The Final Report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, released this Thursday, sets out a strong focus on the human rights of people with a disability. The 5000-page report details the ways people with disabilities are excluded, exploited and abused at individual and institutional levels.
The Commissioners strongly recommend the establishment of a Disability Rights Act (DRA), to be developed in close consultation with people with disability, disability representative groups and other key stakeholders. The Report provides extensive recommendations about the aims, principles and future reviews of DRA. It outlines the sections that such an Act would include: the right to equal recognition before the law, non-discrimination, the right to freedom from exploitation, violence and abuse, right to liberty and security of person, and right to equitable access to health services.
The Report concerned the autonomy of people with disabilities. It emphasised the importance of involving patients in decision-making processes about their care. This involves increasing access to Auslan and spoken language interpreters, as well as supporting decision-making services that help people with disabilities to be involved in their care.
The Report recommends a prohibition of non-therapeutic involuntary sterilisation. Currently, non-therapeutic involuntary sterilisation is legal even without the consent of a patient when ordered or authorised by a court or tribunal. To end this practice, the Commission recommended that sterilisation only occurs where there is a threat to the life of a person with disability or where the person is an adult and has given voluntary and informed consent.
The report volume on inclusive education focussed on increasing participation and accessibility of education for people with a disability. It began by recommending that they create a legal entitlement for students to enrol in mainstream schools, with some commissioners recommending the complete phase-out of special schools. In addition to this, all commissioners recommended increased participation and interchange between mainstream and non-mainstream schools.
The Commission hopes to see increased reporting in all areas of education, as well as increasing the clinical placement opportunities for education students to gain experience teaching children with disabilities.
The Report also found that students with disabilities are often excluded as a form of discipline, and that this should be prohibited. Parents and students should have greater access to information about their rights, and students should begin careers guidance in year 9. This would allow for more collaboration with further education providers and provide work experience opportunities throughout highschool.
Shamefully, people with disabilities are still paid below the minimum wage. The Commission recommends only that a scheme is developed to ensure people with disabilities are paid at least half of the minimum wage. They held off from recommending people are paid at the full minimum wage rates, stating that this may disincentive employers and that people with disabilities would not benefit from the change.
Despite this, they still recommended that the government reform the disability employment services program in codesign with people with disabilities and representative groups. There are also a number of recommendations to increase hiring of people with disabilities in the public sector, and a hopeful note about encouraging inclusive employment in the private sector.
The volume on the criminalisation of disability notes that people with disabilities are often funnelled into police management, particularly after experiencing serious mental ill health. It notes that solitary confinement has serious and irreversible mental health impacts, and that it should be prohibited via legislation.
Another key finding of the Report was that people who are found unfit to be tried due to cognitive or other disabilities often end up in indefinite detention. Since they are unable to be found guilty, they are in a grey zone where they are not considered innocent either. The Commission recommends that a maximum term of detention should be clearly defined, and that this should not exceed the sentence that a person found guilty of such a crime would face.
In a separate volume on First Nations people with a disability, the Commission highlighted that First Nations people have an understanding of disability that does not easily align with Western concepts. Particularly as a western understanding of disability concerns an individual’s impairment rather than assessing the wellbeing of a community, it is clear that First Nations people require cultural safety when interacting with the disability sector.
In remote and very remote communities, the NDIS does not operate to an adequate extent. Funding must be increased so that people across Australia can access adequate care, no matter where they are. First Nations people also face barriers when applying to the NDIS and obtaining evidence of their disability. The Commission therefore suggested modifying eligibility criteria where people have difficulties accessing culturally safe and competent assessments.
A final recommendation of the Commission was to increase accessibility of independent oversight and complaint mechanisms. This included allowing community visitors to monitor services and facilities to prevent violence against and abuse, neglect and exploitation of people with a disability. Finally, it was recommended that the government introduce safeguarding laws to protect people with disabilities and empower them to have more autonomy.
“We welcome the Disability Royal Commission’s findings and recommendations. Ending segregation of disabled students is long overdue in both education and employment. The appalling gross underpayment below minimum wage allowed under Australian Disability Enterprises (AED) is a disgrace that must be phased out immediately.” Khanh Tran, Disabilities Officer at the SRC, told Honi.
“The Albanese government says that implementation will be gradual. However, given serious lack of progress on past Royal Commissions including into Indigenous Deaths in Custody and Robodebt, we cannot unconditionally trust Labor to implement the recommendations. Labor and the Coalition must be held to account and we must mobilise together to ensure that justice is achieved.”