Disability discrimination
As a bankrupt with severe, diagnosed disabilities (Bipolar Disorder and Autism Spectrum Disorder), my experience with SVP Partners has been nothing short of appalling. Their conduct not only demonstrates a shocking lack of empathy but, more critically, a profound and actionable disregard for both the Bankruptcy Act 1966 and the Disability Discrimination Act 1992 (Cth).
Despite providing clear evidence of my severe financial hardship directly stemming from the non-discretionary costs of essential medication and treatment for my conditions, SVP Partners explicitly stated that my illnesses "did not count" for a hardship review under the Bankruptcy Act. This is a direct, legally indefensible contradiction of Section 139T of the Bankruptcy Act, which unequivocally provides for hardship relief based on ongoing medical needs for illness or disability. Their arbitrary dismissal of my recognised disabilities as irrelevant to hardship is a blatant act of discrimination.
Even more shockingly, when faced with my inability to afford vital medication due to their garnishment, their "solution" was to suggest I use Afterpay. To advise a bankrupt to incur more debt for essential healthcare, rather than exercising their statutory duty to alleviate genuine medical hardship, is not just unprofessional; it highlights a breathtaking ignorance of insolvency principles and a cruel indifference to human well-being. Afterpay is debt, not income, and its suggestion only underscores how unreasonable their financial demands are.
This trustee's actions constitute indirect discrimination under the Disability Discrimination Act 1992. Their inflexible garnishment policy, combined with their refusal to acknowledge the specific and substantial financial burdens imposed by my disabilities (including medication, treatment, and the need for emergency funds due to unpredictable health crises, as well as increased daily living costs like prepared meals due to my conditions), disproportionately disadvantages me and other disabled individuals. Their claim that my disabilities "don't count" further establishes direct discrimination through a clear failure to make reasonable adjustments.
If you are a bankrupt, especially one living with a disability or chronic illness requiring ongoing medical expenses, I urge you to exercise extreme caution when considering SVP Partners. Their administration appears to lack both the legal competency and the human compassion required to manage complex situations involving disability and genuine hardship. My experience has led me to pursue formal complaints with relevant regulatory bodies.