Report

Violence, abuse and neglect against people with disability in institutional and residential settings, including the gender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability

25 November 2015

View the report as a single document - (PDF 2857KB)

View the report as separate downloadable parts:

MEMBERSHIP OF THE COMMITTEE	(PDF 27KB)
ABBREVIATIONS	(PDF 23KB)
LIST OF RECOMMENDATIONS	(PDF 174KB)
A Royal Commission National disability complaints mechanism National workforce and workplace regulation Access to justice State and Territory reporting and investigating The right to self-determination The right to risk Counselling and support services Advocacy National Disability Insurance Scheme Restrictive practice Housing options Schools Recognition of disability in protective policy Data International Human Rights
Executive Summary	(PDF 292KB)
Chapter 1 - Introduction	(PDF 110KB)
Establishment of the inquiry The structure of the report Key concepts Figure 1.1: All Persons, Disability status and living arrangements
Chapter 2 - International and national frameworks	(PDF 254KB)
Australia's international law obligations Commonwealth, state and territory roles and responsibilities Figure 2.1: National Disability Agreement Specific Purpose Payments, states and territories, 2014–19. Oversight and complaints reporting mechanisms Recent disability‑related inquiries and reports Data on violence, abuse and neglect
Chapter 3 - Lived experience of violence, abuse and neglect	(PDF 431KB)
Introduction Experiences of violence, abuse and neglect: General community Experiences of violence, abuse and neglect: Institutions and residential settings Experiences of violence, abuse and neglect: Schools Image 1: Child with autism being physically restrained in a purpose built chair. Concluding committee view
Chapter 4 - Disability-specific interventions	(PDF 442KB)
Introduction Defining legal incapacity Disability specific lawful violence Guardianship Restrictive Practice Table 4.1: Summary of relevant legislation and policies relating to the use of restrictive practices in all Australian jurisdictions Image 4.1: A "safe room" in use at a Victorian public school at time of submission to inquiry Image 4.2: A fenced seclusion area visible from the school playground
Chapter 5 - Reporting and investigating	(PDF 316KB)
Reporting allegations of abuse, violence and neglect Table 5.1: Reporting requirements of serious or critical incidents for funded disability service providers Table 5.2: External complaints, investigation/dispute resolution bodies for people with disability Figure 5.1: Disability Act complaint pathways in Victoria Table 5.3: Community visitor programs by jurisdiction
Chapter 6 - Access to justice	(PDF 220KB)
Access to justice Barriers and challenges Strategies to address barriers Needs of specific groups
Chapter 7 - Advocacy	(PDF 212KB)
Table 7.1: Real government direct service delivery expenditure on advocacy, information and print disability services, 2013-14 ($'000) Self-advocacy Informal Advocacy Advocacy under the NDIS
Chapter 8 - Risk factors and causes	(PDF 212KB)
Systemic issues Cultural attitudes Individual worker issues Individual workplace issues
Chapter 9 - National Disability Insurance Scheme	(PDF 157KB)
NDIS coverage Self-directed disability support Unit pricing Consultation paper on a quality and safeguarding framework
Chapter 10 - Recommendations	(PDF 83KB)
Headline recommendations Other recommendations
Additional Comments—Coalition Senators	(PDF 9KB)
APPENDIX 1 - Submissions and additional information received by the Committee	(PDF 49KB)
APPENDIX 2 - Public hearings	(PDF 23KB)
APPENDIX 3 - Summary of key recommendations from previous reports	(PDF 53KB)
Australian Law Reform Commission Australian Human Rights Commission Productivity Commission

Committee Secretariat contact:

Committee Secretary
Senate Standing Committees on Community Affairs
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3515
community.affairs.sen@aph.gov.au

On 11 February 2015, the Senate referred the following matter to the Senate Community Affairs References Committee for inquiry and report:

Violence, abuse and neglect against people with disability in institutional and residential settings, including the gender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability.

The terms of reference are:

the experiences of people directly or indirectly affected by violence, abuse and neglect perpetrated against people with disability in institutional and residential contexts;
the impact of violence, abuse and neglect on people with disability, their families, advocates, support persons, current and former staff and Australian society as a whole;
the incidence and prevalence of all forms of violence, abuse and neglect perpetrated against people with disability in institutional and residential settings;
the responses to violence, abuse and neglect against people with disability, as well as to whistleblowers, by every organisational level of institutions and residential settings, including governance, risk management and reporting practices;
the different legal, regulatory, policy, governance and data collection frameworks and practices across the Commonwealth, states and territories to address and prevent violence, abuse and neglect against people with disability;
Australia’s compliance with its international obligations as they apply to the rights of people with disability;
role and challenges of formal and informal disability advocacy in preventing and responding to violence, abuse and neglect against people with disability;
what should be done to eliminate barriers for responding to violence, abuse and neglect perpetrated against people with disability in institutional and residential settings, including addressing failures in, and barriers to, reporting, investigating and responding to allegations and incidents of violence and abuse;
what needs to be done to protect people with disability from violence, abuse and neglect in institutional and residential settings in the future, including best practice in regards to prevention, effective reporting and responses;
identifying the systemic workforce issues contributing to the violence, abuse and neglect of people with disability and how these can be addressed;
the role of the Commonwealth, states and territories in preventing violence and abuse against people with disability;
the challenges that arise from moving towards an individualised funding arrangement, like the National Disability Insurance Scheme, including the capacity of service providers to identify, respond to and prevent instances of violence, abuse and neglect against people with disability; and
what elements are required in a national quality framework that can safeguard people with disability from violence, abuse and neglect in institutional and residential settings.

2. That for this inquiry:

‘institutional and residential settings’ is broadly defined to include the types of institutions that people with disability often experience, including, but not restricted to: residential institutions; boarding houses; group homes; workplaces; respite care services; day centres; recreation programs; mental health facilities; hostels; supported accommodation; prisons; schools; out-of-home care; special schools; boarding schools; school buses; hospitals; juvenile justice facilities; disability services; and aged care facilities; and
‘violence, abuse and neglect’ is broadly understood to include, but is not limited to: domestic, family and interpersonal violence; physical and sexual violence and abuse; psychological or emotional harm and abuse; constraints and restrictive practices; forced treatments and interventions; humiliation and harassment; financial abuse; violations of privacy; systemic abuse; physical and emotional neglect; passive neglect; and wilful deprivation.

Submissions were sought by 29 June 2015. The reporting date is 24 June 2015. On 25 March 2015, the Senate granted an extension of time for reporting until 16 September 2015. On 9 September 2015, the Senate granted an extension of time for reporting until 11 November 2015. On 11 November 2015, the Senate granted an extension of time for reporting until 25 November 2015.

Easy English guide to this inquiry (PDF 813KB)

Easy English guide to making a submission (PDF 751KB)

Past Public Hearings

16 Oct 2015: Brisbane
28 Aug 2015: Adelaide
27 Aug 2015: Sydney Airport

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