An overview of the key takeaway points for service providers can be found here.
Commonwealth Response
On Wednesday, 31 July 2024, the Commonwealth released its response to the Royal Commission Final Report. Of the 222 recommendations, 172 recommendations were identified as being within the Commonwealth’s primary or shared responsibility, meaning the government will be responsible for working to implement any change, (eventually) if it chooses to do so. The remaining recommendations – according to the government response – fall outside the Commonwealth’s areas of responsibility; for example changes to guardianship laws will be an area for legislative reform at a state level.
The Commonwealth has so far accepted 13 recommendations in full, accepted 117 recommendations in principle, resolved to further consider 36 recommendations, and noted 6 further recommendations.
Many of the most contentious and significant recommendations (including phasing out segregated employment, special schools and group homes, establishing a Department of Equality and Inclusion, and establishing a Disability Rights Act) are yet to be accepted.
Amendments to key pieces of legislation have been accepted in principle such as changes to sections concerning disability under the Fair Work Act 2009 and the Disability Discrimination Act 1992.
The Commonwealth government has stated it will continue to publish responses to outstanding recommendations as work progresses, with implementation to occur in prioritised stages.
Industry responses
Stakeholders in the disability sector have expressed significant concern and disappointment in the lack of commitment in the Commonwealth response to the Royal Commission’s Final Report.
A joint statement endorsed by 12 peak disability bodies expressed significant concern and disappointment with the lack of concrete commitment in the government response.[1] These peak bodies were People with Disability Australia (PWDA), Australian Autism Alliance (AAA), Australian Federation of Disability Organisations (AFDO), Children and Young People with Disability Australia (CYDA), Community Mental Health Australia (CMHA), Disability Advocacy Network Australia (DANA), Down Syndrome Australia (DSA), First Peoples Disability Network Australia (FPDN), Inclusion Australia (IA), National Ethnic Disability Alliance (NEDA), Physical Disability Australia (PDA), and Women With Disabilities Australia (WWDA).
National Disability Services (NDS) is Australia’s peak body for non-government disability service organisation, representing over 1,000 non-government service providers. The NDS provided an update describing the response as ‘a significant step towards comprehensive reform’ but also stated ‘it is clear that there is considerable work still to be done to ensure the recommendations are implemented effectively’.[2]
Other Reviews and Reforms
The Disability Royal Commission, and the Commonwealth’s initial and ongoing response, are not the only areas to watch in the disability space.
- All Australian state and territory governments have agreed to report twice a year to the Disability Reform Ministerial Council, and the Australian public, on the implementation of recommendations.[3] At this stage the date of the first report to the DRMC has not been announced.
- Alongside the Disability Royal Commission, the Parliamentary Joint Committee into Australia’s Human Rights Framework (PJCHR) which released its inquiry report in May 2024, has recommended establishing a disability rights act.
- On 1 January 2024, the Disability and Inclusion Act 2023 commenced, replacing the Disability Services Act 1986. This new act introduced additional quality and safeguarding requirements for supports provided outside the National Disability Insurance Scheme (NDIS).
- The Commonwealth will continue reviewing Australia’s Disability Strategy 2021–2031 to formulate policy on matters effecting people with disabilities.
Authored by Practice Leader, David McMullen and Law Graduate, Ryan Hewitt.
[1] https://pwd.org.au/government-response-to-violence-against-people-with-disability-deeply-disappointing/
[2] https://nds.org.au/news/governments-formally-respond-to-disability-royal-commission
[3] Joint statement on Australian, State and Territory response to the Royal Commission into violence, abuse, neglect and exploitation of people with disability | Department of Social Services Ministers (dss.gov.au)
