Disability commissioner in hot seat over deaths

Disability commissioner faces pressure to stand aside due to conflict-of-interest claims.

Former moderate Liberal Party member of the NSW upper house John Ryan.

One of Scott Morrison’s hand-picked disability royal commissioners faces mounting pressure to stand aside as he is likely to be called to give evidence before his own inquiry relating to the deaths of at least two people under a state program for which he had ­responsibility.

John Ryan, a former moderate Liberal member of the NSW upper house, was appointed as one of six commissioners to the $528 million royal commission when the Prime Minister announced it on Friday. He has been caught up in a potential ­conflict-of-interest furore over the role.

The NSW Ombudsman last year released its analysis of ­reportable deaths in the state and included a case study of two ­people with intellectual disability and significant health concerns who died within two months of moving from a big residential centre into community-based accommodation.

Mr Ryan was the director of the project under the then NSW Department of Ageing, Disability and Home Care that was charged with moving people from those large institutions — particularly, Stockton in the Hunter region — and the ombudsman found a lack of oversight and support contributed to these deaths.

The report queried the ­“adequacy of the actions by staff at the large residential centre to address substantial health risks for the residents over an extended period of time” but went further to criticise matters under the ­direct purview of Mr Ryan.

“The information also identified that inadequate arrangements were in place to support a successful and safe transition,” the report said.

“This included a lack of evident mechanisms to ensure that staff understood and could effectively respond to residents’ needs; there was close and active oversight of the transition process and follow-up post transition to identify and address critical issues.’’

When the state sold its disability service programs, the old ADHC policy oversight was transferred to the Department of Family and Community Services where Mr Ryan has served as ­director of “contemporary residential options” since 2011.

Mr Ryan told The Australian the NSW ombudsman report did not deal with his particular policy area.

“What I can say is that it was not about me or my staff. I was not interviewed nor were my staff,” he said.

“I am not qualified to make operational decisions about how residential services are staffed and operated, and the department I worked for in NSW had protocols that excluded me from doing that.”

A senior bureaucrat in the ­Department of Prime Minister and Cabinet told Greens senator Jordon Steele-John on Friday that the commissioners had all been “vetted” by the Attorney-General’s Department.

“This is an unprecedented turn of events, and now we will have a royal commission that will directly examine the deaths of at least two people under a program which was overseen by Mr Ryan,” Senator Steele-John said yesterday.

Craig Wallace, an advocate who once led the nation’s peak disability organisation, said he had experienced abuse at a NSW disability institution.

“I wouldn’t choose to give ­evidence to a commissioner who managed NSW institutions and makes negative remarks about disability advocacy,” he said.

Mr Ryan’s history of sparring with disability advocates — who he once described as “amateurish” in a Facebook post when some tried to represent residents of the Stockton institution and were rebuffed — and social media posts have also been brought into question.

In 2014, while watching the ABC’s Q&A program, Mr Ryan tweeted: “When Islamic adherents are killing people because they are not Islamic, it is a Muslim problem.”

A representative for the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability said there would be no comment on individual appointments.

Mr Ryan was not interviewed by the ombudsman as a part of its investigation into the deaths, nor was his team responsible for the day-to-day running of the homes.

Minister for Families and Social Services Paul Fletcher said the “Government stands by its appointments”.

“The panel of six Commissioners is representative of a diverse range of backgrounds, which includes lived experience of disability, judicial and policy experience, and indigenous leadership,” Mr Fletcher said.

“The two individuals in question have both been recognised for their significant contribution in their fields, as evidence by their receipt of the Public Service Medal and Member of the Order of Australia. Any suggestions as to the validity of their appointment is without any foundation whatsoever.

“We will not be commenting on individual Commissioner appointments. As with any Royal Commission, Commissioners will be expected to declare any real or apparent conflicts so that they can be effectively managed throughout the inquiry.”

Mr Morrison was approached for comment.