Disability Royal Commission: the Federal Government response

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was established in April 2019. Nearly 10,000 people shared their experience of violence, abuse, neglect and exploitation through making online submissions, at public hearing or taking part in private sessions. Released on 29 September last year, the Final Report subsequently made 222 recommendations in respect of necessary changes to the laws, policies, structures and practices that affect people living with disability, their family and carers, advocates and service providers.

Six Commissioners were appointed to represent diverse backgrounds and experience: Ronald Sackville KC (Chair), and Commissioners Barbara Bennett, Rhonda Galbally, Andrea Mason, Alastair McEwin, and John Ryan.

The approximately $600 million Royal Commission’s terms of reference were wide-ranging, with the goal of inquiring what governments, institutions and the community should do to prevent and better protect people with disability from experiencing all forms of violence, abuse, neglect and exploitation, across all settings and contexts.

In the Federal Government’s response this week, the call for a Disability Rights Act was not accepted, nor was the creation of a Federal Disability Department. Additionally, the government has not committed to phasing out special schools, group homes and segregated employment. A new complaints mechanism and an improved minimum wage were both marked as “needing further consideration”.

The government has assigned 36 recommendations as “for further consideration”, and six recommendations were noted, but considered to be outside the federal government’s responsibility.

Tahlia-Rose Vanissum is the National Policy and Systemic Advocacy Manager for the First Peoples Disability Network (FPDN).

She says it was extremely difficult for many members of the First Nations community to take part in the Royal Commission process.

“FPDN supported many people to give evidence at the Royal Commission, as well as providing our own. The institutional limitations of the very model of a Royal Commission were concerning for many members of our community, who have been victimised by institutional settings their entire lives,” she says.

“This week’s response from the Australian Government has not met those expectations, and it is another disappointing let down to a community that has experienced so many, especially over the past 12 months.”

Recommendations accepted in principle include those to strengthen the Disability Discrimination Act, and improve access to information and interpreters, including Auslan.

Vanissum tells LSJ, “There are 57 recommendations that FPDN considers to be most relevant to our community, and of those only one was accepted outright, 32 in principle, 7 are subject to further consultation and 17 are considered ‘outside of its responsibility’.”

Vanissum says the most important recommendations to the First Nations community, beyond broader rights and justice reforms, are:

• Block funding the community-controlled sector
• First Nations representation on the NDIA Board
• Participation in cultural life and
• A First Nations Disability Forum

All were agreed in principle.

She says, “We remain at an impasse, being open to partnership but not adequately funded to do so. We are calling for legislatively protected representation and supports to participate in cultural life, only for these calls to be fundamentally misunderstood and tossed aside by the government response.”

Vanissum refutes the claim by the Federal Government that it does not have responsibility for 17 recommendations and reforms.

“The Commonwealth co-chairs the highest-level mechanism we have for a coordinated and joint approach to justice policy for First Nations people, known as the Closing the Gap Justice Policy Partnership,” she says.

Recommendations that she points to as the obligations of Australian governments under the Closing the Gap Disability Sector Strengthening Plan include:

• Recommendation 8.12: Implementation of National Principles Relating to Persons Unfit to Plead or Not Guilty by Reason of Cognitive or Mental Health Impairment
• Recommendation 8.14: National practice guidelines for screening in custody
• Recommendation 8.15: Policies and practices on screening, identifying and diagnosing disability in custody (consistent with National guidelines)
• Recommendation 8.16: Support for First Nations organisations to people in custody
• Recommendation 8.21: Diversion of people with cognitive disability from criminal proceedings

Social Services Minister Amanda Rishworth told media in Sydney on 31 July, “Our government is absolutely committed to the vision set out in the Disability Royal Commission and to enabling policy and delivering services that realises the vision of an Australian community where people with disability are free from violence, abuse, neglect and exploitation.”

Both federal and state governments are now required to submit six-monthly reports on progress in implementing recommendations, including an annual update to the National Cabinet.

The initial response has been assigned $369 million, including $227.6 million for an employment program that had been announced in the 2024 federal budget, $12 million to amend the Migration Health Requirement, and $20 million for “grassroots efforts to improve community attitudes around disability.”

Criminal justice and people with disability

The Federal Government accepted responsibility, shared or primary, for 10 of the 24 recommendations regarding people with disability in contact with the criminal justice system.

The government accepted in principle the recommendations relating to educating law enforcement, improving NDIA integration with services to those in custody and upon release. According to the government response, “The Australian Federal Police (AFP) is developing a Disability Action Plan to continuously improve its approach to people with disability and mental illness. The AFP has also made improvements on its website and online reporting mechanisms to ensure these are accessible for people with disability.”

In total, 13 recommendations applied to First Nations people with disability, their families, carers, communities and supporters. The Federal Government has primary or shared responsibility for 10 of those recommendations, only one of which was accepted completely.

The government has committed to expand the NDIS community connector programs, and accepted in principle NDIS funding for First Nations community controlled organisations, First Nations representation on the NDIA Board, funding for family supports, disability-inclusive cultural safety standards, and remote workforce development.

Their response reads, “Governments are committed to working with FPDN through 2024 to strengthen implementation of the current Disability Sector Strengthening Plan to enable improved outcomes against the existing actions.”

Vanissum told LSJ in response, “The government’s response fails to connect findings and recommendations that have been released since the Royal Commission, such as the independent review of the NDIS, the Productivity Commission’s Review of the National Agreement on Closing the Gap, the independent review of the National Legal Assistance Partnership, or consider emerging and high-profile community concerns.”

“There is no new funding to alleviate the disproportionate burden of and need for specialised front line Aboriginal community-controlled legal and violence prevention services, despite the Royal Commission fundings that First Nations women with disability are at the highest risk of violence, neglect and exploitation.”

The government took responsibility for 12 of 18 recommendations made on independent oversight and complaint mechanisms. Many of the recommendations around safeguarding, transparency over deaths of disabled people, integrating community visitor schemes, and enshrining key elements of the Optional Protocol to the Convention against Torture (OPCAT) in legislation remain “accept in principle.”

Where to from here?

“Having a dedicated Minister for Disability would have represented a significant step forward in unifying a historically disconnected and failing disability ecosystem,” Vanissum says.

“The continual disconnect between the NDIS and ‘mainstream’ disability programs represents the boundaries of current and historical ministerial authorities and departmental responsibilities.”

The Disability Reform Ministerial Council (DRMC) has responsibility for monitoring and overseeing the implementation of Disability Royal Commission recommendations. DRMC will report annually to National Cabinet on the implementation of Disability Royal Commission recommendations, including Ministerial Councils reporting on progress made on recommendations within their responsibility.

The 2023-24 Budget committed $31.4 million to deliver the National Disability Data Asset, which claims to streamline and improve disability data collection. The government has acknowledged that shortages and failures to collect data, and relevant data, has stymied improvements to services and conditions for people with disabilities.

Vanissum says, “We are ready to work together, in partnership with a government that upholds its commitments under the National Agreement on Closing the Gap. This means providing dedicated funding for us to come to the table, as equal partners in a shared decision-making journey that prioritises the self-determination of First Nations people with disability.”