LIST OF RECOMMENDATIONS

LIST OF RECOMMENDATIONS

A Royal Commission

Recommendation 1

10.10    The committee recommends that a Royal Commission into violence, abuse and neglect of people with disability be called, with terms of reference to be determined in consultation with people with disability, their families and supporters, and disability organisations.

National disability complaints mechanism

Recommendation 2

10.16    The committee recommends the Australian Government consider the establishment of a national system for reporting and investigating and eliminating violence, abuse and neglect of people with a disability, which should, at a minimum:

10.17  These elements are best implemented through the establishment of a national, independent, statutory protection watchdog that has broad functions and powers to protect, investigate and enforce findings related to situations of violence, abuse and neglect of people with disability.

National workforce and workplace regulation

Recommendation 3

10.26    The committee recommends the Australian Government establish a scheme to ensure national consistency in disability worker training, to include the elements of:

Recommendation 4

10.27    The committee recommends the Australian Government consider establishing a disability worker registration scheme, to include the elements of:

10.28  The registration worker scheme will be best overseen by the national disability watchdog.

Recommendation 5

10.29    The committee recommends the Australian Government consider establishing a national approach to modify state and territory and Commonwealth service delivery accreditation programs, to:

10.30  The changes to accreditation schemes will be best overseen by the national disability watchdog.

Access to justice

Recommendation 6

10.32    The committee recommends the Australian Government work with state and territory governments on the implementation of initiatives to improve access to justice for people with disability contained in the reports by the Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws,  the  Human Rights Commission, Equal Before the Law and Productivity Commission, Access to Justice Arrangements, with particular focus on:

Recommendation 7

10.33    The committee also recommends that each state and territory implement a Disability Justice Plan.

Recommendation 8

10.34    The committee believes that there is a need for further investigation of access to justice issues, with a focus on:

State and Territory reporting and investigating

Recommendation 9

10.38    The committee recommends the Australian Government work with state and territory governments on a nationally consistent approach to existing state and territory disability oversight mechanisms, to include;

10.39   A nationally consistent approach to disability oversight mechanisms is best overseen by the national disability watchdog.

The right to self-determination

Recommendation 10

10.41    The committee recommends that the Australian Government consider driving a nationally consistent move away from substitute decision-making towards supported decision-making models.

Recommendation 11

10.44    The committee recommends that the Australian Government work with state and territory governments to consider implementing the recommendations of the Australian Law Reform Commission report Equality, Capacity and Disability in Commonwealth Laws, in relation to legal capacity and supported decision-making.

Recommendation 12

10.45    The committee recommends the Australian Government work with state and territory governments to create national consistency in the administration of guardianship laws to ensure:

The right to risk

Recommendation 13

10.48    The committee recommends state and territory and Commonwealth service delivery accreditation programs should be modified to impose additional requirements for positive life outcomes for individual people with disability, rather than a singular focus on the avoidance of negative outcomes. The committee recommends this work is best overseen by the national disability watchdog.

Counselling and support services

Recommendation 14

10.50    The committee recommends all levels of government provide increased funding for support and counselling services. This should be to create specialist disability counselling services where required, as well as to mainstream organisations so they may meet the needs of people with disability.

Advocacy

Recommendation 15

10.52    The committee recommends all levels of government acknowledge the vital role that formal and informal advocacy plays in addressing violence, abuse and neglect of people with disability, by considering:

Recommendation 16

10.53    The committee recommends the National Disability Advocacy Program implement the following recommendations:

National Disability Insurance Scheme

Recommendation 17

10.55    The committee recommends of the Government consider the following when rolling out the National Disability Insurance Scheme (NDIS):

Restrictive practice

Recommendation 18

10.58    The committee recommends the Australian Government work with state and territory governments to implement a national zero-tolerance approach to eliminate restrictive practice in all service delivery contexts. This would entail:

Recommendation 19

10.59    The committee believes that the use of restrictive practice against children must be eliminated as a national priority. The committee recommends the Australian Government work with state and territory governments to implement a zero-tolerance approach to restrictive practice in a schools context, which should include:

Housing options

Recommendation 20

10.62    The committee recommends the Australian Government work with state and territory governments to consider the principle that there should be no enforced shared accommodation for people with disability.

Recommendation 21

10.63    The committee encourages increased resources for public and social housing for people with disability, including models where people with disability may choose to cohabitate with other people with a disability or abled people. The goal being to achieve a move away from institutions and forced congregate housing models.

Recommendation 22

10.64    The committee recommends all accommodation and service delivery funding agreements should have a mandatory gender-sensitivity requirement, particularly that people with disability must have a choice as to the gender of who provides intimate forms of care.

Schools

Recommendation 23

10.66    The committee recommends the Australian Government work in collaboration with the states and territories to address the needs of children and young people with disability in schools to:

Recognition of disability in protective policy

Recommendation 24

10.68    The committee recommends that the Australian Government consider amending the following protective policies to include the specific needs of people with disability, to ensure that people with disability are afforded the full range of rights protections that are available to people without disability:

Data

Recommendation 25

10.74    The committee recommends that the Australian Bureau of Statistics ensures all of its surveys are inclusive of people with disability. The committee further recommends that the Australian Government commits additional funding to ensure the triennial survey of Disability, Ageing and Carers and the Personal Safety Survey include the collection of data on the prevalence of violence, abuse and neglect against people with disability. This data should include the following information:

Recommendation 26

10.76    The committee recommends that the National Disability Strategy Progress Report should include specific data on Aboriginal and Torres Strait Islander peoples with disability.

Recommendation 27

10.77    The committee recommends that the Department of Social Services publish data relating to the National Disability Abuse and Neglect Hotline on its website every six months. This data should include the following information:

Recommendation 28

10.78    The committee recommends that the Australian Institute of Health and Welfare's annual report Child Protection in Australia should disaggregate data on the basis of disability.

Recommendation 29

10.79    The committee recommends that finalisation of the Child Protection National Minimum Data Sets should be prioritised as this additional data will be a useful addition to policy makers and service providers in this area.

International Human Rights

Recommendation 30

10.80    The committee recommends the Commonwealth review the reports of the United Nations Committee on the Rights of Persons with Disabilities, with a view to giving effect to recommendations that would improve Australia's adherence to the human rights obligations that have been voluntarily undertaken.

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