Wendy Eccles, who was severely injured in a 1993 accident, has issued proceedings in the Victorian Civil and Administrative Tribunal (VCAT), asking the Transport Accident Commission (TAC) to help with costs of modifying a standard caravan with a lift mechanism to allow her family to enjoy holidays together.
Because of Mrs Eccles’ quadriplegia as a result of the accident, a caravan with special modifications has been purchased to cater to her needs, but the TAC refuses to contribute towards the difference between its costs and the cost of a standard caravan.
Mrs Eccles said she, her husband Anthony and their three teenage children wanted to enjoy the same experience as many Australian families.
Her lawyer, Gary Foster of Maddens Lawyers, said such a case had never been before VCAT and would test the existing law.
“Wendy has gone through a hell of a lot since the accident, and so far the commission have been terrific in helping her with her special needs because of her catastrophic injury,” Mr Foster said.
“However, assistance with the cost of an appropriate caravan seems to be a sticking point for the commission because of policy considerations.
“This is all the more curious because Wendy first learnt of the existence of modified caravans because of an article in the commission’s own magazine called Empower. Certainly the commission’s decision to date is not empowering Wendy and her family.”
A decision on the case is expected early next year.
Mrs Eccles said they had always wanted the caravan to travel around Australia and not feel limited.
“We’ve had the compulsory conference and the VCAT feeling was it’s not a very strong case because what we’re trying to do doesn’t fit into any of their acts.
“I might have a simplistic view of things but my frustration is that if I need to drive a car they’ll put hand controls in it and fund for that ... but they look at the caravan and they’re saying it’s not for transport, it’s not for rehabilitation and it’s not for aid. It shouldn’t matter if the lift is in a caravan, to access a car or house.”
Mr Eccles said his wife needed to get in and out of the van independently when the family was away on holidays.
“They’ve paid to do alterations to the four-wheel-drive but for some reason they reckon the caravan is different,” he said.
“TAC is funny because if it’s a holiday house they contribute, but because it’s a caravan they don’t.
“We’ve never asked too much from TAC, so we couldn’t believe the way they’re carrying on with this.”
TAC CEO Janet Dore said the commission’s decisions on eligible medical support services and benefits for clients were governed by the Transport Accident Act. “Under the Transport Accident Act, there is no specific provision to fund a caravan,” she said.
“We recognise Mrs Eccles’ right to apply to VCAT for a review of the TAC’s decision.”
The next VCAT hearing will be held in Melbourne on Monday.