hanna, demonstrated little sympathy or desire to fix and support them for the impending crisis that would have resulted from the sale of a property that required government approval and a planning change before that could occur.

Making matters worse was the appalling behaviour of bullying and intimidation of Abbeyfield Victoria, the community housing provider which held the council lease. They set about dismantling the smooth practices that had worked previously in the best interests of the residents. The families were told their children were too disabled to live there. Then, they tried to jack up charges from residents. Food money was temporarily held back. They tried to force NDIS service staff to sign agreements to provide personal information on residents to Abbeyfield Australia which, fortunately, was rejected.

When approaches to Marion council and the government went nowhere, the upset families and residents then reached out to me for support. Their fury and frustration received national attention on the Nine Network's top-rated A Current Affair. Vindictive Abbeyfield then monstered one of the mothers who appeared on the program with legal threats, adding to the distress. Let me give you another example of how nasty Abbeyfield have been. After providing NDIS-approved night-time passive support—where a care worker was able to sleep over for six years—in March this year Abbeyfield marched in with police by their side to remove access keys from NDIS workers and changed the locks to three empty rooms they could have used to sleep in. It was an act that put the residents at serious harm—a callous act.

Jan McConchie, the mother of Eddie, who has been such a tireless campaigner for their rights, along with the other parents, said the council did nothing to support them. She said the families took this total lack of action on behalf of the council as a sign it was going to be easier to sell an empty house—eviction by stealth, as a couple of lawyers involved in the saga described it. The families have been in constant contact with the council and its mayor and have been furnished with all the correspondence with Abbeyfield Australia. Marion council has been indifferent to their plight—and that is being kind.

Over a year ago, my staff and I had meeting with Mayor Hanna and his chief executive, Tony Harrison, to see if an acceptable outcome could be reached. I thought it was quite an amicable discussion; however, the best way to describe the reception we got was frigid disinterest. At one point, while I was speaking, Mayor Hanna just upped off his chair and, without excusing himself and to my amazement, started to walk out. I called him back, and he heard me out.

This morning on FIVEaa's breakfast program with Will Goodings and David Penberthy, who have been great supporters of the disabled housemates, backpedalling Mayor Hanna made flippant accusations seemingly directed at my involvement, labelling the serious concerns that have been raised as a beat-up and inferring that I and others have been whipping the parents into a frenzy for nothing. That is so patently false. The parents only reached out to me for support when it seemed all else they had tried with the council and Abbeyfield failed. Perhaps the mayor should produce all the correspondence his councillors received on this matter.

Mayor Hanna went on to say there was never any threat the residents would lose the home and that he had worked out a deal with the Housing Trust to take over and guarantee accommodation and care under a new provider. That also came as a bit of a shock and news to the families, who were not informed about that development. The council administration always planned to sell Abbeyfield. Despite what Mayor Hanna claims, you could not trust a new purchaser to make and stick to any guarantees given by a third party.

Sure, the council is not in the care provider business. Well, they are not now. They are merely the landlords, the custodians of the property. They can make the decision on which care organisation the property is leased to, but this must include consultation with the residents and their families and their carers.

Councillors were also misinformed by the administration in the consultation document, which wrongly stated that the sale of the home to a registered disability provider would be subject to NDIS Quality and Safeguards Commission care and oversight.

Mayor Hanna says Marion council is committed to creating an accessible and inclusive city based on fairness and respect while also providing a safe and welcoming environment for everyone. Mr Hanna, you failed on every count with Abbeyfield, which is why 15,000 people from around Australia have signed a petition on Change.org demanding any sale not proceed. I seek leave to table those documents containing the names listed on Change.org. While the petition does not conform with the SA parliament's petition format, 15,000 signatures is still enormous.

Leave granted.

The Hon. F. PANGALLO: I point out that I am tabling it as a document, not as an official petition. The people have well and truly spoken on this matter. Abbeyfield is a vital haven for its disabled residents, providing them with not just shelter but a supportive community that promotes dignity, independence and wellbeing.

The decision to allow these residents to remain in their home is essential for several compelling reasons. Firstly, stability is crucial for individuals with disabilities. The Abbeyfield home offers a stable, familiar environment where residents have formed relationships and connections that enhance their quality of life. Moving them would disrupt these relationships and could lead to feelings of anxiety and abandonment. Moreover, the Abbeyfield home is designed specifically to cater to the needs of disabled individuals, providing appropriate facilities and care that fosters independence. Selling the property would not only displace residents but would also eliminate a vital resource in the community tailored for their unique requirements.

The Marion community benefits from having Abbeyfield as part of its social fabric. The home promotes inclusivity and awareness regarding disability issues, fostering a community spirit that serves as an example for others. Displacing the residents would diminish this positive influence and could reduce community engagement and support for disabled individuals. The Marion council must prioritise the wellbeing of its residents over potential financial gains from selling the property. The long-term social costs of moving vulnerable individuals can far outweigh short-term fiscal benefits.

The community thrives when it invests in the care and support of its most vulnerable members, and Abbeyfield is integral to achieving this. In addition, by retaining the Abbeyfield home the Marion council affirms its commitment to inclusivity and social responsibility, reinforcing the message that individuals with disabilities deserve respect, stability and a home where they can flourish. Allowing disabled residents to remain at Abbeyfield is not simply an investment in property but a profound commitment to the dignity and rights of all community members. The Marion council should prioritise preserving this essential resource for a brighter, more inclusive future.

In closing, I would like to welcome Abbeyfield residents and their parents in the gallery today: we have Ann Lee, who is here with her son Stuart; Mark Williams, the father of Cara Williams; Natalie Byrne, the sister of Sarah Byrne; Peter Jenkinson and his partner Mardi Barry, and Peter is the father of Eddie Jenkinson; and Eddie's mum, Jan McConchie, is here as well.

The PRESIDENT: The Hon. Mr Pangallo, of course it is not appropriate to refer to people in the gallery, but you have, so we will know that for next time.

The Hon. F. PANGALLO: Thank you, Mr President. In short, this is a victory for all of them and a victory for the power of people's voices in being heard. I commend the motion to the chamber.

Debate adjourned on motion of Hon. I.K. Hunter.