11.1
The commencement of the Commission marked an important point in the progress of respect for and upholding of the rights of people with disability in Australia. The NDIS has been life-changing for many people with disabilities, and its rights-based principles of upholding choice and control are fundamental to ensuring that people with disabilities are centred and respected in the NDIS system, and able to make choices about their own lives. Alongside on these principles, however, are the risks that come with having the freedom to choose how you will be supported and by whom. While the committee recognises that disability does not, of itself, mean that a person is vulnerable or at-risk, vulnerable people with disability continue to be significantly more likely to be subject to violence, or to be abused, neglected or exploited.
11.2
Safety for people with disability also encompasses much more than regulating the provision of disability supports. During this inquiry the committee has heard evidence regarding the performance of the Commission to date, and suggestions of ways to improve the effectiveness of the Commission's work. However, the committee recognises measures to ensure that people with disability are included in their communities may have a far greater impact on the safety of people with disability than the regulatory oversight work of the Commission.
11.5
The committee also recognises that this inquiry has been conducted early in the implementation of the Commission. Over the course of the inquiry the Commission has demonstrated that it is open to change and continuing to listen to people with disability, their advocates and the sector and to adapting its processes in response. Nevertheless, it is clear that work by the Commission and all Australian governments needs to continue to identify safeguarding gaps and quickly address them. The review of the NDIS Quality and Safeguarding Framework is crucial to this work, and, in addition to its specific recommendations, the committee urges the Government to carefully consider all matters raised in this report in that review.
11.6
The urgency of this work is clear, with the death of Ms Ann-Marie Smith being just one devastating example of the consequences for people with disability when the safeguarding system fails them. As described by the Hon Alan Robertson SC in his report on the circumstances surrounding the death of Ms Smith, the safety and well-being of individual participants in the NDIS is the object of the entire system. It is crucial to continue to build on the NDIS safeguarding system to ensure that participants are supported to be safe and live with dignity.
11.7
The committee will continue to monitor the work of the Commission and may take up particular elements of the Commission's work in future inquiries.