Craig has asked us to publish this. We have done so unedited .. Thanks to Craig for allowing us to publish his opposition to the exemption.
I am appalled at the report that outlined the services. On the one hand I am being told to support the exemption application because it is the best that they can come up with and while I can appreciate that Deaf Australia Inc has debated on this issue and come to realise that they must support the exemption application inorder to make roads into positive future.
As a Deaf person, we were told that in 2005 and it is now 2009 on the brink of 2010. We have 0.3 percent access to movies that are captioned.
When I look at UK and America – it astounds me to see that the proportion of captions shows and movies are way in excess that I would have to go there to see it to believe it because we have had it so bad here in Australia.
To support the exemption application are (with thanks to Kate Locke for putting it into plain English for us who are trying to understand the full documentation and was able to spell it out for us) which Australian Human Rights Commission has failed to do so in the first place).
Reasons why we need to support this exemption application:
1. The exemption will increase the number of screens in cinemas operated by the applicants capable of delivering captions to 35 over the next 2½ years
2. The exemption will provide audio description capability in all those 35 screens, including a retro-fit of the current 12 cinemas offering captioning.
3. The exemption will cause the cinemas to commit to a review of the current program in consultation with representatives from key stakeholders starting 9 months before the end of the Temporary Exemption period
4. The exemption will ensure accessible information on captioned and audio described film schedules.
5. It has taken 2 years of negotiations between MAA, DFA, DA, and cinemas to get to this point.
6. The Commission also have no way of making the industry respond in a timely manner – note how long this one has taken.
7. If this one is rejected, we get nothing in the interim, and start negotiations all over again. There is nothing to make cinemas improve access. There is no law or legislation, except the DDA. No government intervention. If they decline, people have to take them to court.
8. If AHRC reject this exemption application, there will be NO increase on current number of cinemas. The Commission does not have the power to bump up the numbers in the exemption.
9. If we reject this application, then we will go back to process of individuals having to make complaints and going through conciliation and hoping someone takes it to federal court which is not very common (so far not at all) and is difficult for Deaf groups to support these individual complaints.
10. The only way to make a rejection of this application successful is to have someone complain after its been rejected and take the complaint all the way to the Federal Court. There is currently no one willing to do that.
11. If we accept, then we can still complain about other main stream cinemas and independent cinemas – just not the 5 listed in the exemption.
12. The blindness sector is very worried about the exemption being rejected because it means they are left with nothing too (which is what they currently have).
Reasons why we need to reject this exemption application:
1. It seems to be a very pitiful, small move forward.
2. It prevents individuals from making a complaint about the cinemas for the next 2 years.
3. It could be perceived as ‘giving in’ to the cinemas, giving them time to ‘slack off’ when they could be doing more.
4. There have been around 100 submission to AHRC opposing the exemption. (DF has received 5 emails from its members opposing the exemption).
5. No real commitment to social inclusion in the proposal.
I am opposing the exemption application on the grounds that the business and the movie industries is making a mega profit and they demonstrate that they are not able to listen to the general public and the needs of the community.
We are the voice of the community. The organisations representing our best interest are not able to support what we want because they are being effectively silenced by these big organisations.
Given that in comparison to overseas such as America and England, this exemption is pitiful and is a very small movement for the future. Its not a solid plan for betterment, its about making the least investment for a huge monetary outcome which discriminates against the wider community and people with disability. It spells out that we are not infact important enough investment for the future.
The movies in place do not support majority of Deaf people, they show it on a Friday night, Sunday at 3 pm and then on Wed at 10 am. What normal people can go without their usual Friday night Deaf Club and Sunday at 3 pm is a long way to go to see a movie on a Sunday and then followed by 11 am on a Wed where majority of Deaf people are working.
These are usually in short term and usually shown approximately 1 month after first showing it.
This is a pathetic movement and it says that we are not valued as individuals and it allows them to dictate what is good for them and not take into consideration our needs and our consumer rights to have access to appropriate timing and captioning of movies in the cinema.
This is not good enough in the face of finances, how much money is made the profits that are made. Usually after a movie is shown in the cinema, most of us wait till the movie is released in DVD to purchase it and watch it a number of times to really understand. Watching a movie is a pleasurable experience for most of the general population, but for us, we need to read the captions and see a bit of the movie and the next movie we watch the movie itself and watch a bit of captions to be able to enjoy the cinematic show, then the third time is where we actually can marry the caption and the movie itself. We are into dual processing but the initial stages are separate because of our cognitive ability is only able to take one or the other… so yes it is pitiful that we must wait for approx 2.5 years and not have complaints against what is happening. They have had plenty of time to do this and investigate this more thoroughly.
I am closing my argument that this is not good enough and sending this before the 5 pm deadline that was not advertised clearly. Only just found out today.
Yours sincerely
Craig Maynard
A dear friend once described me as an angry man. “You!” he said ” Are angry at the world!” I am not really. I do get angry at aspects of it, but I am not angry at it. You see to be angry at the world is to over generalise. The world, by and large, is a great place. The unfortunate thing is that a few people, ignorant people, make simple solutions complicated. Most people get it, it is an irony that the people that need to get it, unfortunately don’t!
Deaf people are speaking out in unison. They have finally had enough of the slow, almost non-existent trickle of progress and are letting people know what they want. I speak, of course, of the campaign to increase captioning in cinemas. The Cinema Industry has applied for a 2.5 year exemption in the need to increase access to captioned cinema. To pacify the deaf and hearing impaired people of Australia they have offered a minimal increase in access. They have offered captioning at 35 cinemas 3 times a week. The way this currently works they only offer captioning for one movie a week and nearly always for off peak movie sessions. This minimal increase is for a potential 4 million customers. If any other industry treated 4 million customers in this way they would be out of business in no time.
… Every word like an unnecessary stain on silence and nothingness
I have written about this before, and I will write about it again because it frustrates the hell out of me. Namely Australia’s deafness sector and Australia’s disability discrimination laws. The sector because it is over represented by a myriad of organisations who work at tangents to each other. The discrimination laws because they are putrid bags of nothing that require us to complain to get anything changed. Putrid because the moment anyone complains against an organisation it immediately creates a putrid air of non-cooperation to the point that it becomes a cesspool of bad blood where there has to be a winner and a loser.
It is twenty years now since I started working at the Deaf Society in Adelaide. In those twenty years I have seen a few things. I had a drug crazed client throw up on my shoe and scream at me that the Aliens were coming through the roof to get him. I have had clients kill themselves by burning down their house. I have assisted clients into work and families to understand and accept and communicate with their deaf kids. It is funny because some years later a few old clients have sought me out on Facebook, just to say hello and thank me. It’s always moving to know you have had some sort of impact and assisted a family or a person to achieve something in life. The positives keep you motivated. And just as well because the negatives are often hard to bear.
I heard a very strange rumour yesterday that Deaf Services Queensland is taking over/going into partnership (Tick which is appropriate.) with Better Hearing Australia, Queensland Branch. I have not been able to confirm what is happening and it may well turn out to be untrue but this is not the point of the article. The point is that when things like this occur it is always the consumers that are last to know. That these organisations exist to support Deaf and hearing impaired consumers is an issue that bypasses the brains of the big-wigs.
Did you know 20 years ago this country fielded it then largest Australian Deaflympic Team of 129 to attend the 1989 Deaflympic Games in New Zealand.