Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
- An inquiry into what governments, institutions and the community should do to prevent and better protect people with disability from experiencing violence, abuse, neglect and exploitation in all settings and contexts.
- Reviewed the experience of people with disability from specific groups including First Nations people and those from culturally and linguistically diverse communities.
- A strong focus on the human rights of people with disability.
The Final Report
- The final report made public on 29 September 2023 sets out recommendations and a vision for a more inclusive society that supports the independence of people with disability.
- It has 12 volumes and 222 recommendations.
- Federal and State Governments now have 6 months to review and respond – due 31 March 2024.
Recommendations
- Recommends changes to Policy, Practice and Systems within disability services.
- It does not make recommendations specifically about service providers.
- Any changes required to be made by providers will be in response to policy or legislative changes which may be introduced.
Human Rights Focus
- Emphasis on people with disability having control and choice over the services they receive.
- The United Nations Convention on the Rights of Persons with Disabilities that Australia is signatory to, be codified into Australian Law so that it is enforceable in practice.
- Introduction of an Australian Disability Rights Act and a new Disability Commission.
- A new Ministerial Portfolio for Disability Inclusion.
- NDIS Quality and Safeguards Commission to support service providers to embed Human Rights into the design and delivery of their services (1 July 2025)
- Enable providers to prepare for and demonstrate compliance with legislative requirements associated with the rights of people with disability – currently Disability Discrimination Act and the proposed new Disability Rights Act.
Changes to NDIS Quality and Safeguards Commission
- Improve its internal procedures for monitoring reportable incidents.
- Develop model procedures for providers around incident reporting and management, and complaints handling.
- Simplifying provider registration processes.
- Improve access to behaviour support practitioners.
- Strengthened monitoring, compliance and enforcement powers.
Other Considerations
- A National Disability Support Worker registration scheme by 1 July 2028.
- Introduction of a code of conduct and minimum standards for registration.
- Provider of last resort to address issues in remote areas where services are limited.
- Greater emphasis on supported decision making including amending the NDIS Quality indicators and the development of a practice guide for providers on this topic.
- A Redress scheme where the Quality and Safeguards Commission considers that a provider bears responsibility for the violence, abuse, neglect or exploitation of a participant.
The content of this article is intended to provide a general overview and guide on key takeaways that might be of interest. Specialist advice should always be sought about your specific circumstances. If you would like to access the full report please go to https://disability.royalcommission.gov.au/
