On 31 July 2024 both the Australian and South Australian Governments released responses to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
It has been just over 10 months since the Disability Royal Commission released its final report. The report was the culmination of four and a half years of hearings, research and evidence – setting out 222 recommendations to better prevent and respond to violence, abuse, neglect and exploitation of people with disability in Australia.
The report put forth a strong case for reform, with disability advocates and the community eagerly anticipating governments’ response.
Those responses have now been handed down. Unfortunately, only a mere 13 of the 222 recommendations have been fully accepted, and some of the key recommendations relating to supporting children and young people with disability have been overlooked.
In this week’s blog, we begin to unpack the federal and state government’s responses.
The Disability Royal Commission
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability released its final report in September 2023.
At the heart of the report is a vision for the future; led by the voices and experiences of people with disability, and centred around embedding a human rights approach throughout our society that genuinely values the lives of people with disability and promotes inclusion for people of all abilities.
To find out more about what the report said about child protection and youth detention – check out The Guardian’s Guide in one of our previous blog posts.
The Australian Government’s response
Of the 222 recommendations, the Australian Government is fully or jointly responsible for implementing 172. So what did they say about the recommendations?
- Only 13 accepted in full
- 117 accepted in principle
- 36 require further consideration
- 6 were noted (not accepted)
They identified four key areas for the first stage of reform:
- Safety – actions to improve the quality of disability services, strengthen safeguards in the community, and better prevent violence, abuse, neglect, and exploitation.
- Rights and anti-discrimination – advancing the rights of people with disability through ongoing law and policy reform, and strengthening on the ground programs that support people with disability to defend and protect their rights.
- Inclusion and access –initiatives to better support inclusion and access, recognising the diverse and intersectional experiences of people with disability and their carers at all life stages.
- Employment – reform across the disability employment ecosystem to boost workforce participation, stamp out discrimination in the workplace, and foster a dynamic and inclusive labour market.
Disappointingly the Australian Government did not accept the Disability Royal Commission’s recommendations relating to:
- Establishment of a Disability Rights Act
- Addressing issues with the interface between the NDIS and criminal justice system
- Phasing out segregated education
Reflecting on this, the Guardian Shona Reid said:
“The Royal Commission’s report was about changing the way we see disability – making sure that children and young people with disability grow in communities that are designed to include them and that they feel they truly belong. While this is a responsibility for everyone, governments must show leadership in this regard.
By not accepting these recommendations the government is missing a key opportunity to enshrine the rights of people with disability, to better support people with disability in contact with the criminal justice system and to uphold children and young people’s rights to accessible and inclusive education.
I will continue to advocate for the rights of children and young people with disability in care and detention at every jurisdictional level. Their voices must be heard, their experiences must be acknowledged, and their rights must be upheld. From my experience, when we don’t – bad stuff happens.”
The South Australian Government’s response
Of the 222 recommendations, the State Government is fully responsible for implementing 44.
At the Guardian’s Office, we are particularly keen to see how the State Government will implement recommendations it has accepted in principle relating to:
- The use of restrictive practices
- Accessible and inclusive mainstream education
- Monitoring, oversight and safeguarding in disability supported residential services
- Prohibiting solitary confinement in youth detention
The State Government has fully accepted recommendations for screening and assessment for disability in youth detention, and disability training for staff in youth detention. However, disappointingly, has not committed to any action – stating that current policies and practices are consistent with the recommendations.
This response is in direct contradiction to observations in the Training Centre Visitor’s 2022-23 Annual Report about the unmet needs of children and young people with disability within the Centre including under-assessment and diagnosis of disability needs, and lack of coordination of NDIS access and supports.
Improvement in this area is so important – as a Department of Human Services screening assessment project in 2019 concluded that nine out of 10 participants had a disability-related need, with a previously unknown (and unmet) disability need identified for more than half of participants (53%). It has also not escaped the notice of children and young people in detention:
“They lock up disability kids up in here, bro. It’s shameful.”
South Australia’s absence of action on these recommendations is compounded by the Australian Government’s rejection of recommendations to address issues with the interface between the NDIS and criminal justice system.
Last, but certainly not least, the State Government has not accepted recommendations to:
- Raise the minimum age of criminal responsibility to 14 years
- Legislate National Preventative Mechanism bodies under the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)
These are key areas of advocacy for the Guardian – you can read more about these in recent blog posts – Raise the Age! Children and young people have their say and OPCAT News.
Shona said:
“The State Government’s response is not just disappointing; it ignores the evidence laid out by the Royal Commission about how our state can uphold the rights of, and promote inclusion for, all children and young people.
The response represents a re-packaging of current activities, without meaningful commitment to real change.
I call on the State Government to reconsider its response to the relevant recommendations, to engage deeply with the experiences behind these recommendations, and to be bold in its approach to this important reform.
For people within our community with disability, I would encourage you to keep sharing your stories and experiences, and to not lose hope. There is power in your voices.
As a community, and as advocates for children and young people with disability, it is our job to listen to their voices and experiences, and to act. It is clear that there is more work to do.”
You can read the Australian Government’s response to the Disability Royal Commission here and the South Australian Government’s response here. Both websites include accessible and easy-read summaries.
