Victorian Government response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

Acknowledgement of Country

We proudly acknowledge the First Peoples of Victoria as the Traditional Owners and custodians of the land, waters and skies on which we live and work. We honour and pay our respects to Elders past and present.

We recognise the strength and resilience of First Peoples in the face of historical and ongoing injustices, and the survival of their living cultures, knowledges and traditions. We also acknowledge the experiences and contributions of First Peoples with disability, and the crucial role of their families, communities and caregivers.

Pursuit of Treaty and Truth

The Victorian Government recognises that First Peoples have endured historical and ongoing injustices, including racism and discrimination, and have been excluded from social and economic opportunities.

We acknowledge that the systems and structures of colonisation have caused harm to First Peoples, including First Peoples with disability. We know we still have much to learn about the intersection of ableism, racism, dispossession and colonisation.

In working towards Treaty, we are committed to acknowledging the truth of Victoria’s past and present through the work of the Yoorrook Justice Commission and the lived experience of First Peoples.

We know Truth and Treaty seek to enable self-determination for First Peoples in Victoria, including Traditional Owners. Victoria’s pathway to Treaty recognises that First Peoples are best placed make decisions about their own futures.

We will continue to listen and learn as we move forward with a shared understanding of our past and our present, and work together towards better outcomes for all Victorians.

Language statement

The words ‘our’ and ‘we’ in this document refer to the Victorian Government.

People with disability talk about their disability and their identity in different ways. In this document, we use person-first language. For example, we say ‘people with disability’. The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) uses this language. Inclusive Victoria: state disability plan 2022–2026 also uses this language.

We know many people prefer to use identity-first language. For example, they say ‘disabled people’. We also know many people in the Deaf community do not identify as people with disability. Instead, they see themselves as a distinct cultural and linguistic group. We acknowledge disability means different things to different people.

We recognise the diversity of First Peoples, communities and cultures throughout Victoria. The First Peoples of south-east Australia sometimes use the words ‘Koorie’ or ‘Koori’ to describe themselves. In this document, we use the terms ‘First Peoples,’ ‘First Nations’ or ‘Aboriginal people’. This includes all Aboriginal and Torres Strait Islander peoples living in Victoria.

We acknowledge there are some writing style inconsistencies in this document. In particular, these relate to capitalisation, italicisation of publication titles and the use of abbreviations as shortened forms of common terms.

These inconsistencies arise due to differences between the way the Disability Royal Commission and the Victorian Government treat these matters.

We have chosen to retain the Disability Royal Commission’s writing style in its recommendations. We have also retained the style used in the joint responses. We did this so as not to alter the text agreed by all jurisdictions.

We have applied the Victorian Government’s writing style guidelines to the Victorian Government responses. We have made some minor exceptions to Victorian Government writing style for the sake of clarity and readability.

As the Victorian Minister for Disability, and on behalf of my ministerial colleagues, I am pleased to present the Victorian Government’s response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission).

The Disability Royal Commission’s final report presents a significant opportunity for all governments to work together to deliver long-lasting transformational change for people with disability.

The Victorian Government acknowledges the findings of the Disability Royal Commission, and the extent of the systemic harm, abuse and discrimination that has been faced by people with disability across the country.

I also want to acknowledge the Victorians with disability who advocated for the establishment of the Disability Royal Commission and who generously shared their experiences with the Commission.

Often at great personal expense, you provided evidence in the hope of realising justice for others. Your voices, and the voices of all people with disability, must remain at the forefront of our work.

The Victorian Government welcomes the opportunity to work closely with people with disability throughout the implementation of our response to the recommendations of the Disability Royal Commission. We recognise that our implementation efforts must reflect your priorities, experiences and expertise.

Implementation of the Disability Royal Commission’s recommendations will require significant and sustained collaborative effort from all governments and the community to deliver the transformative change required.

Victoria continues to advocate for a coordinated and holistic approach to implementing the national disability reforms and for these to be underpinned by meaningful engagement with people with disability.

We can only deliver quality outcomes by working closely with people with disability and taking a coordinated approach to the reforms. This means considering the findings of the Disability Royal Commission alongside the Independent Review into the National Disability Insurance Scheme (‘NDIS Review’) and the National Cabinet agreement in December 2023 to work together to design the Foundational Supports system, among other changes to the NDIS.

Victoria has much to build on to implement the Disability Royal Commission recommendations and broader disability reforms.

Inclusive Victoria: state disability plan 2022-2026 seeks to improve outcomes across all life domains and is transforming the way government works with people with disability through a focus on 6 systemic reforms, including co-design.

The Victorian Government has made significant investment to improve the accessibility and inclusion of our education, transport and health services, as well as our public spaces and social housing. We have implemented legislative reforms to strengthen the rights, protections and safeguards for people with disability in Victoria.

While we have a lot to collectively be proud of in Victoria, the Disability Royal Commission and NDIS Review challenge us to do better.

This is a challenge that all levels of government, service systems and the community must rise to in order to deliver genuine inclusion for people with disability across all areas of society.

The Hon Lizzie Blandthorn
Minister for Disability
Minister for Children

The Disability Royal Commission published its final report on 29 September 2023.

The final report has 222 recommendations. Of these:

• 45 apply to areas in the sole responsibility of Victoria
• 5 apply to individual states that are not Victoria
• 85 apply to areas of joint Commonwealth, state and territory responsibility
• 84 apply to areas of sole Commonwealth responsibility
• 3 apply to areas of joint Commonwealth and non-government agencies’ responsibility.

The Victorian Government accepted most of the recommendations in full, in principle or in part. We will consider a further 22 recommendations, 8 of which are in the sole remit of Victoria.

Victoria has worked in partnership with the Commonwealth and other states and territories. We developed responses to the 85 joint Commonwealth, state and territory recommendations. All states and territories have accepted or accepted in principle most joint recommendations. Victoria has not accepted 1 joint recommendation.

The Commonwealth and all state and territory governments released a joint response on 31 July 2024. Victoria’s response builds on this joint response.

This document sets out the Victorian Government responses. The responses are in the order they come in the Disability Royal Commission’s final report:

• Volume 4: Realising the human rights of people with disability
• Volume 5: Governing for inclusion
• Volume 6: Enabling autonomy and access
• Volume 7: Inclusive education, employment and housing
• Volume 8: Criminal justice and people with disability
• Volume 9: First Nations people with disability
• Volume 10: Disability services
• Volume 11: Independent oversight and complaint mechanisms
• Volume 12: Beyond the Royal Commission.

Note the first recommendation is 4.1. There are no recommendations in volumes 1, 2 or 3 of the final report.

The Disability Royal Commission said Victoria is doing well in several areas. It said these areas are leading examples of disability inclusion.

It commented on Victoria’s Residential Tenancies Act 1997. This Act protects the rights of people living in Specialist Disability Accommodation.

The Disability Royal Commission said that other states and territories should use this Act as a model.

The Disability Royal Commission also commented on another Act. This is Victoria’s Guardianship and Administration Act 2019. It said this Act made important changes to our guardianship system.

The Disability Royal Commission also praised the way we use co-design. This is when people with lived experience help us design and deliver our services.

For example, Victoria is using co-design as it builds its new mental health and wellbeing system.

Work already under way

Victoria’s response will build on work we are already doing.

This includes our state disability plan for 2022 to 2026. This plan is called Inclusive Victoria: state disability plan 2022–26.

Inclusive Victoria: state disability plan 2022-26 sets out 6 focus areas. These focus areas are all things the Disability Royal Commission said we need to do:

• co-design with people with disability
• Aboriginal self-determination
• intersectional approaches
• accessible communications and universal design
• disability confident and inclusive workforces
• effective data and outcomes reporting.

Victoria has already made big investments in the family violence and mental health and wellbeing systems. These investments came about because of Victorian Royal Commissions.

We are improving our education, transport, health and housing systems. This will make it easier for people with disability to get the services they need.

We are strengthening legal protections for people with disability.

We are also working towards Aboriginal self-determination. This includes establishing the Yoorrook Justice Commission and preparing for Treaty.

The Victorian Government will work with people with disability. It will also work with disability representative organisations, services, peak bodies and other stakeholders.

We will focus on:

• Disability Royal Commission recommendations
• NDIS review recommendations
• designing Victoria’s Foundational Supports system
• encouraging co-design across government.

Recommendations for Victoria

Recommendations for other jurisdictions

Overview of positions on all 222 recommendations (including those outside the remit of Victoria)

Overview of positions on the 45 recommendations in the sole remit of Victoria

Recommendation 4.1 Establish a Disability Rights Act

The Australian Government should commit to the enactment of a Disability Rights Act and take the necessary steps to introduce the legislation into Parliament and support its enactment. The necessary steps should include consultation with people with disability, disability representative organisations and other key stakeholders.

Victorian Government response to recommendation 4.1

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.2 Objects of the Disability Rights Act

The objects of the Disability Rights Act should include giving effect to Australia’s obligations under, and the general principles set out in, the Convention on the Rights of Persons with Disabilities.

Victorian Government response to recommendation 4.2

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.3 Principles in the Disability Rights Act

The Disability Rights Act should include a set of guiding principles designed to promote and advance the rights of people with disability in Australia. The Disability Rights Act should require that a person or entity exercising functions under the Act have regard to the principles.

Victorian Government response to recommendation 4.3

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.4 Future review of the Disability Rights Act

1. The Australian Government should ensure that a review of the Disability Rights Act is undertaken in consultation with people with disability within five years of the commencement of the Act. The review should include consideration of:
   • how the Act should be improved
   • the effectiveness of compliance mechanisms
   • the availability of appropriate remedies that meet the needs of people with disability
   • whether and how duties in the Act should be extended or applied to additional persons or entities, including private sector providers under the National Disability Insurance Scheme (NDIS).
2. Commissioners Bennett, Galbally and McEwin alternatively recommend the final point above be considered by the Australian Government as a priority and that these additional duty-holders be included from the commencement of the Act.

Victorian Government response to recommendation 4.4

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.5 The right to non-discrimination and equality before the law

The Disability Rights Act should recognise all human beings are equal in worth and dignity and every person with disability:

1. has the right to enjoy their human rights without discrimination (on the ground of disability or on a combination of protected grounds where one of those grounds is disability)
2. is equal before the law, is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination.

Victorian Government response to recommendation 4.5

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.6 The right to equal recognition before the law

1. The Disability Rights Act should recognise that people with disability have the right to recognition as a person before the law. Accordingly, they have the same rights as other members of the community to make decisions that affect their lives to the full extent of their ability to do so.
2. The Disability Rights Act should recognise:
   • the right of people with disability to access and use supports in making and participating in decisions that affect them, communicating their will and preferences, and developing their decision-making ability
   • the right of people with disability to access and use advocacy services in making and participating in decisions, communicating their will and preferences, and developing their decision-making ability.
3. The Disability Rights Act should define ‘supports’ broadly.
4. The Disability Rights Act should require supports for people with disability from First Nations communities and culturally and linguistically diverse backgrounds to be provided in a way that:
   • recognises that cultural, language and other differences may create barriers to providing the supports
   • addresses those barriers and the needs of those people with disability
   • is informed by consultation with their communities.
5. The definition of ‘advocacy service’ in section 7 of the Disability Services Act 1986 (Cth) should be amended to include a reference to a service that seeks to support people with disability to exercise their rights and freedoms under domestic law, including under the Disability Rights Act. This would be in addition to the existing reference to rights and freedoms under the ‘Disabilities Convention’.

Victorian Government response to recommendation 4.6

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.7 The right to live free from exploitation, violence and abuse

The Disability Rights Act should recognise:

1. people with disability have the right to live free from all forms of exploitation, violence and abuse, including the right to freedom from gender-based violence and abuse
2. people with disability have the right to accessible information and education on how to avoid, recognise and report exploitation, violence and abuse
3. people with disability who are victims of any form of exploitation, violence or abuse have the right to:
   • access protection services that promote the health, welfare, dignity and autonomy of such persons
   • access protection services that are sensitive and responsive to the different needs and experiences of people with disability, due to one or more attributes such as sex; gender identity; sexual orientation; ethnicity; language; race; religion, faith or spirituality; socio-economic status; age; neurodiversity; culture; residency status; geographic disadvantage; and experiences of trauma
   • report allegations of exploitation, violence and abuse, with protection from victimisation for making a report.

Victorian Government response to recommendation 4.7

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.8 The right to liberty and security of person

The Disability Rights Act should recognise every person with disability has the right to liberty and security of person. In particular, no person with disability may be arbitrarily arrested or detained. No person with disability may be deprived of liberty, except on the grounds and in accordance with the procedures established by law.

Victorian Government response to recommendation 4.8

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.9 The right to equitable access to health services

The Disability Rights Act should recognise the right of people with disability to equitable access to health services. This right should include:

1. the right to the same range, quality and standard of free and affordable health care and programs as people without disability
2. the right to exercise choice about healthcare options and between available services
3. the right to access and receive quality health services appropriately adapted or specifically designed to meet the needs of the person with disability
4. the presumption of legal capacity and provision for supported decision-making
5. the right to adjustments required to access services and to receive treatment and care (to the extent that a duty-holder is required to provide adjustments in accordance with the Disability Discrimination Act 1992 (Cth))
6. the right to accessible information
7. the right of First Nations people with disability to receive health care that is culturally safe and recognises the importance of their personal connection to community and Country
8. the right to access health services that are safe, sensitive and responsive to the intersectional needs and experiences of the person with disability, noting that intersectional needs and experiences may be due to a variety of attributes, including sex; gender identity; sexual orientation; ethnicity; language; race; religion, faith or spirituality; socio-economic status; age; neurodiversity; culture; residency status; geographic disadvantage; and experiences of trauma
9. the right to voice opinions and to make complaints about health services.

Victorian Government response to recommendation 4.9

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.10 Public authority conduct

1. The Disability Rights Act should make it unlawful for a ‘public authority’ to:
   • act in a way that is incompatible with a right in the Disability Rights Act
   • fail to give proper consideration to a right where relevant to the decision being made.
2. ‘Public authority’ should be defined to include:
   • a minister of the Australian Government when exercising a statutory power or authority
   • a Commonwealth entity defined in the Public Governance, Performance and Accountability Act 2013 (Cth)
   • an official of a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 (Cth)
   • an individual who is employed by, or engaged in assisting, a Commonwealth entity or a staff member of a Commonwealth entity on behalf of the entity or the Commonwealth
   • a contracted service provider for the Commonwealth when providing goods or services under a Commonwealth contract, as well as an officer or employee of the contracted service provider for the contract, and someone who provides goods and services for the purposes of the contract
   • an individual who is appointed or engaged as an officer or employee of a federal court or tribunal when acting in an administrative capacity
   • other entities prescribed by regulations as public authorities for the purposes of the Disability Rights Act.
3. The Disability Rights Act should provide for a mechanism through which a non-Commonwealth entity could ask the minister to declare that the entity is subject to the obligations of a public authority under the Act and for a register of such entities to be published.

Victorian Government response to recommendation 4.10

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.11 Consultation with people with disability

1. The Disability Rights Act should require Commonwealth entities (as defined in the Public Governance, Performance and Accountability Act 2013 (Cth)), in developing and evaluating policies, laws and programs and in planning new initiatives or making major changes to services that are provided to the public, or have a direct and significant impact on the public, to consult with:
   • people with disability (including disability representative organisations), recognising the special importance of consulting and actively involving First Nations people with disability in issues that affect them
   • children and young people with disability where appropriate, or representatives of children and young people (including, as relevant, disability representative organisations, the National Children’s Commissioner, the Aboriginal and Torres Strait Islander Social Justice Commissioner or equivalents in the states and territories)
   • families, carers and supporters of people with disability (which could include their representative organisations) on issues that will or could affect families, carers and supporters in their caring role.
2. The Disability Rights Act should specify the nature of any consultation required and the consequences of a failure to consult.
3. The Disability Rights Act should provide that the consultation requirement does not give rise to a civil cause of action in any person or organisation.
4. The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) should be amended, or an accompanying legislative instrument be prepared, requiring statements of compatibility accompanying Bills and legislative instruments to provide information about relevant actions taken by Commonwealth entities to comply with the consultation requirement in the Disability Rights Act.

Victorian Government response to recommendation 4.11

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.12 Positive duty to promote disability equality and inclusion

1. The Disability Rights Act should include a requirement for a Commonwealth entity, in the exercise of its functions, to have due regard to the need to take necessary and proportionate action to advance the policy objectives of equality, inclusion and respect for the dignity of people with disability.
2. The requirement in a) should include the Commonwealth entity having due regard to the need to:
   • ensure equality of rights, opportunities, responsibilities and outcomes between people with disability and other members of the Australian community
   • act consistently with its obligations under the Disability Discrimination Act 1992 (Cth), including the duties recommended in Chapter 4 to:
     • take reasonable and proportionate measures to eliminate all forms of discrimination on the grounds of disability
     • make adjustments for people with disability so they can enjoy their human rights without discrimination, unless it would cause an unjustifiable hardship
   • address barriers that disadvantage people with disability, including barriers compounded by a person with disability’s combination of attributes and experiences
   • promote accessibility and universal design, and appropriate remedial action to existing infrastructure
   • address stigma, stereotyping, prejudice, violence, abuse, neglect and exploitation affecting people with disability
   • foster good relations between people with disability and other members of the community.

Victorian Government response to recommendation 4.12

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.13 The duty to provide an interpreter

1. The Disability Rights Act should require Commonwealth entities to provide (arrange and fund) an appropriately trained and credentialed interpreter when required by a person with disability who is accessing or using its services or engaging with its statutory functions. Interpreters may be required in Auslan, First Nations sign languages or spoken languages other than English.
2. The Disability Rights Act should provide that it is not a breach of the above duty if the relevant Commonwealth entity can demonstrate that:
   • there was no appropriately qualified interpreter available after reasonable enquiry
   • the conversation or activity that the interpreter was required for could not reasonably have been undertaken at an alternative time when an interpreter would have been available.

Victorian Government response to recommendation 4.13

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.14 The duty to provide accessible information

The Disability Rights Act should provide that a Commonwealth entity must ensure that its communications are provided in at least two formats accessible to people with disability when:

• publishing public information
• consulting or engaging with persons with disability.

Victorian Government response to recommendation 4.14

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.15 Duties supporting compliance with the Disability Rights Act

To support compliance with the Disability Rights Act, the Act should require Commonwealth entities to:

1. report annually on action they have taken to implement their duties under the Disability Rights Act
2. conduct a disability impact assessment when developing or reviewing any policy or law administered, or program or service provided, by the entity that has a direct and significant impact on the public
3. undertake a self-assessment audit for disability inclusion at least every four years
4. publish their specific and measurable objectives to further the aims of the positive duty to promote disability equality and inclusion at least every four years.

Victorian Government response to recommendation 4.15

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.16 Interpretation of the Disability Rights Act consistently with international human rights

The Disability Rights Act should require interpretation of the Act to be compatible, as far as possible, with the international human rights treaties to which Australia is a party, including the Convention on the Rights of Persons with Disabilities, and with the United Nations Declaration on the Rights of Indigenous Peoples.

Victorian Government response to recommendation 4.16

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.17 Limitations on rights

1. The Disability Rights Act should require that rights in the Act be subject only to such limitations that are reasonable and justified in a free and democratic society based on human dignity, equality and freedom, and taking into account all relevant factors (to be specified in the legislation).
2. The Disability Rights Act should make clear that the right to recognition before the law (see Recommendation 4.6), as an absolute right under international law, is not subject to any limitations.
3. This issue should be subject to consultation prior to enactment of the Disability Rights Act.

Victorian Government response to recommendation 4.17

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.18 Functions of the National Disability Commission to support compliance with the Disability Rights Act

To support compliance with the Disability Rights Act, the Act should provide the National Disability Commission (recommended in Volume 5, Governing for inclusion) with functions and powers to:

1. promote understanding and acceptance of the rights of people with disability under the Act
2. undertake research in relation to the rights and duties under the Act
3. issue guidelines on any matter relating to the Act
4. review a person or entity’s compliance with the Act (or an aspect of the Act) at that person or entity’s request
5. receive complaints or anonymous or confidential reports alleging a contravention of the Act
6. inquire into and report on any act or practice that may be inconsistent with or contrary to the Act
7. require the giving of information and the production of documents during the conduct of a formal inquiry
8. require the examination of witnesses under oath or affirmation during the conduct of a formal inquiry
9. enter into an enforceable undertaking with a person or entity in relation to compliance with the Act (engaging Part 6 of the Regulatory Powers (Standard Provisions) Act 2014 (Cth))
10. issue a compliance notice where the National Disability Commission reasonably believes that the relevant person or entity, without reasonable excuse, has failed to comply with the Act
11. apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia for enforcement of a compliance notice
12. apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia for an injunction (engaging Part 7 of the Regulatory Powers (Standard Provisions) Act 2014 (Cth)) to prevent or stop a contravention of the Act
13. intervene in any proceedings before a court or tribunal that relate to the application or interpretation of the Act.

These functions would be in addition to those recommended for the National Disability Commission in Volume 5, Governing for inclusion, and Volume 12, Beyond the Royal Commission.

The Australian Government should provide the National Disability Commission with dedicated resources to undertake these functions.

Victorian Government response to recommendation 4.18

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.19 Co-design a new complaints mechanism for people with disability

1. The National Disability Commission should co-design its complaints mechanism under the Disability Rights Act with people with disability, taking into account:
   • the national guideline for accessible and responsive complaint handling and investigative practice to be co-designed with people with disability (recommended in Volume 11, Independent oversight and complaint mechanisms)
   • processes to support referrals to police and other regulatory or oversight bodies (noting that Volume 11 recommends a ‘one-stop shop’ independent complaint reporting, referral and support mechanism in each state and territory)
   • key features for effective remedies outlined in this Final report.
2. Acts, omissions or practices that are unlawful under the Disability Rights Act (with the exception of duties supporting compliance with the Act, such as reporting obligations) should be added to the definition of ‘unlawful discrimination’ under section 3(1) of the Australian Human Rights Commission Act 1986 (Cth). This would enable the Australian Human Rights Commission to offer dispute resolution for relevant Disability Rights Act matters alongside related human rights and discrimination complaints involving a public authority.

Victorian Government response to recommendation 4.19

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.20 Enabling remedies through the courts

The Disability Rights Act should establish a standalone cause of action under which:

1. the following persons can bring a claim to the Federal Court of Australia or the Federal Circuit and Family Court of Australia that a relevant duty-holder has acted in contravention of the Disability Rights Act (other than compliance with the consultation requirement, notices of the National Disability Commission, duties supporting compliance with the Act such as reporting and self-audit obligations, and the positive duty to promote disability equality and inclusion):
   • an aggrieved person on their own behalf; an aggrieved person on behalf of themselves and others who are also aggrieved
   • two or more aggrieved persons on behalf of themselves or others who are also aggrieved (a group claim)
   • a person or disability representative organisation on behalf of one or more aggrieved persons (a representative claim)
2. where a claim is brought before a court under a) and the court finds that a person or entity has acted incompatibly with the Disability Rights Act, it can make any order it considers just and appropriate, including damages
3. provisions in relation to costs are aligned with Commonwealth discrimination law, as amended following the 2022–23 review by the Australian Government Attorney-General’s Department.

Victorian Government response to recommendation 4.20

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.21 Strengthening awareness and understanding of disability rights

1. The Disability Rights Act should provide the National Disability Commission with statutory functions to:
   • promote understanding and acceptance, and the public discussion, of the rights of people with disability under the Act
   • develop and deliver guidance materials and educational and training programs in relation to the rights and duties under the Act. Guidance should include how the intersectional experiences and identities of people with disability can affect the ways in which rights are limited or promoted in practice.
2. The National Disability Commission should co-design and co-deliver training programs and resources with people with disability, and with the Australian Human Rights Commission where relevant, to provide a complete picture of human rights protections for people with disability under the Disability Rights Act and the Disability Discrimination Act 1992 (Cth).
3. The Australian Government should provide the National Disability Commission and the Australian Human Rights Commission with dedicated resources to undertake these roles.

Victorian Government response to recommendation 4.21

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.22 Strengthening disability rights protection in state and territory laws

1. States and territories should enact legislation complementary or equivalent to the Australian Disability Rights Act, taking into account their own legal frameworks.
2. The Disability Rights Act should provide that the Act is not intended to exclude or limit the operation of a state or territory law that furthers the objectives of the Convention on the Rights of Persons with Disabilities and is capable of operating concurrently with the Act.

Victorian Government response to recommendation 4.22

We will consider this recommendation further.

Our response will depend on whether the Australian Government enacts a federal Disability Rights Act.

Victoria already has legislative protections that might be covered by such an Act. These include rights under the Charter of Human Rights and Responsibilities Act 2006 (Vic) and protections against discrimination on the basis of disability under the Equal Opportunity Act 2010 (Vic).

We will need to consider how our existing legislation will work with the proposed Act.

This will include any recommendations made by the Parliamentary Joint Committee on Human Rights in its Inquiry into Australia’s Human Rights Framework.

Joint response to recommendation 4.22

Subject to further consideration

The Australian Government and state and territory governments are committed to working with people with disability, their families, carers, supporters and representative organisations to consider the most appropriate and impactful ways to strengthen disability rights protections.

This recommendation is being considered alongside the findings and recommendations of the Parliamentary Joint Committee on Human Rights Inquiry into Australia’s Human Rights Framework.

Recommendation 4.23 Burden of proof in direct discrimination

The Disability Discrimination Act 1992 (Cth) should be amended by inserting new subsections 5(1) and 5(1A). The subsections would read as follows:

1. For the purposes of this Act, a person (the alleged discriminator) directly discriminates against another person (the aggrieved person), if the person treats, or proposes to treat, the aggrieved person unfavourably on the ground of the aggrieved person’s disability.
   1. For the purposes of subsection (1), an alleged discriminator who has treated, or proposes to treat, the aggrieved person unfavourably bears the burden of proving that the treatment or proposed treatment was not on the ground of the aggrieved person’s disability.

Victorian Government response to recommendation 4.23

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.24 Reforming indirect discrimination

The Disability Discrimination Act 1992 (Cth) should be amended by inserting a new subsection 6(3) to substitute existing subsections 6(3) and (4) as follows:

6(3) Subsection (1) or (2) does not apply if avoiding the discrimination would impose an unjustifiable hardship on the alleged discriminator.

Victorian Government response to recommendation 4.24

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.25 Adjustments

The Disability Discrimination Act 1992 (Cth) should be amended by replacing all references to ‘reasonable adjustments’ with ‘adjustments’.

Victorian Government response to recommendation 4.25

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.26 Standalone duty to make adjustments

The Disability Discrimination Act 1992 (Cth) should be amended to include the following provision:

Duty to make adjustments

It is unlawful for a person to fail or refuse to make an adjustment for:

1. a person with a disability; or
2. a group of persons with disability

unless making the adjustment would impose an unjustifiable hardship on the person.

Victorian Government response to recommendation 4.26

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.27 Positive duty to eliminate disability discrimination

The Disability Discrimination Act 1992 (Cth) should be amended to introduce a positive duty on all duty-holders under the Act to eliminate disability discrimination, harassment and victimisation, based on the December 2022 amendments to the Sex Discrimination Act 1984 (Cth):

Duty to eliminate discrimination on the ground of disability

1. A person must take reasonable and proportionate measures to eliminate all forms of discrimination on the ground of disability.
2. In determining whether a measure is reasonable and proportionate the following factors must be considered—
   1. the size of the person’s business or operations;
   2. the nature and circumstances of the person’s business or operations;
   3. the person’s resources;
   4. the person’s business, risk management plans and operational priorities;
   5. the practicability and the cost of the measures;
   6. whether the person has a disability action plan;
   7. nature and extent of the person’s consultation with any person with disability concerned; and
   8. all other relevant facts and circumstances.

Other duties not limited or otherwise affected

3. This section does not limit, or otherwise affect, a duty that a duty-holder has under:
   1. the Work Health and Safety Act 2011 (Cth); or
   2. a law of a State or Territory that deals with work health and safety.

Victorian Government response to recommendation 4.27

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.28 Systemic discrimination

1. Division 4A (ss 35A–35K) of the Australian Human Rights Commission Act 1986 (Cth) should be amended by inserting the words ‘or disability discrimination’ after ‘sex discrimination’ where these words appear.
2. A reference to ‘disability discrimination’ means any conduct that is unlawful under the Disability Discrimination Act 1992 (Cth).

Victorian Government response to recommendation 4.28

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.29 Offensive behaviour

The Disability Discrimination Act 1992 (Cth) should be amended by inserting a new provision:

Section 39A Offensive behaviour because of disability

1. It is unlawful for a person (the first person) to do an act, otherwise than in private, if:
   1. the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and
   2. the act is done because of the disability of the other person or because some or all of the people in the group have or are perceived by the first person to have a disability.
2. For the purposes of subsection (1), an act is taken not to be done in private if it:
   1. causes words, sounds, images or writing to be communicated to the public; or
   2. is done in a public place; or
   3. is done in the sight or hearing of people who are in a public place.
3. In this section:
   public place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

Victorian Government response to recommendation 4.29

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.30 Vilification because of disability

1. The Disability Discrimination Act 1992 (Cth) should be amended by inserting a new provision as follows:

Section 39C Vilification because of disability

1. It is unlawful for a person (the first person) to do an act otherwise than in private, if:
   1. the act involves threats by the first person to perpetrate or encourage violence or serious abuse directed at another person or group of people;
   2. the act is reasonably likely, in all the circumstances, to incite hatred towards another person or a group of people; and
   3. the act is done because of the disability of the other person or because some or all of the people in the group have or are perceived by the first person to have a disability.

2. States and territories that already have legislation imposing criminal penalties for vilification of people on grounds that do not include disability should extend the legislation to vilification of people on the ground of disability.

Victorian Government response to recommendation 4.30

We accept this recommendation in full.

We are already reforming vilification protections in Victoria. We will introduce new legislation in late 2024.

We note there is no joint response for recommendation 4.30. This is because the Standing Council of Attorneys-General decided that jurisdictions will respond individually.

However, this recommendation is still considered a joint recommendation due to the impact on all states and territories and the Commonwealth.

Recommendation 4.31 Disability discrimination and migration law

3. The Australian Government should initiate a review of the operation of section 52 of the Disability Discrimination Act 1992 (Cth), insofar as it authorises discrimination against people with disability seeking to enter Australia temporarily or permanently. The review should consider changes to the legislation and migration practices to eliminate or minimise the discrimination.
4. The review should be conducted with particular reference to the rights recognised by the Convention on the Rights of Persons with Disabilities and the Concluding observations on the combined second and third periodic reports of Australia made by the United Nations Committee on the Rights of Persons with Disabilities.

Victorian Government response to recommendation 4.31

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.32 Unjustifiable hardship

Section 11 of the Disability Discrimination Act 1992 (Cth) should be amended by inserting the new subsections 11(1)(aa), 11(1)(ab) and 11(1A) as follows:

11 Unjustifiable hardship

1. For the purposes of this Act, in determining whether a hardship that would be imposed on a person (the first person) would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including the following:
   1. the nature of the benefit or detriment likely to accrue to, or to be suffered by, any person concerned;
      1. the nature and extent of the first person’s consultations with any person with disability concerned;
      2. the first person’s consideration of all available and appropriate alternative measures or actions;
   2. the effect of the disability of any person concerned;
   3. the financial circumstances, and the estimated amount of expenditure required to be made, by the first person;
   4. the availability of financial and other assistance to the first person;
   5. any relevant action plans given to the Commission under section 64.

Example: One of the circumstances covered by paragraph (1)(a) is the nature of the benefit or detriment likely to accrue to, or to be suffered by, the community.

1. A) The person relying on unjustifiable hardship must:
   2. create and retain all documents recording the person’s consideration (if any) of each of the factors in subsection (1); and
   3. provide reasons to the person concerned, if so requested, for contending that unjustifiable hardship existed at the time of the alleged unlawful discrimination.
2. For the purposes of this Act, the burden of proving that something would impose unjustifiable hardship lies on the person claiming unjustifiable hardship.

Victorian Government response to recommendation 4.32

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.33 Reference to the Convention on the Rights of Persons with Disabilities

The Disability Discrimination Act 1992 (Cth) should be amended to insert a new subsection 3(d) as follows:

4. to give effect to Australia’s obligations under the Disabilities Convention.

Victorian Government response to recommendation 4.33

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 4.34 Interpretation of the Disability Discrimination Act 1992 (Cth)

The Disability Discrimination Act 1992 (Cth) should be amended by inserting a new subsection 4(3):

3. This Act must be interpreted in a way that is beneficial to a person or persons with disability, to the extent it is possible to do so consistently with—
   1. the objects of this Act
   2. the Convention
   3. the Covenant on Civil and Political Rights
   4. the Disabilities Convention
   5. the International Covenant on Economic, Social and Cultural Rights.

Victorian Government response to recommendation 4.34

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 5.1 Development of a National Disability Agreement

The Australian Government and state and territory governments should develop a new National Disability Agreement through the Disability Reform Ministerial Council, to be signed by first ministers. The fundamental objective of the Agreement should be to advance equality, inclusion and the rights of people with disability in Australia.

The Agreement should provide the framework for intergovernmental collaboration to:

• develop and implement reforms requiring national attention and coordination, including recommendations of this Royal Commission
• implement Australia’s Disability Strategy 2021–2031 (ADS) and the National Disability Insurance Scheme (NDIS).

The ADS, NDIS national agreements and policies, and other national disability frameworks should be schedules to the new National Disability Agreement.

The Agreement should clearly set out roles and responsibilities of parties to the Agreement.

The new National Disability Agreement should be developed and finalised by the end of 2024.

Victorian Government response to recommendation 5.1

We accept this recommendation in principle.

There needs to be a process for all governments to work together on disability reform and policy.

This is the position affirmed by Council for the Australian Federation (that is, state and territory First Ministers) on 12 April 2024.

Joint response to recommendation 5.1

Commonwealth: Subject to further consideration

States and territories: Accept in principle

The Australian Government and state and territory governments are committed to ensuring intergovernmental arrangements support collaboration to advance equality, inclusion and the rights of people with disability in Australia and ensure appropriate governance of the disability ecosystem.

All governments have agreed to work together, and with the disability community, to:

• implement legislative and other changes to the NDIS to improve the experience of participants and restore the original intent of the Scheme, within a broader ecosystem of supports
• jointly design additional Foundational Supports to be jointly funded through new Federal Funding Agreements, with additional costs split 50-50 between the Commonwealth and jurisdictions
• undertake a targeted review of Australia’s Disability Strategy 2021–31 to identify practical process, governance and reporting improvements in response to issues identified in the Disability Royal Commission’s inquiry and final report.

Governments will respond to this recommendation by 31 December 2024, following further consideration alongside relevant recommendations of the NDIS Review.

Recommendation 5.2 Review and update of Australia’s Disability Strategy

The signatories to Australia’s Disability Strategy 2021–2031 (ADS) (the Australian Government, state and territory governments and the Australian Local Government Association) should review and update the ADS to ensure it reflects the issues raised and recommendations made by this Royal Commission.

This review and update should:

• consider the ADS and all its implementation mechanisms, including Targeted Action Plans, Engagement Plan, Outcomes Framework, Guiding Principles, reporting arrangements and Data Improvement Plan
• be undertaken in partnership with people with disability and their representative organisations.

An updated ADS should be released by the end of 2024.

Victorian Government response to recommendation 5.2

We accept this recommendation in full.

We note that the review of Australia’s Disability Strategy is underway.

Joint response to recommendation 5.2

Accept

The Australian Government, state and territory governments, and the Australian Local Government Association have commenced a focused review of Australia’s Disability Strategy 2021–31 to consider the issues raised in the Disability Royal Commission and to take account of feedback from the first 2 years of Australia’s Disability Strategy 2021–31 implementation.

The review is being undertaken with the active involvement of the Australia’s Disability Strategy Advisory Council and will consider the Australia’s Disability Strategy 2021–31 and its artefacts and processes, including Targeted Actions Plans (concluding and new). It will focus on identifying practical process, governance and reporting improvements, and addressing key gaps or missing elements.

The review will inform the publication of changes to Australia’s Disability Strategy 2021–31 and implementation processes before the end of 2024.

A separate major evaluation of Australia’s Disability Strategy 2021–31, focused on outcomes, is due to commence in 2025 and be completed in 2026.

Recommendation 5.3 Review and update of disability strategies and plans

State and territory governments should review and update their disability strategies and plans to ensure they reflect the issues raised and recommendations made by this Royal Commission.

These reviews and updates should:

• consider how these strategies and plans align with Australia’s Disability Strategy 2021–2031, including outcomes of Recommendation 5.2
• be undertaken in partnership with people with disability and their representative organisations.

The reviews and updates should be completed by mid-2025.

Victorian Government response to recommendation 5.3

We accept this recommendation in full.

It aligns with things we are already doing.

We will make sure the future state disability plan reflects the Disability Royal Commission’s recommendations.

Recommendation 5.4 Review of national agreements, strategies and plans

The Australian Government and state and territory governments should review national agreements, strategies and plans that affect people with disability. This work should be undertaken through the Disability Reform Ministerial Council in conjunction with other ministerial councils.

Reviews should consider:

• the alignment of national agreements, strategies and plans with Australia’s Disability Strategy 2021–2031
• how funding allocations should recognise the needs and rights of people with disability
• the inclusion of specific outcome measures related to people with disability
• the development of specific action plans relating to people with disability.

National agreements that should be reviewed include the:

• National Agreement on Closing the Gap
• National Housing and Homelessness Agreement
• National School Reform Agreement
• National Health Reform Agreement
• National Mental Health and Suicide Prevention Agreement
• National Agreement for Skills and Workforce Development.

Other national agreements, strategies and plans to be reviewed should include, but not be limited to, those relating to:

• emergency management, such as those for pandemics and natural disasters
• children and young people, such as the National Framework for Protecting Australia’s Children 2021–2031
• employment, education, training and skills, such as the National Workforce Strategy 2022–2027
• legal support, such as the National Legal Assistance Partnership 2020–2025
• health services, such as those for preventative health, community health, and mental health
• family and sexual violence, such as the National Plan to End Violence against Women and Children 2022–2032.

The reviews of current agreements, strategies and plans should be completed by the end of 2025.

Victorian Government response to recommendation 5.4

We accept this recommendation in principle.

We support reviewing national agreements, strategies and plans that affect people with disability when they are due for review.

This will make sure these documents support positive outcomes for people with disability.

Joint response to recommendation 5.4

Accept in principle

The Australian Government and state and territory governments are committed to ensuring national agreements, strategies and plans support an inclusive Australian society that ensures people with disability can fulfil their potential as equal members of the community, consistent with the vision and purpose of Australia’s Disability Strategy 2021–31 and responsibilities under the United Nations Convention on the Rights of Persons with Disabilities.

These considerations will be incorporated into future reviews of relevant agreements, strategies and plans as they become due for renegotiation. This will be considered through the respective governance mechanisms and structures for each agreement, in consultation with disability portfolios.

Given the scope and complexity of reviewing these agreements, flexibility for delivery timeframes will be required in undertaking this action.

Through a targeted review in 2024, governments will also consider how Australia’s Disability Strategy 2021–31 can be improved to more effectively drive work towards a more inclusive society across all portfolios (see recommendation 5.2).

Recommendation 5.5 Establishment of a National Disability Commission

The Australian Government should establish the National Disability Commission as an independent statutory body under the Disability Rights Act (see Volume 4). The National Disability Commission should:

• support the realisation of the human rights of people with disability through monitoring and oversight of the Disability Rights Act
• monitor and report on outcomes for people with disability across Australia
• promote best practice and innovative approaches to improving outcomes for people with disability by sharing information across governments, the community sector, the private sector and the broader community.

The Commission should be chaired by a person with disability and comprise a small group of commissioners. The majority of commissioners should be people with disability, and represent the diversity of people with disability.

The National Disability Commission should be established by mid-2025.

In addition to functions proposed in Volume 4 and Volume 12, its functions should include:

• developing an Outcomes for People with Disability report every two years and tabling it in the Australian Parliament. The report should:
  • detail outcomes achieved under Australia’s Disability Strategy 2021–2031 (ADS)
  • provide comparative performance assessments on outcomes for people with disability, including the implementation of the ADS, through traffic light reporting across each jurisdiction
  • analyse data, including outcomes data from National Disability Insurance Scheme reporting and other relevant reporting from the Australian Government and state and territory governments. This includes reporting on jurisdictional disability strategies and plans, and reporting from relevant oversight bodies
  • include the views and experiences of people with disability, as well as those of families and carers of people with disability
  • recommend to governments actions needed to improve outcomes for people with disability.
• promoting and disseminating information, research and evidence on best practice models for – and innovative approaches to – improving outcomes for people with disability. This information should be shared across governments, the non-government sector, the private sector and the broader community
• partnering with a diverse range of people with disability, and their families and carers, to develop advice and key reports.

Victorian Government response to recommendation 5.5

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 5.6 New governance arrangements for disability

The Australian Government should establish:

• a portfolio responsible for the disability and carers policies and programs currently the responsibility of the Social Services portfolio
• a ministerial position – the Minister for Disability Inclusion – responsible for disability inclusion strategy, policies and programs that are currently under the remit of the Minister for Social Services
• a Department of Disability Equality and Inclusion, responsible for the national disability and carers policies and programs that are currently the responsibility of the Department of Social Services.

People with disability should be recruited to positions within the new department, including into leadership positions.

These new arrangements should be established by the end of 2024.

Victorian Government response to recommendation 5.6

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 5.7 Focal points across jurisdictions to implement the CRPD

The Australian Government and state and territory governments should ensure each jurisdiction has a designated focal point for matters relating to implementation of the Convention on the Rights of Persons with Disabilities (CRPD).

At the Australian Government level, this should be the new Department of Disability Equality and Inclusion, alongside the Attorney-General’s Department.

Each CRPD focal point should include people with disability in leadership positions.

Each jurisdiction should designate focal points by the end of 2024.

Victorian Government response to recommendation 5.7

We accept this recommendation in principle.

We will explore ways to make focal point arrangements stronger. We will consult with the Australian Government and state and territory governments.

Joint response to recommendation 5.7

Accept in principle

The Australian Government and state and territory governments support designating a focal point, or focal points, in each government to support work relating to implementation of the United Nations Convention on the Rights of Persons with Disabilities.

Recommendation 6.1 A national plan to promote accessible information and communications

The Australian Government and state and territory governments should develop and agree on an Associated Plan in connection with Australia’s Disability Strategy 2021–2031 to improve the accessibility of information and communications for people with disability. The Associated Plan should be co-designed with people with disability and their representative organisations. It should be finalised by the end of 2024.

The Associated Plan should:

• consolidate and build on existing initiatives and commitments by governments
• recognise the diversity of people with disability and the many formats and languages that people may require information to be provided in
• consider the roles of various stakeholders, including the Australian Government, state and territory governments, disability service providers, disability representative organisations and organisations representing people from culturally and linguistically diverse backgrounds
• focus, in the first instance, on information and communications about preparing for and responding to emergencies and natural disasters, and public health
• include targeted actions to ensure access to information and communications for people with disability in the criminal justice system; supported accommodation, including group homes; Australian Disability Enterprises; and day programs
• identify and allocate appropriate funding and resources for delivery
• include mechanisms for review and public reporting of progress made against the Associated Plan.

Victorian Government response to recommendation 6.1

We accept this recommendation in principle.

Our accessible communications project is building capacity and leadership on accessible communications. This includes communications before, during and after emergencies. The project is funded for 4 years to 2024–25.

This will aid the national plan. It will provide guidance and knowledge that we can build on.

Joint response to recommendation 6.1

Accept in principle

The Australian Government and state and territory governments recognise that people with disability have a right to access information and communications on an equal basis with others.

All governments support the development of an Associated Plan to Australia’s Disability Strategy 2021–31 to improve the accessibility of information and communications for people with disability.

The Australian Government will lead the development of the Associated Plan, building on existing initiatives to deliver a unified approach. The Associated Plan will be developed in consultation with state and territory governments.

The Associated Plan will be developed with people with disability and their representative organisations. This includes First Nations people with disability, people with disability from culturally and linguistically diverse backgrounds, people who are Deaf or hard of hearing, people who are blind or have low vision, Deafblind people, people with intellectual disability, and other people with disability who may face additional barriers to accessing the information and communications they need.

Scoping and development will commence in 2024.

Recommendation 6.2 Increase the number of Auslan interpreters

The Australian Government and state and territory governments, through the Disability Reform Ministerial Council, should commission the development of a workforce strategy to increase the number and quality of Auslan interpreters.

The strategy should:

• be based on a robust demand-supply analysis to quantify the current gaps and shortages in interpreting services. This includes analysis of qualifications, specialisations, geographic coverage, and the availability and use of face-to-face interpreting and Video Remote Interpreting
• include costed initiatives to:
  • increase the number of Auslan interpreters, including the provision of scholarships and stable ongoing employment opportunities, particularly in under-serviced areas
  • support specialisations in health, legal and other critical sectors (including minimum qualifications)
  • provide ongoing professional development and industry standards to support a high-quality interpreter workforce
  • increase and retain Auslan interpreters who are First Nations or from culturally and linguistically diverse backgrounds
  • raise awareness and promote pathways to becoming an Auslan interpreter.

The strategy should be developed by September 2024, and implementation of the strategy should begin by January 2025.

Victorian Government response to recommendation 6.2

We accept this recommendation in full.

We are increasing the number of Auslan interpreters by including Auslan qualifications in our Free TAFE commitment.

This helps to create a more inclusive Victoria for Victorians who are Deaf or hard of hearing.

In the 2022–23 State Budget, we made these qualifications free:

• Diploma of Auslan
• Diploma of Interpreting (Auslan)
• Advanced Diploma of Interpreting (Auslan).

These free qualifications will help Auslan interpreters progress in their careers.

They are part of the entry requirements to become either a Certified Provisional Interpreter or a Certified Interpreter.

We have also removed the ‘once-in-a-lifetime limit’ for Free TAFE for these qualifications.

Joint response to recommendation 6.2

Accept in principle

The Australian Government and state and territory governments recognise the critical role Auslan interpreters play in supporting people who are Deaf or hard of hearing to access the information and communications they need.

Governments also recognise Deaf interpreters and translators who support people from culturally and linguistically diverse backgrounds or are more familiar with foreign sign languages, people with sensory or cognitive disability, people who are educationally or linguistically disadvantaged, or people who have limited conventional Auslan.

All governments support nationally coordinated work to boost the Auslan and Deaf interpreter workforce. As part of its work developing an Associated Plan under Australia’s Disability Strategy 2021–31 to improve the accessibility of information and communications for people with disability consistent with recommendation 6.1, the Disability Reform Ministerial Council will consider strategies, initiatives and approaches to boost the Auslan and Deaf interpreter workforce.

Recommendation 6.3 Access to appropriately skilled and qualified interpreters

The Australian Government, the National Accreditation Authority for Translators and Interpreters (NAATI) and the National Disability Insurance Agency (NDIA) should take steps to ensure people with disability have access to appropriately skilled and qualified interpreters as needed.

Training for interpreters

NAATI should require interpreters to complete training in disability awareness before receiving accreditation and as part of their ongoing professional development to maintain accreditation.

Interpreters in disability service provision

The NDIA should:

• ensure staff are aware of the NDIA’s Practice Guide on Accessible Communication and the provisions of the Practice Guide for Aboriginal and Torres Strait Islander planning support relating to interpreters and translation
• provide training for staff on how to arrange and work with an interpreter.

The Minister for the National Disability Insurance Scheme (NDIS), in consultation with states and territories, should:

• amend the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cth) to introduce a standard on effectively working with interpreters
• amend the National Disability Insurance Scheme (Quality Indicators for NDIS Practice Standards) Guidelines 2018 (Cth) to include indicators relevant to the standard on working effectively with interpreters, including that providers have relevant policies and procedures in place.

The NDIS Quality and Safeguards Commission should amend the NDIS Workforce Capability Framework to provide that the Communicate Effectively Core Capability for Advanced Support Work explicitly includes working with interpreters.

Victorian Government response to recommendation 6.3

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.4 Terms and definitions in guardianship and administration legislation

1. States and territories should amend their guardianship and administration legislation to:
   • include the terms ‘support order’, ‘support agreement’ and ‘supported persons’
   • remove the terms ‘guardianship order’ and ‘administration order’ or ‘financial management order’, and replace these with ‘representative order’
   • remove the terms ‘guardian’ and ‘administrator’ or ‘financial manager’, and replace these with ‘representative’
   • remove the term ‘enduring guardian’ and replace this with ‘enduring representative’
   • remove the terms ‘enduring guardianship’ and ‘enduring power of attorney’, and replace these with ‘enduring representation agreement’
   • remove the terms ‘decision-making capacity’, ‘capacity’ and ‘mental incapacity’, and replace these with ‘decision-making ability’.
2. The new and replacement terms should be defined consistently with the definitions provided in Table 6.2.11.
3. States and territories should amend the title of their guardianship and administration legislation to refer to decision-making. For example, ‘Supported and represented decision-making Act’ or ‘Decision-making Act’.

Victorian Government response to recommendation 6.4

We will consider this recommendation further.

We accept in principle the need for national consistency. However, we need to look at the impacts of implementing some elements of this recommendation.

In particular, the Guardianship and Administration Act 2019 (Vic) has only been in effect for a short time.

We are also involved with national efforts to reform powers of attorney laws.

Recommendation 6.5 Objects of guardianship and administration legislation

States and territories should review and reform their guardianship and administration legislation to include a statement of statutory objects which:

• recognises and promotes the rights of people with disability consistent with the Convention on the Rights of Persons with Disabilities (CRPD)
• includes the text of article 12 of the CRPD
• recognises the role of support to enable people who may require support to make, participate in and implement decisions that affect their lives.

Victorian Government response to recommendation 6.5

We will consider this recommendation further.

We need to examine the scope and impact of this recommendation before we determine our position.

The Disability Royal Commission noted that multiple Acts in Victoria already reflect the Convention on the Rights of People with Disabilities (CRPD).

Replicating the existing protection and Article 12 under law may be counterproductive.

Recommendation 6.6 Supported decision-making principles

1. States and territories which have not already done so should review and reform their guardianship and administration legislation to include the following supported decision-making principles. The legislation should oblige all persons exercising powers, carrying out functions or performing duties under the legislation to have regard to the principles.

   Principle 1 – Recognition of the equal right to make decisions

   All people have an equal right to make decisions that affect their lives and to have those decisions respected.

   Principle 2 – Presumption of decision-making ability

   All people must be presumed to be able to make decisions.

   Principle 3 – Respect for dignity and dignity of risk

   All people must be treated with dignity and respect and supported to take risks to enable them to live their lives the way they choose, including in their social and intimate relationships.

   Principle 4 – Recognition of informal supporters and advocates

   The role of informal supporters, support networks and advocates who provide support for decision-making should be acknowledged and respected.

   Principle 5 – Access to support

   People who may require supported decision-making should be provided with equitable access to appropriate support to enable the person, as far as practicable in the circumstances, to:

   • make and participate in decisions affecting them
   • communicate their will and preferences
   • develop their decision-making ability.

   Principle 6 – Decisions directed by will and preferences

   The will and preferences of people who may require supported decision-making must direct decisions that affect their lives.

   Principle 7 – Inclusion of safeguards

   There must be appropriate and effective safeguards where people may require supported decision-making, including to prevent abuse and undue influence.

   Principle 8 – Co-designed processes

   People with disability, in particular people with cognitive disability, their supporters and representative organisations, should be involved in the development and delivery of policies and practices on supported decision-making.

   Principle 9 – Recognition of diversity

   The diverse experiences, identities and needs of people who may require supported decision-making must be actively considered.

   Principle 10 – Cultural safety

   First Nations people and culturally and linguistically diverse people with disability are entitled to supported decision-making that is culturally safe, sensitive and responsive. This includes recognising the importance of maintaining a person’s cultural and linguistic environment and set of values.

2. The Australian Government and state and territory governments should also take steps to review and reform other laws concerning individual decision-making to give legislative effect to the supported decision-making principles.

Victorian Government response to recommendation 6.6

We accept this recommendation in principle.

With the exception of Principle 8, the Guardianship and Administration Act 2019 (Vic) already gives effect to this recommendation.

We need to consider the best way to apply the co-design element of the recommendation.

Joint response to recommendation 6.6

Commonwealth, ACT, NT, Qld, Tas, Vic, WA: Accept in principle

NSW, SA: Subject to further consideration

The Australian Government and state and territory governments recognise and respect the inherent dignity and individual autonomy of all people with disability and are committed to ongoing work to ensure people with disability who may require support to make decisions are provided that support. All governments recognise substituted decision-making should only be used as a last resort.

Recommendation 6.6 (a)

The Australian Capital Territory, Northern Territory, Queensland, Tasmania and Victoria accept in principle the principles outlined by the Disability Royal Commission.
New South Wales, South Australia and Western Australia note that consideration of the Disability Royal Commission’s supported decision-making principles is subject to respective legislative review processes in their respective jurisdictions.

Recommendation 6.6 (b)

The Australian Government and state and territory governments support taking steps to identify other relevant laws concerning decision-making that may require review regarding approaches to supported decision-making.

Recommendation 6.7 Decision-making ability

States and territories should review and reform their guardianship and administration legislation to:

• ensure consistency with Principle 2 in Recommendation 6.6 that all people should be presumed to be able to make decisions
• provide that this presumption cannot be rebutted solely on the basis that a person has a disability
• require that anyone responsible for deciding whether the presumption has been rebutted that a person has decision-making ability for the relevant decision, must consider:
  • the supports available to the person, including the quality of existing support relationships
  • that decision-making ability is specific to the decision being made
  • the nature and complexity of the specific decision to be made
  • the views of the person and, with their consent, the views of family and informal supporters who have significant involvement in the person’s life.

Victorian Government response to recommendation 6.7

We accept this recommendation in full.

The Guardianship and Administration Act 2019 (Vic) and the Powers of Attorney Act 2014 (Vic) give effect to this recommendation.

Victoria’s legal framework for decision-making presumes decision-making capacity at all levels (unless there is evidence to the contrary).

It also has a graded approach to decision-making and support. This preserves the person’s capacity as far as possible.

Recommendation 6.8 Formal supporters

States and territories should introduce into guardianship and administration legislation provisions to enable statutory and personal appointments of one or more supporters for personal and financial matters, following the approach taken by Victoria in Part 4 of the Guardianship and Administration Act 2019 (Vic) and Part 7 of the Powers of Attorney Act 2014 (Vic). This includes provisions on:

• appointment of supporters
• role, powers and duties of supporters
• safeguards in relation to supports
• review and revocation of support agreements and orders.

Victorian Government response to recommendation 6.8

We accept this recommendation in full.

The Guardianship and Administration Act 2019 (Vic) and the Powers of Attorney Act 2014 (Vic) give effect to this recommendation.

Recommendation 6.9 Representatives as a last resort

States and territories should review and reform their guardianship and administration legislation to provide that representation orders should be made only as a last resort and in a way that is least restrictive of a person’s rights, autonomy and actions, as practicable in the circumstances. The reforms should include:

1. the repeal of provisions authorising plenary representation orders
2. a requirement that the relevant tribunal should make an order appointing a representative only if satisfied that:
   • the proposed represented person does not have decision-making ability for one or more decisions
   • the order is necessary, taking into account:
     • the will and preferences of the proposed represented person
     • the availability and suitability of less intrusive and restrictive measures, including formal and informal support arrangements, negotiation and mediation
   • the order will promote the person’s personal and social wellbeing
3. a provision that the tribunal must take into account, in deciding whether a person (other than a public official) is suitable for appointment as a representative:
   • the will and preferences of the proposed represented person
   • the nature of the relationship between the proposed representative and the proposed represented person
   • whether the proposed representative is likely to act honestly, diligently and in good faith
   • whether the proposed representative has or may have a conflict of interest in relation to any of the decisions referred to in the order
4. a prohibition on a representation order made in the absence of the proposed represented person, unless the tribunal is satisfied that either:
   • the represented person does not wish to attend the hearing in person
   • the personal attendance of the represented person at the hearing is impracticable or cannot reasonably be arranged
5. a requirement that when considering whether a support or representation order should be made for a First Nations person, the tribunal should take into account:
   • the likely impact of the order on the person’s culture, values, beliefs (including religious beliefs) and linguistic environment
   • the likely impact of the order on the person’s standing or reputation in their community
   • any other considerations pertaining to the person’s culture
6. provisions on the review and revocation of representation orders, including that:
   • a representation order lapses on the expiration of three years after the date on which it is made, unless the tribunal has specified an expiry date (earlier than three years) in the order or the order is renewed
   • a tribunal must conduct a review of a representation order at least once within each three-year period after making the order
   • when reviewing an order, the tribunal should consider:
     • whether the order is still necessary, considering the factors listed in b)
     • whether the representative is still eligible and suitable
     • whether the representative is meeting their responsibilities and carrying out their required functions.

Victorian Government response to recommendation 6.9

We accept this recommendation in full.

The Guardianship and Administration Act 2019 (Vic), Victorian Civil and Administrative Tribunal Act 1998 (Vic) and the Charter of Human Rights and Responsibilities Act 2006 (Vic) give effect to this recommendation.

Recommendation 6.10 Decision-making process

States and territories should review and reform their guardianship and administration legislation to include a decision-making process that appointed supporters and representatives are required to follow.

The decision-making process for both supporters and representatives should involve:

• supporting the person to express their will and preferences
• assisting the person to develop their own decision-making ability.

The decision-making process for representatives should also include the following steps and considerations:

• the person’s will and preferences must be given effect
• where the person’s current will and preferences cannot be determined, the representative must give effect to what they believe the person’s will and preferences are likely to be, based on all the information available
• if it is not possible to determine what the person would likely want, the representative must act to promote and uphold the person’s personal and social wellbeing with the least possible restriction on their dignity and autonomy
• a representative may override the person’s will and preferences only where necessary to prevent serious harm. In these circumstances, the representative must act to promote and uphold the person’s personal and social wellbeing with the least possible restriction on their dignity and autonomy.

Victorian Government response to recommendation 6.10

We accept this recommendation in principle.

The Guardianship and Administration Act 2019 (Vic) already gives effect to part of this recommendation.

We need to consider other legislation involving decision-making processes.

Section 9 of the Guardianship and Administration Act 2019 (Vic) uses the same order of decision-making processes set out in this recommendation.

The Powers of Attorney Act 2014 (Vic) has some principles that reflect elements of the recommendation. However, they are not in hierarchical order.

If the recommendation is to cover the Powers of Attorney Act 2014 (Vic), we will need to do more work to look at the benefits and risks.

Recommendation 6.11 Guidelines on maximising participation

1. The Australian Guardianship and Administration Council should update the Guidelines for Australian Tribunals: Maximising the participation of the Person in guardianship proceedings to align with our recommendations on guardianship and supported decision-making (see in particular Recommendations 6.4–6.10 and 6.19).
2. The guardianship division or list in each state and territory tribunal should consider adopting, through practice directions or other appropriate means, the updated Guidelines for Australian Tribunals: Maximising the participation of the Person in guardianship proceedings.

Victorian Government response to recommendation 6.11

We will consider this recommendation further.

This recommendation is for the Australian Guardianship and Administration Council.

We will consult with the Council to consider this recommendation.

The Guidelines are a national document. This means some jurisdictions may need to revise their laws before the Council can amend the document in line with this recommendation.

Recommendation 6.12 Public disclosure and confidentiality restrictions

States and territories should amend their guardianship and administration laws or tribunals acts to:

• repeal provisions prohibiting publication of material identifying a party to the proceedings as the default position
• empower the tribunal to make an order prohibiting publication of material identifying the party to the proceedings if the circumstances justify such an order, taking into account the will and preferences of that party.

Victorian Government response to recommendation 6.12

We accept this recommendation in principle.

However, the reforms are complex. We will need to consult with stakeholders before we can accept the recommendation in full.

We will also need to consider laws with similar prohibitions regarding people with impaired capacity. These laws include the Powers of Attorney Act 2014 (Vic) and the Medical Treatment Planning and Decisions Act 2016 (Vic).

Recommendation 6.13 Information and education on supported decision-making

1. States and territories should ensure that, where legislation to this effect is not already in place, the functions of public advocates and public guardians include providing information, education and training on supported decision-making to people requiring supported decision-making and their families, private supporters and representatives (present or prospective), disability service providers, public agencies, the judiciary, tribunal members and legal representatives.
2. States and territories should ensure that, where legislation to this effect is not already in place, public advocates and public guardians are empowered to provide advice and assistance to people who may require decision-making support, including in relation to applications for support and representation orders.

Victorian Government response to recommendation 6.13

We accept this recommendation in principle.

The Guardianship and Administration Act 2019 (Vic) already covers most of this recommendation.

The Office of the Public Advocate helps people and organisations who need assistance around supported decision-making.

The Office of the Public Advocate provides advice, information and education on the Powers of Attorney Act 2014 (Vic). It has a telephone/web-based advice line. It also publishes the Take control information guide (recently updated in 2022) and electronic forms.

This role is not enshrined in the Powers of Attorney Act 2014 (Vic). However, it does not need to be. This is because it is implemented via funding arrangements.

We will need to consult with Office of the Public Advocate to make sure everything in this recommendation can be done with existing resourcing.

Recommendation 6.14 Systemic advocacy to promote supported decision-making

States and territories should ensure that, where this is not already the case, a statutory body has a function to undertake systemic advocacy to promote supported decision-making. This function should include:

• monitoring, investigating, researching, reporting, making recommendations and advising on any aspect of relevant decision-making legislation
• encouraging the development and improvement of programs, services and facilities that promote the autonomy of people with disability
• supporting organisations that undertake advocacy and education on supported decision-making.

Victorian Government response to recommendation 6.14

We will consider this recommendation further.

The Office of the Public Advocate helps people and organisations who need assistance around supported decision-making.

We need to consult with the Office of the Public Advocate to see which parts of this recommendation relate to their existing work. There may be other statutory bodies that fulfill these functions.

The Office of the Public Advocate advocates for people with disability on a systemic basis. This is provided for in section 15(c) of the Guardianship and Administration Act 2019 (Vic).

Recommendation 6.15 Updating the national standards for public advocates, public guardians and public trustees

Public advocates, public guardians and public trustees, through the Australian Guardianship and Administration Council, should update the National Standards of Public Guardianship and National Standards for Financial Managers to:

• include the supported decision-making principles
• align with reforms to state and territory guardianship and administration legislation that give effect to recommendations 6.4–6.10
• amend the relevant standards to provide that public officials acting as representatives should have frequent meetings and ongoing, accessible communication with the represented person to get to know the person and develop a trusted relationship. Meetings should take place in line with a represented person’s preferences as to format and attendees, wherever practicable
• amend the relevant standards to recognise the importance of ensuring all engagement with First Nations and culturally and linguistically diverse people is culturally safe and responsive and that appropriate training for staff is provided to enable them to do so
• amend the relevant standards to recognise the importance of public officials acting as representatives facilitating connections between a represented person and advocates and informal supporters.

Victorian Government response to recommendation 6.15

We will consider this recommendation further.

This recommendation is for the Australian Guardianship and Administration Council.

We will need to consult with the Council before we provide our response.

Recommendation 6.16 Financial skills development programs

1. All public trustees should offer a financial skills development program to people under a representation order appointing the public trustee as a representative. The program should promote financial independence and:
   • be developed in partnership with representative organisations of people with disability, including organisations representing people with intellectual disability, and financial counselling community support organisations
   • incorporate broad eligibility criteria
   • be actively promoted, especially among people entering administration.
2. Upon successful completion of the program, public trustees should support a person to apply for a review of their order. If a person is not eligible for the program, the public trustee must advise them of their right to apply to the relevant tribunal for review of their order.
3. Public trustees should report annually on the number of people who have participated in the program, the number who have completed it and the number who have subsequently transitioned out of administration arrangements.

Victorian Government response to recommendation 6.16

We accept this recommendation in principle.

We have provided funding for Victorian State Trustees’ Financial Independence Program from 2021–22 to 2025–26.

This program helps the financial decision-making capacity of represented persons.

It aims to support participants to gain full independence. This is consistent with Administrators’ duties under the Guardianship and Administration Act 2019 (Vic).

Recommendation 6.17 Transparency of public trustee fees and charges

Public trustees in each state and territory should:

• publish accessible information about the services they provide to people under administration orders, the fees and charges applicable for those services and the ways in which fees are calculated for each individual
• on appointment, annually and following any significant change to a person’s circumstances, send to people under administration orders individualised and accessible information detailing the services they will receive and the fees for those services.

Victorian Government response to recommendation 6.17

We accept this recommendation in full.

The Victorian State Trustees publishes its fees and charges on its website.

Recommendation 6.18 Review of public trustees’ fees and charges

State and territory governments should ensure that public trustees’ fees and charges have been independently reviewed since 2019. Where such a review has not been conducted since this time, state and territory governments should arrange a comprehensive review of the fees and charges payable by people under administration orders to the public trustee in their jurisdiction. The reviews should make recommendations to ensure fees and charges are fair and equitable for all people under administration orders.

Victorian Government response to recommendation 6.18

We accept this recommendation in principle.

We support measures that ensure fees and charges for professional administration services are fair and equitable.

In Victoria, the Victorian Civil and Administrative Tribunal may appoint a trustee when a person’s financial and property affairs are subject to an administration order. The trustee may be the Victorian State Trustees, a trustee company, or another professional administrator, such as a lawyer.

We support an appropriate framework to ensure all administrators’ fees and charges are transparent, fair and equitable.

We will need to consider how to allocate responsibility for the proposed independent review.

This is because the current framework sits across 3 separate departments.

We will also need to consider the scope and funding of the independent review. This includes how to put the review’s recommendations into action.

Recommendation 6.19 Data collection on support and representation arrangements

The Australian Government and states and territories should develop and implement a national approach to collecting and publishing de-identified data on support and representation arrangements, led by the Australian Institute of Health and Welfare.

The national approach should consistently use definitions of ‘disability’, ‘representation’ and ‘support’ arrangements proposed in this Final report, and should employ methodologies which enable reporting on comparisons across jurisdictions and trends over time.

The national approach should include collection and publication of data on:

• numbers of formally appointed representatives and supporters, disaggregated appropriately
• the extent to which people with disability who are the subject of the proceedings participate in the proceedings and the manner in which they participate (for example, in person or via alternative technological means)
• numbers of representative agreements commenced, terminated, revoked, varied or reviewed
• the extent to which people with disability who are the subject of the proceedings are legally represented.

The data should identify, to the greatest extent practicable, types of impairment, age, First Nations people with disability, culturally and linguistically diverse people with disability, LGBTIQA+ people with disability, women with disability and National Disability Insurance Scheme participants.

Victorian Government response to recommendation 6.19

We accept this recommendation in principle.

Victoria’s guardianship tribunal processes support people who self-identify as Aboriginal.

Guardianship processes are a sensitive time. We acknowledge that people may not want to self-identify against the range of sociodemographic variables of interest identified in the report.

Most orders are made privately. The tribunal notes the participation of people subject to guardianship hearings. This supports the tribunal’s operations and responses.

Data is not kept about the number of formally appointed representatives.

Instead of attempting to collect additional sociodemographic variables, we will consider integrating data through the National Disability Data Asset or similar data asset.

Victoria has specific secrecy provisions that restrict the availability of information on guardianship orders by the Victorian Civil and Administrative Tribunal.

We need to account for this in relation to data sharing agreements that would support any new data collection.

Joint response to recommendation 6.19

Accept in principle

The Australian Government and state and territory governments recognise the benefits of a nationally consistent approach to data collection and reporting on support and representation arrangements to support an evidence-based approach to reform in this area.

In January 2024, Disability Ministers agreed Commonwealth, state and territory officials focus and accelerate work to resolve data gaps in relation to the reporting requirements under Australia’s Disability Strategy 2021–2031 Outcomes Framework by the end of 2024. All governments are also working together to develop an action plan, with agreed timeframes, to drive data collection (including gender disaggregated data) and reporting on data-related Disability Royal Commission recommendations. The action plan is expected to be published in 2024.

Recommendation 6.20 Interpretative declaration

Commissioners Bennett, Galbally, Mason and McEwin recommend the Australian Government withdraw its interpretative declaration in relation to article 12 of the Convention on the Rights of Persons with Disabilities.

Victorian Government response to recommendation 6.20

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.21 Additional funding for advocacy programs

1. For the financial years 2024–25 and 2025–26, the Australian Government should commit additional funding of:
   • $16.6 million per annum for the National Disability Advocacy Program
   • $20.3 million per annum for the National Disability Insurance Scheme Appeals Program.
     These amounts should be indexed to maintain their value in real terms from year to year.
2. From 1 July 2026, the Australian Government should ensure long-term and stable funding for national disability advocacy programs to meet demand. This should be informed by improved data in line with Recommendation 6.22.
3. From at least 1 July 2026, state and territory governments should ensure long-term and stable funding for disability advocacy programs in their jurisdictions to meet demand. This should be informed by improved data in line with Recommendation 6.22.

Victorian Government response to recommendation 6.21

We accept this recommendation in principle.

We support in principle increasing the sustainability of disability advocacy.

The working group for the National Disability Advocacy Framework identified this as an action that needs coordinated effort.

Joint response to recommendation 6.21

Accept in principle

The Australian Government and the state and territory governments recognise the importance of advocacy in supporting people with disability to defend and protect their rights.

On 21 April 2023, Disability Ministers endorsed the National Disability Advocacy Framework 2023–2025 (NDAF) and associated Disability Advocacy Work Plan. The NDAF commits all governments to work together to improve national consistency and access to advocacy services for people with disability across Australia. Its purpose is to ensure people with disability have access to effective disability advocacy that promotes, protects and ensures their full and equal enjoyment of all human rights, enabling community participation and inclusion.

All governments support prioritising work on increasing culturally appropriate and accessible advocacy services for First Nations people with disability, people with disability from culturally and linguistically diverse backgrounds and LGBTIQA+ people with disability.

Recommendation 6.22 Improved data collection and reporting on met and unmet demand for disability advocacy

The Australian Government and state and territory governments should improve data collection and reporting on met and unmet demand for disability advocacy within their jurisdiction.

At a minimum, this data should:

• be collected and published on an annual basis
• include demographic indicators that show geographic location, First Nations and culturally and linguistically diverse status
• identify, where possible, whether a request for disability advocacy is from or concerns a person with disability who lives in supported accommodation or is in prison or juvenile detention.

This data should be collected and reported on an ongoing basis.

The Australian Government and state and territory governments should include data collection and reporting as a priority work area in the Disability Advocacy Work Plan associated with the 2023–2025 National Disability Advocacy Framework, and progress this as part of future National Disability Advocacy Frameworks or equivalents.

The Australian Government and state and territory governments should work together to ensure consistent definitions and methodologies allowing comparisons across jurisdictions and trends over time.

Publication of the data should commence no later than 1 July 2026.

Victorian Government response to recommendation 6.22

We accept this recommendation in principle.

We support improved data collection in principle. This includes reporting on met and unmet demand for disability advocacy.

The working group for the National Disability Advocacy Framework identified this as an action that needs coordinated effort.

Joint response to recommendation 6.22

Accept in principle

The Australian Government and the state and territory governments recognise the importance of advocacy in supporting people with disability to defend and protect their rights.

On 21 April 2023, Disability Ministers endorsed the National Disability Advocacy Framework 2023–2025 (NDAF) and associated Disability Advocacy Work Plan. The NDAF commits all governments to work together to improve national consistency and access to advocacy services for people with disability across Australia. Its purpose is to ensure people with disability have access to effective disability advocacy that promotes, protects and ensures their full and equal enjoyment of all human rights, enabling community participation and inclusion.

All governments support prioritising work on increasing culturally appropriate and accessible advocacy services for First Nations people with disability, people with disability from culturally and linguistically diverse backgrounds and LGBTIQA+ people with disability.

Recommendation 6.23 Culturally safe disability advocacy

The Disability Advocacy Work Plan associated with the 2023–2025 National Disability Advocacy Framework should be amended to include priority work areas on increasing culturally appropriate and accessible advocacy services for people with disability from culturally and linguistically diverse backgrounds and LGBTIQA+ people with disability. Efforts under these priority work areas, and the priority work area on increasing culturally appropriate and accessible advocacy services for First Nations people with disability, should include training led by First Nations, culturally and linguistically diverse, and LGBTIQA+ people with disability and their representative organisations.

This work should be progressed as part of future National Disability Advocacy Frameworks or equivalents.

Victorian Government response to recommendation 6.23

We accept this recommendation in principle.

We support increasing advocacy services for and representation of diverse communities. We will do this through the Victorian Disability Advocacy Program.

Joint response to recommendation 6.23

Accept in principle

The Australian Government and the state and territory governments recognise the importance of advocacy in supporting people with disability to defend and protect their rights.

On 21 April 2023, Disability Ministers endorsed the National Disability Advocacy Framework 2023–2025 (NDAF) and associated Disability Advocacy Work Plan. The NDAF commits all governments to work together to improve national consistency and access to advocacy services for people with disability across Australia. Its purpose is to ensure people with disability have access to effective disability advocacy that promotes, protects and ensures their full and equal enjoyment of all human rights, enabling community participation and inclusion.

All governments support prioritising work on increasing culturally appropriate and accessible advocacy services for First Nations people with disability, people with disability from culturally and linguistically diverse backgrounds and LGBTIQA+ people with disability.

Recommendation 6.24 Improve implementation planning and coordination for the cognitive disability health capability framework

The Australian Government Department of Health and Aged Care should:

• expand the role of the Intellectual Disability Education and Training Expert Advisory Group to develop an implementation plan for the cognitive disability health capability framework, including key steps for embedding the capabilities from the framework in curricula in education and training programs for health practitioners across all training stages
• develop a monitoring and evaluation framework to coordinate and measure delivery of the expanded capability framework and its implementation.

Victorian Government response to recommendation 6.24

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.25 Expand the scope of health workforce capability development to include all forms of cognitive disability at all stages of education and training

The Australian Government Department of Health and Aged Care should:

• immediately expand the scope of the work on an intellectual disability health capability framework and associated resources to address all forms of cognitive disability, to apply at all stages of education and training. This expansion should include autism-specific content, and address specific healthcare issues for people with learning disability, dementia and acquired brain injury.
• allocate additional funding to support the expanded scope of health workforce capability development.

Victorian Government response to recommendation 6.25

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.26 Expand the role of the Health Ministers Meeting to monitor health workforce capability development

The Health Ministers Meeting should expand its role in monitoring progress of the intellectual disability health capability framework to encompass the expanded capability framework proposed in Recommendation 6.25. This should include annual reporting to the Health Ministers Meeting on the progress of actions.

Victorian Government response to recommendation 6.26

We accept this recommendation in principle.

We support measures that include accessibility in our health policies and service delivery system. This also means skilling up our workforce to understand social and human rights models of disability and how these inform our workforce practices.

This recommendation aligns closely with our commitment in Inclusive Victoria: state disability plan 2022–2026 to build a shared understanding of disability confidence in specific workforces. This commitment also includes piloting disability-led approaches to awareness and inclusion training.

Joint response to recommendation 6.26

Accept in principle

Health Ministers have committed to annual reporting on progress of actions under the Roadmap for Improving the Health of People with Intellectual Disability. Ongoing annual reporting will consider any expansion to activities.

Recommendation 6.27 Establish regular progress reporting by accreditation authorities

Accreditation authorities for registered health professions and the peak professional bodies for non-registered health professions should:

1. review and amend accreditation standards and evidence requirements where necessary to address whether cognitive disability health is sufficiently covered.
   If it is not, they should amend their accreditation standards or evidence requirements (as the case may be) accordingly.
2. encourage or mandate education providers to develop specific cognitive disability health curriculum content and deliver such content using inclusive teaching practices, involving people with cognitive disability where possible.
3. report annually to the Australian Government Department of Health and Aged Care on their progress in implementing this recommendation. Where accreditation authorities have only recently undertaken their five-yearly review, annual reporting should include progress on implementation planning to address this recommendation pending the next scheduled review.

Victorian Government response to recommendation 6.27

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.28 Improve access to clinical placements in disability health services

The Australian Government Department of Health and Aged Care should make improved access to clinical placements in disability health services an immediate priority, including by:

• exploring increased opportunities for student learning and development in cognitive disability health, including as part of interprofessional teams, with education providers and clinical placement providers.
• considering mechanisms to enhance funded supervised clinical and work-based training placements to train students in providing quality health care to people with cognitive disability. This should include enhanced financial support for clinical placement and supervision in community settings.

Victorian Government response to recommendation 6.28

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.29 Improve specialist training and continuing professional development in cognitive disability health care

1. The Royal Australasian College of Physicians, Royal Australian and New Zealand College of Psychiatrists, Australian and New Zealand College of Anaesthetists, Royal Australian College of General Practitioners, Australasian College of Emergency Medicine and Australian College of Rural and Remote Medicine should each:
   • develop specialised training content in cognitive disability health for different areas of specialisation, building on the capability framework and the core set of learning resources, so that future specialists can develop skills and competencies in cognitive disability health
   • expand and promote pathways for sub-speciality training in cognitive disability health.
2. These groups, as well as the Australian Dental Association and professional bodies responsible for continuing professional development (CPD) in the nursing and allied health professions should each:
   • review CPD programs in their respective health discipline or specialty to determine whether CPD for the provision of health care to people with cognitive disability, including intellectual and/or developmental disabilities, should be enhanced
   • promote the development of CPD opportunities on the provision of health care to people with cognitive disability, including intellectual and/or developmental disabilities
   • raise awareness of such CPD opportunities among members.
3. The Australian Government Department of Health and Aged Care should reprioritise the National Roadmap for Improving the Health of People with Intellectual Disability action to embed training and CPD within all specialist training programs from a medium-term action (four to six years), to a short-term action (one to three years).

Victorian Government response to recommendation 6.29

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.30 Expand the scope of the National Centre of Excellence in Intellectual Disability Health

The Australian Government Department of Health and Aged Care should expand the remit of the National Centre of Excellence in Intellectual Disability Health to include autism and other forms of cognitive impairment.

Victorian Government response to recommendation 6.30

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.31 Embed the right to equitable access to health services in key policy instruments

1. The Australian Commission on Safety and Quality in Health Care should:
   • amend the Australian Charter of Healthcare Rights to incorporate the right to equitable access to health services for people with disability and align with the scope of this proposed right in the Disability Rights Act recommended in Volume 4, Realising the human rights of people with disability
   • review and revise the National Safety and Quality Health Service Standards and the National Safety and Quality Primary and Community Healthcare Standards to provide for the delivery of safe and high-quality health care for people with disability and align with the scope of the proposed right to equitable access to health services in the Disability Rights Act recommended in Volume 4
   • as part of this review, consider how the national standards support equal access to health services for people with disability throughout life, including (but not limited to) prevention and health promotion, diagnosis and early intervention and rehabilitation services.
2. The Australian Government Department of Health and Aged Care and state and territory counterparts should review all policies and protocols to ensure people with disability are permitted to be accompanied by a support person in any health setting. This should apply at all times, including when in-person healthcare restrictions are in place, such as during COVID-19.

Victorian Government response to recommendation 6.31

We accept this recommendation in full.

Under Inclusive Victoria: state disability plan 2022–2026, we will address the intersection of ableism with other forms of discrimination and disadvantage across our policies, programs and services.

Joint response to recommendation 6.31 (a)

Accept

The Australian Government and state and territory governments are committed to ensuring key policy instruments and plans support an inclusive Australian society that ensures people with disability have access to health care services that address their needs. The Australian Government, through the Australian Commission on Safety and Quality in Health Care and in consultation with Commonwealth and state and territory governments, will develop a plan to update key policy instruments to ensure they articulate the requirements for safe and equitable access to health services for people with disability. Enacting this recommendation will enable a more person-centred approach to health care planning and delivery, reduce health disparities, provide guidance to patients, and set clear expectations on health services and clinicians.

Joint response to recommendation 6.31 (b)

Accept in principle

The Australian Government and state and territory governments are committed to reviewing all policies and protocols to support an inclusive Australia that ensures people with disability have access to high-quality health care. This includes permission to be accompanied by a support person in as many health settings as possible.

There may be some situations where disability support workers are not able to accompany patients (for example, during surgical procedures, some involuntary or forensic spaces). These instances will be minimised, and state and territory governments will ensure that disability adjustments and supports are fully provided where support workers cannot be present.

Recommendation 6.32 Increase capacity to provide supports and adaptations through improved guidance, funding and accessible information

The Australian Government and state and territory governments, in consultation with people with disability, should:

1. identify and publish a list of frequently needed adaptations and supports (including communication supports) to enable people with disability to receive high-quality health care in all publicly funded settings. Adaptations and supports may need to be tailored to individual needs and additional supports may be required. These should include:
   • environmental modifications and aids to reduce sensory loads, such as dimmer lighting, reduced background noise and noise-cancelling headphones
   • preparatory action to familiarise the person with disability with clinical environments, such as hospital tours and animated videos
   • different modes of service delivery, such as home visits, and taking a forward-looking approach to minimise distress associated with certain procedures – for instance, taking extra blood to reduce the need for additional blood draws, or undertaking multiple procedures at once if sedation is required to decrease the number of hospital visits
   • novel and flexible approaches to pre-medication, including sedation, to reduce distress and anxiety before critical medical procedures.
2. review hospital (admitted and non-admitted care) and primary health care funding models to ensure these adaptations and supports can be implemented in all relevant settings.
3. disseminate information about the provision of adaptations and supports in a range of accessible formats.

Victorian Government response to recommendation 6.32

We accept this recommendation in principle.

Under Inclusive Victoria: state disability plan 2022–2026, we have committed to support co-design with people with disability. We have also committed to using intersectional approaches, accessible communications and universal design to improve access to healthcare for people with disability. This will improve people’s healthcare experience and outcomes.

Joint response to recommendation 6.32

Accept in principle

The Australian Government and state and territory governments recognise that people with disability have a right to receive high-quality health care and that adaptations and supports may need to be tailored to individual needs. Further, that access to information and communications are on an equal basis with others.

All governments acknowledge that aspects of this recommendation require further consideration in the context of any changes to Australia’s human rights framework.

This recognises that the Disability Royal Commission’s proposed Disability Rights Act will be considered alongside the recently published recommendations of the Parliamentary Joint Committee on Human Rights Inquiry into Australia’s Human Rights Framework.

This recommendation also requires consideration of any activities that are in-scope of National Health Reform Agreement public hospital services. As well as consideration of any activities that align with reforms considered for the 2025–30 National Health Reform Agreement Addendum.

Recommendation 6.33 Develop specialised health and mental health services for people with cognitive disability

State and territory governments should establish and fund specialised health and mental health services for people with cognitive disability to provide:

• specialist assessment and clinical services, including preventive medicine, for people with cognitive disability and complex or chronic health and mental health needs
• training and support for health providers to build their capacity to provide safe, high-quality health care to people with cognitive disability.

These services should be delivered through a model that includes:

• specialist roles and multi-disciplinary teams embedded in local health service delivery
• statewide specialised services that can be accessed by people with cognitive disability and health professionals regardless of their location
• participation in a national network of specialised disability health and mental health services
• evaluation of the impact of specialised services and publication of evaluation findings.

Planning to implement specialised services in each jurisdiction should begin as soon as practicable and take into account existing services and needs in each jurisdiction. These changes should be introduced by September 2026.

Victorian Government response to recommendation 6.33

We accept this recommendation in principle.

Our existing specialised mental health services include:

• the Victorian Dual Disability Service – specialised support for Victorians with intellectual disability and autism spectrum disorders who have mental health challenges
• Centre for Developmental Disability Health – specialised support for Victorians with intellectual disability and/or autism spectrum disorders
• Community Brain Disorders Assessment and Treatment Service – specialised support for Victorians with an acquired brain injury and mental health difficulties
• the Glaser Clinic – support for people with a cognitive disability who are in contact with the justice system.

However, we need to consider the detail of how we would provide:

• specialist assessment and clinical services
• training and support
• specialist roles and multidisciplinary teams
• access to statewide specialist services
• participation in a national network of specialised disability mental health services.

We also need to consider what we need to do to:

• improve and evaluate existing services
• deliver additional specialised services
• change existing models of care.

To do this, we need to collaborate and consult with stakeholders of our specialised mental health services.

We are also working to embed inclusive practices within Victoria’s mental health and wellbeing system. We are doing this by developing the Diverse Communities Mental Health and Wellbeing Framework. This framework aims to improve and promote the mental health and wellbeing of diverse communities, including people with disabilities.

Recommendation 6.34 Introduce disability health navigators to support navigation of health care for people with disability

Through the Health Ministers Meeting, the Australian Government and state and territory governments should:

1. jointly fund a national workforce of ‘disability health navigators’ to support people with cognitive disability and complex health needs access health services and to embed safe, accessible and inclusive practice in everyday health service provision
2. develop a national evaluation framework to assess the impact of disability health navigators and share lessons learned across jurisdictions. Evaluation findings should be published.

Victorian Government response to recommendation 6.34

We accept this recommendation in principle.

Our Disability Liaison Officer program has led the way in providing disability health navigation support for people with disability.

We are well positioned to contribute to a national evaluation framework to assess intervention outcomes.

We would welcome a jointly funded and expanded Disability Liaison Officer program.

Joint response to recommendation 6.34

Accept in principle

The Australian Government and state and territory governments are committed to ensuring people with disability have access to health care services that address their needs and recognise that people with disability may require additional support to navigate the health care system. All governments are committed to ensuring all Australians have access to safe and high-quality healthcare that meets their needs.

This recommendation also requires consideration of any activities that are in-scope of National Health Reform Agreement public hospital services as well as consideration of any activities that align with reforms considered for the 2025–30 National Health Reform Agreement Addendum.

All governments are committed to working together to support the development of a nationally consistent health navigation framework, which will be coordinated and aligned to complement the reshaped disability navigation function of the NDIS and would include scoping of disability health navigation in partnership with state and territory governments.

Scoping of disability health navigation would be required to identify what is currently available, what is working well and what gaps or missing elements in the support system need to be addressed to help people with disability and complex health needs navigate and access all aspects of the health and mental health systems. Scoping would include system navigation services that already exist within state and territory health systems. Stakeholders, including people with disability would be consulted as part of the scoping of disability health navigation.

All governments acknowledge that there are significant workforce challenges across the health care system, therefore the scoping of disability health navigators would also involve consideration of this issue.

Recommendation 6.35 Legal frameworks for the authorisation, review and oversight of restrictive practices

1. States and territories should ensure appropriate legal frameworks are in place in disability, health, education and justice settings, which provide that a person with disability should not be subjected to restrictive practices, except in accordance with procedures for authorisation, review and oversight established by law.
2. The legal frameworks should incorporate the following requirements, appropriately adapted to sector-specific contexts:
   • Restrictive practices should only be used:
     • as a last resort, in response to a serious risk of harm to a person with disability or others, and only after other strategies, including supported decision-making, have been explored and applied
     • as the least restrictive response possible to ensure the safety of the person with disability or others
     • to the extent necessary to reduce the risk of harm and proportionate to the potential negative consequences from the use of restrictive practices
     • for the shortest time possible.
   • Decisions to authorise restrictive practices should be subject to independent review.
   • The use of restrictive practices should be subject to independent oversight and monitoring.
3. The legal frameworks should set out the powers and functions of a Senior Practitioner for restrictive practices in disability service provision (or equivalent authority). These powers and functions should include:
   • promoting the reduction and elimination of the use of restrictive practices
   • protecting and promoting the rights of people with disability subjected to restrictive practices
   • developing and providing information, education and advice on restrictive practices to people with disability, their families and supporters, and the broader community
   • considering applications to use restrictive practices in disability service settings and authorising their use according to procedures consistent with the Draft Principles for Consistent Authorisation
   • developing guidelines and standards, and providing expert advice, on restrictive practices and behaviour support planning
   • receiving complaints about the use of restrictive practices and the quality of behaviour support planning
   • investigating the use of restrictive practices and the quality of behaviour support planning, either in response to complaints or of its own motion
   • acting in response to complaints and investigations where appropriate.

Victorian Government response to recommendation 6.35

We accept this recommendation in part.

We have already put in place frameworks for the authorisation, review and oversight of the restrictive practices outlined in part (a).

Before we can provide a full response, we need to consult further with stakeholders in our health and mental health systems.

The Disability Act 2006 is Victoria’s legal framework for the authorisation, review and oversight of restrictive practices in the disability sector.

This includes the regulatory oversight role of the NDIS Quality and Safeguards Commission.

We have strengthened this legal framework with amendments in 2023 via the Disability and Social Services Regulation Amendment Act 2023.

In addition, the Education and Training Reform Act Regulations 2017, the Children, Youth and Families Act 2005 and the Mental Health and Wellbeing Act 2022 regulate restrictive practices in the education and health sectors.

In relation to part (b) of the recommendation, the Disability Act 2006 has the provisions to support this recommendation for the disability sector.

The Department of Education’s Restraint and Seclusion Policy has similar provisions for the education sector.

Isolation cannot be used as punishment in Victoria’s youth justice sector. We record isolations in a register.

Young people can make complaints to the Victorian Ombudsman. We report high-level isolation data publicly every quarter.

The Department of Health, the Department of Education and the Department of Justice and Community Safety will work together to provide a full response to this recommendation.

In relation to part (c), the Victorian Senior Practitioner is responsible under the Disability Act 2006 for the oversight and authorisation of regulated restrictive practices and compulsory treatment.

This includes special powers to issue directions or prohibitions and appointing authorised program officers in the disability sector.

Recommendation 6.36 Immediate action to provide that certain restrictive practices must not be used

State and territory governments should immediately:

• Adopt the list of prohibited forms of restrictive practices agreed by the former Disability Reform Council in 2019 and provide that the use of seclusion on children and young people is not permitted in disability service settings.
• Provide that the following are not permitted in health and mental health settings:
  • using seclusion and restraint as a means to reduce behaviours not associated with immediate risk of harm
  • using seclusion and restraint as a form of discipline, punishment or threat
  • restrictive practices that involve or include deliberate infliction of pain to secure compliance
  • using prone or supine holds, using any restraint intended to restrict or affect respiratory or digestive function, or forcing a person’s head down to their chest
  • secluding a person who is also mechanically restrained
  • secluding a person who is actively self-harming or suicidal
  • using metal handcuffs or hard manacles as a form of mechanical restraint (unless under police or other custodial supervision while in the health facility)
  • vest restraints for older people
  • neck holds
  • drugs, or higher doses of drugs, that create continuous sedation to manage behaviour
  • seclusion of children and young people.
• Provide that the following are not permitted in education settings:
  • the use of restrictive practices:
    • as a form of discipline, punishment or threat
    • as a means of coercion or retaliation
    • in response to property destruction
    • for reasons of convenience
  • life threatening physical restraints, including physical restraints that restrict a student’s breathing or harm the student by:
    • covering the student’s mouth or nose, or in any way restricting breathing
    • taking the student to the ground into the prone or supine position
    • causing hyperextension or hyperflexion of joints
    • applying pressure to the neck, back, chest or joints
    • deliberately applying pain to gain compliance
    • causing the student to fall
    • having a person sit or kneel on the student
  • chemical restraints
  • mechanical restraints
  • clinical holding:
    • as a behaviour support strategy
    • to enforce the compliance of a student in undertaking personal care that is non-urgent and does not present a risk to the student
    • to punish a student
  • denial of key needs, such as food and water.

Victorian Government response to recommendation 6.36

We accept this recommendation in principle.

We are committed to reducing and eliminating restrictive practices to the greatest extent possible in all settings for people with disability.

We support the prohibition on the use of physical restraints.

We will not permit the use of punitive approaches outlined in this recommendation in disability settings. This includes seclusion of children and young people in disability settings.

The Victorian Senior Practitioner has issued a prohibition to disability service providers and registered NDIS providers.

This prohibits the forms of physical restraint outlined in this recommendation, in accordance with the Disability Act.

The Victorian Senior Practitioner has not issued a similar prohibition for punitive approaches.

However, in practice, the Victorian Senior Practitioner does not approve any proposals by service providers to use punitive approaches as part of a behaviour support plan under the Disability Act.

The Department of Education’s Restraint and Seclusion Policy has all the provisions needed to support this part of the recommendation. It also prohibits designated seclusion rooms and areas that are primarily used for the purpose of seclusion.

The Department of Education seeks to reduce and eliminate seclusion to the greatest extent possible. Victorian government schools are not allowed to use mechanical restraint or chemical restraint.

We will work collaboratively across government and with states and territories to consider approaches. We will give a full response to this recommendation later.

Recommendation 6.37 Data collection and public reporting on psychotropic medication

The NDIS Quality and Safeguards Commission, the Australian Commission on Safety and Quality in Health Care and the Aged Care Quality and Safety Commission should:

• publish joint annual progress reports on implementation of measures under the Joint statement on the inappropriate use of psychotropic medicines to manage the behaviours of people with disability and older people
• commission an independent evaluation of these measures to determine whether they have resulted in a reduction in the use of psychotropic medicines against people with cognitive disability. The evaluation should be co-designed with people with cognitive disability and their representative organisations and its results should be publicly reported.

Victorian Government response to recommendation 6.37

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.38 Strengthening the evidence base on reducing and eliminating restrictive practices

The National Disability Research Partnership should commission a longitudinal study of the impact of positive behaviour support and other strategies to reduce and eliminate restrictive practices. This study should:

• be co-designed with people with disability and relevant experts and professionals from the disability, health, education and justice sectors, to ensure the findings are relevant across a range of settings
• include the experiences and identify the intersecting needs of a broad range of people with disability, such as First Nations people with disability, LGBTIQA+ people with disability, and culturally and linguistically diverse people with disability.
  Upon completion, the findings of the study should be made publicly available. Interim findings should be published at regular intervals.

Victorian Government response to recommendation 6.38

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 6.39 Improving collection and reporting of restrictive practices data

The Australian Institute of Health and Welfare should work with state and territory governments to develop consistent data definitions and collection methods on restrictive practices across all jurisdictions, and align reporting periods. These definitions and collection methods should be finalised by the end of 2024.

Using consistent definitions and collection methods, state and territory governments should collect and publish data on the use of restrictive practices in health, education and justice settings. This data should be collected and published on an annual basis, with publication commencing by the end of 2025 at the latest. Data should identify, to the greatest extent practicable:

• restraint type, including chemical, physical, mechanical, environmental and seclusion
• disability status
• types of impairment
• age
• gender
• First Nations people
• culturally and linguistically diverse people
• people who identify as LGBTIQA+.

Victorian Government response to recommendation 6.39

We accept this recommendation in principle.

We will build on our work with other jurisdictions and the Commonwealth to improve how we define, collect and distribute data.

We will streamline how we collect and interpret data. This will lead to better outcomes for service users and Victorians in care. It will also reduce the administrative burden on organisations and governments who use this data.

Before we can fully support this recommendation, we need to consult with stakeholders in the health, education and justice sectors. This will help us understand feasibility and funding needs.

The Department of Education uses the Nationally Consistent Collection of Data to identify students’ disability status and impairment.

The Nationally Consistent Collection of Data definitions are different from those used in other sectors. We will need to take this into consideration in our response.

Joint response to recommendation 6.39

Accept in principle

The Australian Government and state and territory governments are committed to working together to improve the collection and reporting of restrictive practices data and to considering sector-specific targets and performance indicators to drive the reduction and elimination of restrictive practices across all settings.

As a first step, and consistent with action 18.1 of the NDIS Review, the Disability Reform Ministerial Council will prioritise action to establish consistent targets and performance indicators to drive the reduction and elimination of restrictive practices in the NDIS and will task officials to develop a Joint Action Plan to reduce and eliminate restrictive practices in the NDIS.

Given the complexity and variation of data collection processes across jurisdictions, consultation with all sectors and flexibility on the timeframe for implementing these recommendations may be required.

Recommendation 6.40 Targets and performance indicators to drive the reduction and elimination of restrictive practices

The Australian Government and state and territory governments should establish sector-specific targets and performance indicators to drive the reduction and elimination of restrictive practices over time. This should be at both the national and state and territory levels for disability, health, education and justice settings. These targets and performance indicators should be established by 1 July 2025 at the latest.

Victorian Government response to recommendation 6.40

We accept this recommendation in principle.

We are working to reduce and eliminate restrictive practices.

We also support the development of national principles for restrictive practice authorisation. This will help to achieve national consistency.

This includes standardising data collection and reporting. This will establish benchmarks and performance indicators that measure the effectiveness of our efforts to reduce restrictive practices.

Ultimately, we want to eliminate restrictive practices in disability, health and education settings.

We also want to reduce restrictive practices in justice settings. We will do this using strengthened authorisation and oversight in line with the intent of this recommendation.

Joint response to recommendation 6.40

Accept in principle

The Australian Government and state and territory governments are committed to working together to improve the collection and reporting of restrictive practices data and to considering sector-specific targets and performance indicators to drive the reduction and elimination of restrictive practices across all settings.

As a first step, and consistent with action 18.1 of the NDIS Review, the Disability Reform Ministerial Council will prioritise action to establish consistent targets and performance indicators to drive the reduction and elimination of restrictive practices in the NDIS and will task officials to develop a Joint Action Plan to reduce and eliminate restrictive practices in the NDIS.

Given the complexity and variation of data collection processes across jurisdictions, consultation with all sectors and flexibility on the timeframe for implementing these recommendations may be required.

Recommendation 6.41 Legislative prohibition of non-therapeutic sterilisation

1. All jurisdictions should amend or enact legislation prohibiting non-therapeutic procedures resulting in permanent sterilisation of people with disability, except where:
   • there is a threat to the life of the person with disability were the procedure not performed or
   • the person with disability is an adult and has given voluntary and informed consent to the procedure, with support for decision-making if required.
2. All jurisdictions should amend or enact relevant legislation in accordance with paragraph a) by the end of 2024.

3. The Australian Guardianship and Administrative Council (AGAC) should expand its annual collation and publication of data on the sterilisation of people with disability. This data should include the number of applications, reasons for applications, reasons for the outcomes of applications and the number of approvals to conduct a sterilisation procedure.

   Where this does not already occur, the data should be collected and provided to AGAC annually by:

   • the Federal Circuit and Family Court of Australia
   • state and territory superior courts

   • state and territory guardianship and administration bodies.

     The data should be de-identified, as appropriate. It should be disaggregated, to the greatest extent possible, by:

   • disability status
   • types of impairment
   • age
   • gender
   • First Nations people
   • culturally and linguistically diverse people
   • people who identify as LGBTIQA+.
4. A review of legislation enacted or amended according to paragraph a) of this recommendation should be conducted every five years, in light of the data published according to paragraph c). This review should aim to strengthen protections for people with disability and avoid consequences which hamper reproductive autonomy.

Victorian Government response to recommendation 6.41

We will consider this recommendation further.

For adults, Part 6 of the Guardianship and Administration Act 2019 (Vic) already substantially meets this recommendation.

We will consider how to respond to the recommendation in relation to children.

Joint response to recommendation 6.41

ACT, WA: Accept in principle

Commonwealth, NSW, Qld, NT, SA, Tas, Vic: Subject to further consideration

The Australian Government and state and territory governments are committed to protecting the human rights of people with disability and will work to strengthen protections in relation to non-therapeutic procedures resulting in permanent sterilisation of people with disability.

The need to protect the privacy of individuals is relevant in considering approaches to expanding data collection and reporting.

The Commonwealth, NSW, NT, Qld, SA, Tas and Vic governments will further consider issues raised by this recommendation noting differences between jurisdictions’ legislative frameworks and current reform processes underway in some jurisdictions.

Recommendation 7.1 Provide equal access to mainstream education and enrolment

States and territories should amend education Acts (or the equivalent) to:

• create a legal entitlement for students with disability to enrol in a local mainstream school
• provide that the right to enrolment is subject only to ‘unjustifiable hardship’ in the sense used in the Disability Discrimination Act 1992 (Cth).

State and territory governments should take the following actions to prevent gatekeeping in mainstream schools:

• maintain a central record of decisions on enrolment refusal or cancellation and provide an annual report to the responsible minister for education on trends and any additional actions required to address barriers
• establish an independent review process to enable a parent or supporter of a child or young person with disability to challenge a refusal to enrol the child or young person in a school.

State and territory educational authorities should disseminate clear, accessible, transparent material for students with disability and their families on their rights, the obligations of schools relating to applications to attend a local school, and review processes.

Victorian Government response to recommendation 7.1

We accept this recommendation in principle.

We support students with disability to attend their local mainstream school. The Education and Training Reform Act (2006) provides for this.

We also support fair and equitable enrolment and appeals processes.

We will explore the suggestion for a central record of enrolment decisions.

Recommendation 7.2 Prevent the inappropriate use of exclusionary discipline against students with disability

State and territory educational authorities should review all regulations, rules, procedures and other instruments regulating exclusionary discipline to ensure they:

• adopt the principle that education providers:
  • should avoid the use of exclusionary discipline on students with disability unless exclusion is necessary as a last resort to avert the risk of serious harm to the student, other students or staff
  • in considering the use of exclusionary discipline, consider the student’s disability, needs and age, and the particular effects of exclusionary discipline for young children
  • require steps to be taken before exclusion to ensure an individual behaviour plan and reasonable adjustments have been implemented for the student, including consultation with the student and their family, carers or supporters.
• include a duty for principals to report the repeated use of exclusionary discipline involving a student with disability to an escalation point within educational authorities for independent case management
• include a robust review or appeals process for students with disability and their families or carers and supporters
• ensure students with disability have access to educational materials appropriate to their educational and behavioural needs while subject to exclusionary discipline
• support students with disability to re-engage in education post exclusion.

State and territory educational authorities should review provisions governing the registration of non-government schools to impose obligations relating to exclusionary discipline in the non-government sector that are commensurate with those of the government sector.

Section 22(2)(b) of the Disability Discrimination Act 1992 (Cth) should be amended to cover ‘suspension and exclusion’ as well as expulsions.

Victorian Government response to recommendation 7.2

We accept this recommendation in principle.

We continue to work towards preventing the inappropriate use of exclusion against students with disability.

The Department of Education is considering the suggested approaches. This includes via independent case management and suspension.

We will need to work with other parties such as the non-government school sector to put some parts of this recommendation in place.

Together with the Commonwealth, states and territories, we agree in principle with, and will work together on, the parts of recommendation 7.2 that need a national response.

Joint response to recommendation 7.2

Accept in principle

The Australian Government and state and territory governments support the Disability Royal Commission’s vision for more accessible and inclusive education for school students with disability.
Education Ministers commit to work in partnership with people with disability to set out how this vision will be achieved over time.

Recommendation 7.3 Improve policies and procedures on the provision of reasonable adjustments to students with disability

1. State and territory educational authorities should develop and make available in accessible form:
   • guidelines to enable schools, principals and teachers to comply with their statutory obligations to provide adjustments for children and young people with disability
   • guidelines addressing the relationship between the statutory duty to provide adjustments and duties of care imposed on educational authorities, schools, principals, teachers and staff, such as those imposed by occupational health and safety legislation and the general law
   • guidelines addressing the processes for identifying, planning, implementing and evaluating adjustments required for individual students with disability
   • guidelines explaining the nature and content of the obligation under the Disability Standards for Education 2005 (Cth) (Education Standards) to consult with students with disability and their parents, carers and supporters
   • information explaining the sources of funding for providing supports to students with disability and the procedures governing the allocation of funds for that purpose
   • requirements for schools and principals to keep records and to report on the provision of adjustments for individual students with disability
   • guidelines for developing individual learning plans for students with disability, including requirements for keeping records on the learning program for each student and for making the records available to parents, carers and supporters
   • guidelines for ensuring equal access to consent, relationships and sexuality education for students with disability through learning resources, including for neurodiverse students and LGBTIQA+ students.
2. State and territory educational authorities should ensure that education providers have greater access to tools and resources to:
   • assist principals and teachers to adapt the curriculum and teaching and assessment practices to enable diverse learners, especially those with complex communication or support needs, to participate in learning experiences on the same basis as students without disability enrolled in the same course (subject to the unjustifiable hardship qualification in the Disability Discrimination Act 1992 (Cth))
   • support culturally safe adjustments to teaching strategies for particular students with disability, such as First Nations students and students from culturally and linguistically diverse communities.
3. The Australian Government, through the responsible minister, should consider whether the Education Standards should be amended to address the proposals in a) and b). However, any such consideration should not delay state and territory educational authorities implementing a) and b).

Victorian Government response to recommendation 7.3

We accept this recommendation in full.

We are already on track to implement this recommendation. However, we have identified ways to make further improvements.

The Department of Education is rolling out disability inclusion reforms. These reforms guide and support the implementation of recommendations 7.3 (a) and (b).

This includes providing guidelines and resources for schools to make adjustments that meet the needs of students with disability.

The Commonwealth, states and territories agree in principle on recommendation 7.3 (c), which needs national action.

Joint response to recommendation 7.3

Accept in principle

The Australian Government and state and territory governments support the Disability Royal Commission’s vision for more accessible and inclusive education for school students with disability.

Education Ministers commit to work in partnership with people with disability to set out how this vision will be achieved over time.

Recommendation 7.4 Participation in school communities

State and territory school educational authorities should:

• wherever practicable, locate any new non-mainstream schools and, over time, relocate existing non-mainstream schools within or in close proximity to mainstream schools
• facilitate, to the maximum extent feasible, participation by individual students and groups of students enrolled in non-mainstream schools in educational, cultural, sporting, recreational and celebratory activities with their peers (whether with or without disability) enrolled in mainstream schools
• create partnerships between mainstream and non-mainstream schools as a means of encouraging and arranging regular interchange between students enrolled in each setting.

Victorian Government response to recommendation 7.4

We accept this recommendation in principle.

We recognise that meaningful engagement between students with and without disability benefits everyone.

We will continue to support mainstream and specialist schools to share education, cultural, sporting, recreational and celebratory activities.

We will continue to build new specialist schools on local school sites where possible.

Recommendation 7.5 Careers guidance and transition support services

State and territory educational authorities should implement a careers guidance and transition support service for students with disability to aid transition from all educational institutions to further education and/or open employment. The service should:

• commence transition planning in year 9 in collaboration with students, their parents and carers to help students define and articulate their goals and aspirations beyond school
• take into account the diversity of students with disability, including students with higher levels of support needs, First Nations students and students from culturally and linguistically diverse backgrounds
• provide students with disability and their families access to clear and accessible information and resources about future study options and labour market opportunities
• provide students with opportunities to undertake work experience in open employment aligned with their goals and interests
• provide linkages to further education providers, employment service providers and government services (including the National Disability Coordination Officer Program, the National Disability Insurance Scheme (NDIS) School Leaver Employment Support, Disability Employment Services, and NDIS Local Area Coordinators).

Victorian Government response to recommendation 7.5

We accept this recommendation in principle.

We recognise the value of careers guidance and work-based learning opportunities during secondary school. This helps students go on to further education and careers.

We have invested $7.3 million over 4 years to fund TAFE officers to support the transition of students with a disability from senior secondary schools to TAFEs.

All 16 TAFE Network members have created Disability Transition Support Officer positions. Thirteen of these positions are filled. We are actively recruiting for the remaining ones.

Recommendation 7.6 Student and parental communication and relationships

1. State and territory educational authorities should update their policies and guidance for schools to support the implementation and continuous improvement of requirements for student and parental communication and relationships. These should:
   • include clear, accessible material for students with disability and their families on their rights and school obligations
   • target decision-making for individual students and at the whole-of-school-level
   • cover applications to attend a local school and address how students and parents should expect to be involved in decision making, adjustments and complaints handling and informal resolution processes
   • indicate types of decisions that require formal parental agreement, such as approaches to behaviour management
   • be co-designed with people with disability and their families.
2. State and territory educational authorities should develop material similar to that outlined in a) specifically for First Nations students with disability in consultation with First Nations students with disability, parents and kinship carers. The cultural diversity and understanding of disability in Aboriginal and Torres Strait Islander cultures should be considered in this process.
3. School principals should work with their governing bodies and school communities to establish local school policies, procedures and practices to enable students with disability and their parents, carers and advocates to fully and effectively take part in the school community and decisions that affect a student’s educational experience.
4. In undertaking c), school principals should consult with First Nations parents and kinship carers and consider the cultural diversity and understanding of disability in Aboriginal and Torres Strait Islander cultures.
5. The Australian Government, through the responsible minister, should consider updating the Disability Standards for Education 2005 (Cth) to:
   • ensure students with disability can participate as fully as possible in an age-appropriate manner in decision making concerning their educational programs and the adjustments they require
   • entitle parents, supporters and carers of students with disability to be assisted by schools or principals on decisions relating to school-wide adjustments to facilities and classroom practices of particular significance to students with disability.

Victorian Government response to recommendation 7.6

We accept this recommendation in principle.

We are on track to meet recommendation 7.6. It aligns with our Marrung Aboriginal Education Plan 2016–2026 and disability inclusion reforms. The recommendation also aligns with our work to co-design resources with students with disability and disability stakeholder organisations.

We will engage with the non-government sector to find more opportunities to improve resources for families and carers.

We will work with the Commonwealth, states and territories to provide a national response to recommendation 7.6 (e).

Joint response to recommendation 7.6

Accept in principle

The Australian Government and state and territory governments support the Disability Royal Commission’s vision for more accessible and inclusive education for school students with disability.

Education Ministers commit to work in partnership with people with disability to set out how this vision will be achieved over time.

Recommendation 7.7 Inclusive education units and First Nations expertise

1. State and territory educational authorities should establish inclusive education units within the relevant departments. These units should provide:
   • advice to educational authorities, educational institutions and principals on inclusive education issues and policies, and on funding priorities
   • resources and advice to schools and teachers about implementing inclusive education.
2. Educational authorities should ensure that inclusive education units contain First Nations expertise to allow them to take actions required to improve access to inclusive and culturally appropriate education for First Nations students with disability.

Victorian Government response to recommendation 7.7

We accept this recommendation in full.

The Inclusive Education Division and Koorie Outcomes Division are currently in the same Department of Education organisational group.

However, from 1 July 2024, the Koorie Outcomes Division will form its own group, First Nations Strategy, Policy and Programs.

The 2 areas will continue to work together to develop resources and support for Koorie learners with disability.

Recommendation 7.8 Workforce capabilities, expertise and development

Knowledge and skills

1. The Education Ministers Meeting should commission the Australian Institute for Teaching and School Leadership (AITSL) to review and amend the Australian Professional Standards for Teachers (APST) to embed a human rights-based approach to inclusive education for students with disability across teachers’ careers.
2. To provide guidance for teachers on the revised APST, the Education Ministers Meeting should instruct AITSL to develop an inclusive education capability framework, setting out the knowledge, skills and attitudes to deliver inclusive education.

Continuing professional development

3. State and territory educational authorities should create and implement professional development strategies based on an inclusive education capability framework for principals, teachers, teaching assistants and teachers of deaf children.

Disability expertise and skills shortages

4. The Education Ministers Meeting should expand the National Teacher Workforce Action Plan to identify actions that can strengthen initial teacher education in inclusive education and attract and retain people with disability and others with expertise in delivering inclusive education.
5. State and territory governments should increase access to expertise in inclusive education in government schools by:
   • employing lead practitioners specialising in inclusive teaching, behavioural support and deaf education to work across schools in a regional catchment to initiate and lead activities that focus on improving educational opportunities for students with disability, including by establishing inclusive learning environments that meet the needs of students
   • employing skilled and qualified Auslan interpreters
   • setting employment targets for people with disability in government schools and working with all school sectors in their jurisdiction to increase disability employment.

Victorian Government response to recommendation 7.8

We accept this recommendation in principle.

Victoria is on track to meet this recommendation.

The Department of Education’s current program of disability inclusion reforms will guide our response to recommendation 7.8 (c).

We agree in principle with recommendation 7.8 (a), (b) and (d). We will work with the Commonwealth and states and territories on a national response.

Joint response to recommendation 7.8

Accept in principle

The Australian Government and state and territory governments supports the Disability Royal Commission’s vision to build workforce capability and expertise and strengthen complaints management practices.

Considerable progress has already occurred in relation to these recommendations as part of the National Teacher Workforce Action Plan and the review of the Disability Standards for Education 2005 Review undertaken in 2020.

Recommendation 7.9 Data, evidence and building best practice

Data development and collection

1. The Education Ministers Meeting should:
   • commission a national project to develop data definitions and data collection methods to enable consistent and comparable reporting on educational experiences and outcomes of students with disability
   • ensure data and information (as detailed at the Appendix and disaggregated by Nationally Consistent Collection of Data on School Students with Disability (NCCD) category, gender, age, stage of schooling, First Nations students, students from culturally and linguistically diverse backgrounds and LGBTIQA+ status) is collected by state and territory departments on:
     • student experiences
     • school outcomes for students with disability
     • progress in addressing barriers to inclusive education practices.
2. State and territory governments should enhance data systems and processes to enable all schools to submit at least the minimum data required in the prescribed format.
3. State and territory school registration authorities should:
   • embed data requirements set by the Education Ministers Meeting in registration requirements for all schools in their jurisdiction
   • require parents registering children with disability for home schooling with the state or territory school regulator to submit standardised information about their child’s educational, social and behavioural progress and support needs to improve understanding of students with disability who are being home schooled and their outcomes.

Monitoring and reporting

4. State and territory education departments should annually report jurisdictional data to the Education Ministers Meeting on minimum data requirements for students with disability. Based on the jurisdictional data, the Education Ministers Meeting should monitor and publicly report annually on:
   • the educational experiences of students with disability
   • outcomes of students with disability
   • progress in addressing barriers to inclusive education practices.
5. To improve reporting of disability data, the Education Ministers Meeting should:
   • publish school-level NCCD student numbers (by adjustment level) on the My School website, having due regard for privacy issues
   • commission the Australian Curriculum Assessment and Reporting Authority to work with states and territories on data collection requirements to enable reporting on National Assessment Program – Literacy and Numeracy results for students with disability
   • include broader school workforce characteristics and information about workforce shortages in state and territory and Australian Government annual inclusive education reporting.

Improving the evidence base

6. To improve the evidence base for best practice for inclusive education, the Education Ministers Meeting should commission the Australian Education Research Organisation to:
   • develop a research program about inclusive education practices, working with teachers, schools, education systems and people with disability
   • conduct and coordinate inclusive education research
   • support schools to translate research into school practices.

Victorian Government response to recommendation 7.9

We accept this recommendation in part.

We support better data collection and reporting. This helps us understand the outcomes of students with disability as well as school performance.

We will consider the detail of the recommendation and its implications.

We are concerned about the reporting approach described. This includes the implications for schools, student privacy risks and data quality for school-level reporting.

Together with the Commonwealth, states and territories, we agree in principle with recommendation 7.9 parts (a) and (d) to (f). We will collaborate on a national response.

Joint response to recommendation 7.9

Accept in principle

The Australian Government and state and territory governments support a vision for improved data and evidence on the experience and outcomes of students with disability, building best practice for inclusive education and improving funding for students with disability.

Implementing these recommendations requires further consideration by governments, including further work to consider data collection categories and reporting. In addition, implementing components of these recommendations will require consideration of impacts on workload for schools and data management systems.

State and territory governments will consider how to deliver the intent of these recommendations within their jurisdictions.

Recommendation 7.10 Complaint management

1. State and territory governments should create or expand existing complaint management offices that operate within educational authorities at arm’s length from schools to help resolve complaints about schools, specifically complaints concerning the treatment of students with disability. These offices should be empowered to:
   • provide students and parents with information about their rights and options when managing complaints
   • request information and conduct conciliations, connecting families with advocacy support and specialist disability expertise where needed
   • initiate a formal investigation if a complaint is serious or otherwise indicates systemic issues
   • support and assist the complainant in referring matters to the appropriate regulator or independent oversight body if a complaint cannot be effectively resolved
   • work with schools to analyse complaints and regularly report on how education systems might improve to reduce future complaints
   • work with school principals to ensure school policies are student-centric, accessible, efficient, safe, trauma-informed and culturally appropriate.
2. The Australian Government should include new duties and measures relating to complaint management procedures in the Disability Standards for Education 2005 (Cth) (Education Standards) to help achieve national quality and consistency, and ensure complaint handling processes are student-centric, accessible, efficient, safe, trauma-informed and culturally appropriate.
3. State and territory school registration authorities should embed new complaint handling duties and measures for compliance, as defined in the Education Standards, in registration requirements for all schools in their jurisdiction as a basis to monitor and enforce compliance.
4. School principals should ensure their school-level operating policies and procedures for handling complaints:
   • satisfy the Education Standards requirements
   • are student-centric, accessible, efficient, safe, trauma-informed and culturally appropriate
   • are observed in practice.

Victorian Government response to recommendation 7.10

We accept this recommendation in part.

We have already put in place, or are currently working on, many of the components of the recommendation.

In addition, the Department of Education has processes for parents and carers to make complaints about schools.

We agree with connecting families to external advocacy services. However, we consider the best way to do this is by referring people to disability organisations for information and support.

In principle, we agree with recommendation 7.10 (b). We will work with the Commonwealth and states and territories on a national response to any changes to the Disability Standards for Education.

Joint response to recommendation 7.10

Accept in principle

The Australian Government and state and territory governments supports the Disability Royal Commission’s vision to build workforce capability and expertise and strengthen complaints management practices.

Considerable progress has already occurred in relation to these recommendations as part of the National Teacher Workforce Action Plan and the review of the Disability Standards for Education 2005 Review undertaken in 2020.

Recommendation 7.11 Stronger oversight and enforcement of school duties

1. State and territory governments should strengthen the enforcement of inclusive education practices by expanding school registration requirements to include:
   • school enrolment policies (see Recommendation 7.1)
   • procedures to ensure members of the school workforce understand their obligations and are supported to access professional development (see Recommendation 7.8)
   • procedures to collect, analyse and report on complaints and the use of restrictive practices and exclusionary discipline (see Recommendations 7.2 and 7.10)
   • reporting on the use of funding for students with disability (see Recommendation 7.12).
2. State and territory school registration authorities should monitor compliance with these requirements through cyclical reviews of schools and out-of-cycle reviews in response to individual complaints (or complaint trends) or other information that indicates possible non-compliance with regulatory requirements.
3. The Western Australian, Australian Capital Territory and Northern Territory governments should identify appropriate mechanisms to ensure government schools in their jurisdictions are subject to these mandatory obligations, with appropriate monitoring, compliance and enforcement.

Victorian Government response to recommendation 7.11

We accept this recommendation in principle.

We support the intent of the recommendation. However, we need to consider further the best way to achieve it.

This includes the implications of extending the school registration authority’s role to oversee non-government schools.

Recommendation 7.12 Improving funding

1. The Australian Government should work with the Education Ministers Meeting to refine the Nationally Consistent Collection of Data on School Students with Disability (NCCD) levels of adjustments and associated funding for students with disability in response to the findings of the Student with disability loading settings review.
2. The Australian Government and the Education Ministers Meeting should review disability loading settings and total funding for adjustments every five years to ensure the funding allocated bears a close relationship to the actual cost of supporting students with disability in classrooms and to determine appropriate indexation and distribution of funding.
3. State and territory governments should ensure they are using a disability funding model based on strengths and needs that aligns with enhanced NCCD levels of adjustment and Australian Government needs-based funding arrangements to enable students with disability to access and participate in education on an equal basis to their peers.
4. State and territory education departments should improve transparency on the use of disability funding in the government school sector by:
   • developing a methodology and reporting template to record the use of all sources of school funding against defined categories of adjustments and support for students with disability
   • applying this methodology and template to record expenditure on services and staff commissioned by the department on behalf of schools for students with disability
   • publicly reporting on how the needs of students with disability are being met from all available resources, with early priority given to capturing the use of disability-specific loadings and other disability-specific program funding.
5. State and territory school registration authorities should require schools to complete the funding template mentioned at d) and submit the template to the relevant state or territory education department.

Victorian Government response to recommendation 7.12

We accept this recommendation in part.

We already use a strengths-based approach to individualised funding in Education. This includes the new tiered funding model and Disability Inclusion Profile.

We support further national work to address inconsistency in the Nationally Consistent Collection of Data and ensure funding is appropriately targeted.

We are concerned about the reporting approach described in 7.12 (d) and (e). We need to do more work on data collection categories, reporting and management systems, and the impact on workload for schools.

Together with the Commonwealth, states and territories, we agree in principle with recommendation 7.12 (a) and (b). We will collaborate on a national response.

Joint response to recommendation 7.12

Accept in principle

The Australian Government and state and territory governments support a vision for improved data and evidence on the experience and outcomes of students with disability, building best practice for inclusive education and improving funding for students with disability.

Implementing these recommendations requires further consideration by governments, including further work to consider data collection categories and reporting. In addition, implementing components of these recommendations will require consideration of impacts on workload for schools and data management systems.

State and territory governments will consider how to deliver the intent of these recommendations within their jurisdictions.

Recommendation 7.13 National Roadmap to Inclusive Education

1. The Education Ministers Meeting should publicly release a ‘National Roadmap to Inclusive Education’ for students with disability. The roadmap should:
   • detail the outcome measures, targets, actions and milestones for delivering the Royal Commission’s recommendations for inclusive education
   • provide public transparency on how the recommendations will be implemented and progress tracked and publicly reported.
2. State and territory education ministers should report annually to the Education Ministers Meeting on progress against agreed milestones and associated outcome performance measures in the roadmap. Annual progress reports should outline actions to overcome identified barriers to progress and be publicly released.
3. The Education Ministers Meeting should identify the National Roadmap to Inclusive Education in its 2024 report to National Cabinet as one of its priorities and include it in its workplan.

Victorian Government response to recommendation 7.13

We accept this recommendation in principle.

We support the Disability Royal Commission’s vision for more accessible and inclusive education for school students with disability.

The recommendation aligns with our disability inclusion reforms.

We will join discussions on the development of the National Roadmap to Inclusive Education.

Joint response to recommendation 7.13

Accept in principle

The Australian Government and state and territory governments support the Disability Royal Commission’s vision for more accessible and inclusive education for school students with disability.

Education Ministers commit to work in partnership with people with disability to set out how this vision will be achieved over time.

Recommendation 7.14 Phasing out and ending special/segregated education

Commissioners Bennett, Galbally and McEwin recommend:

1. The Australian Government and state and territory governments should recognise that inclusive education as required by article 24 of the Convention on the Rights of Persons with Disabilities is not compatible with sustaining special/segregated education as a long-term feature of education systems in Australia.
2. As part of the National School Reform Agreement 2025–2029, the Education Ministers Meeting should agree to:
   • the phasing out of special/segregated education
   • no new special/segregated schools being built or new special/segregated classes or units being included within schools from 2025
   • a process for work on milestones and activities related to ceasing special/segregated education by all jurisdictions.
3. As part of the National School Reform Agreement 2030–2034, the Education Ministers Meeting should agree to milestones for phasing out and ending special/segregated education settings and financial penalties for failing to meet these milestones, including:
   • no new enrolments of students with disability in special/segregated schools from 2032
   • no new placements of students with disability in special/segregated units or classes from 2041
   • no students remaining in special/segregated schools by the end of 2051.
4. The Education Ministers Meeting should update the Roadmap to Inclusive Education and Australia’s Disability Strategy to incorporate the milestones and actions to phase out and end special/segregated education settings included in the National School Reform Agreement 2030–2034.
5. The Australian Government should consider the design of a ‘Transition Fund’ under the National School Reform Agreement from 2028 to provide discrete funding to schools that require additional support as part of their transition journey, with clear performance and reporting requirements.
6. Consistent with phasing out and ending special/segregated education, states and territories should implement the following recommendations:
   • when no students are in special/segregated schools, the sunsetting of:
     • measures to prevent gatekeeping (see Recommendation 7.1)
     • provisions to facilitate the engagement of students with disability enrolled in special/segregated schools with students and activities of mainstream schools (see Recommendation 7.4)
   • to prevent stigmatisation and segregation of students with disability, ensure the careers guidance and transition support program for students with disability (see Recommendation 7.5):
     • is delivered alongside careers guidance for students without disability
     • has clear rules that no student with disability can be referred to work experience or employment through Australian Disability Enterprises.

Victorian Government response to recommendation 7.14

We do not accept this recommendation.

We value the role specialist schools play in the education system.

We will continue to provide parents and carers with the choice of enrolling their child in a school that is right for them – whether that is an inclusive local school or a specialist school.

We recognise that inclusion does not mean a ‘one size fits all’ approach to education.

Together with the Commonwealth, states and territories, we note recommendation 7.14 (a) to (e). We acknowledge that state and territory governments are responsible for registering schools while making education more inclusive.

Joint response to recommendation 7.14

Note

The Australian Government and state and territory governments note the differing views held by Commissioners and the community on special/segregated settings.

The Australian Government recognises the ongoing role of specialist settings in service provision for students with disability and providing choice for students with disability and their families.

State and territory governments will continue to be responsible for making decisions about registration of schools in their jurisdictions, with the intent to strengthen inclusive education over time.

Recommendation 7.15 An alternative approach

The Chair and Commissioners Mason and Ryan recommend:

1. State and territory educational authorities should implement the following measures:
   • wherever practicable locate new non-mainstream schools (that is, schools that enrol exclusively or primarily children and young people with complex support needs) and relocate existing non-mainstream schools within or in close proximity to mainstream schools
   • create partnerships between mainstream and non-mainstream schools as a means of encouraging and arranging regular interchange between groups of students enrolled in the schools
   • facilitate to the maximum extent feasible participation by individual students and groups of students enrolled in non-mainstream schools in educational, cultural, sporting, recreational and celebratory activities with their peers in partnership with mainstream schools and other educational institutions
   • arrange for students in non-mainstream schools, where practicable, to participate in classes and educational activities with their peers in mainstream schools
   • establish programs for students enrolled in mainstream schools to participate in activities with their peers in non-mainstream schools
   • provide, where appropriate, for concurrent enrolment for individual students in both mainstream and non-mainstream schools
   • assist non-mainstream schools to facilitate where appropriate, the transition of students with disability, particularly those with complex support needs, to mainstream schools, whether on a full-time or part-time basis
   • provide assistance to mainstream and non-mainstream schools in understanding the strengths and skills of students with disability for post-school transition, including assistance in planning and preparing for further study and training
   • ensure non-mainstream schools encourage and support students with disability completing their education to seek and obtain employment in the open labour market, rather than in Australian Disability Enterprises or similar environments.
2. The National Disability Commission (see Recommendation 5.5) should conduct or arrange for a comprehensive review of progress towards providing inclusive education for children and young people with complex support needs. The review’s assessment should include the matters we have identified.

Victorian Government response to recommendation 7.15

We accept this recommendation in principle.

We provide students and their parents or carers with the choice of an inclusive local school or a specialist school.

We are investing $1.6 billion to deliver disability inclusion reforms. This will make inclusive education a part of everyday practice in all schools and classrooms. It is transforming the way students with disability are funded and supported in all Victorian government schools.

We understand that some students and their parents or carers prefer the specialised education programs and settings of specialist schools.

Together with the Commonwealth, states and territories, we note recommendation 7.15 (b). We acknowledge that state and territory governments are responsible for registering schools while making education more inclusive.

Joint response to recommendation 7.15

Note

The Australian Government and state and territory governments note the differing views held by Commissioners and the community on special/segregated settings.

The Australian Government recognises the ongoing role of specialist settings in service provision for students with disability and providing choice for students with disability and their families.

State and territory governments will continue to be responsible for making decisions about registration of schools in their jurisdictions, with the intent to strengthen inclusive education overtime.

Recommendation 7.16 Priorities for inclusion in the new Disability Employment Services model

The Australian Government Department of Social Services should ensure that the design of the new Disability Employment Services model:

• is developed using inclusive design principles, and co-designed by people with disability who are employed as paid members of the design team
• adopts customised employment models as a core component of service provision
• ensures funding arrangements facilitate flexible employment supports, such as customised employment, and support the progress of Disability Employment Services participants in achieving employment goals and long-term employment outcomes
• considers options to remove the requirement for a person to have a minimum future work capacity of eight hours a week in order to access the Disability Employment Services program, to facilitate access for all people with disability to the new model.

Victorian Government response to recommendation 7.16

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.17 Develop education and training resources for Disability Employment Services staff

The Australian Government Department of Social Services should develop a suite of accessible education and training resources for providers of Disability Employment Services to upskill their staff.

Resources should be co-designed by people with disability and involve consultation with advocates, employers and Disability Employment Services providers.

Resources should address the gaps we have identified, including in:

• disability awareness
• cultural competence
• human rights
• customised employment
• employer engagement
• Disabilities Employment Services guidelines and procedures.

Victorian Government response to recommendation 7.17

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.18 Establish specific and disaggregated targets for disability employment in the public sector

The Australian Government and state and territory governments should adopt specific and disaggregated targets to increase the proportion in the public sector of:

• employees with disability at entry and graduate levels
• employees with disability at executive levels
• employees with cognitive disability.

Public sector targets should be supported by:

• clear employment pathways into the relevant public services for each target cohort
• measures and programs to support the recruitment and progression of each target cohort
• provision of appropriate supports.

The Australian Public Service Commission and state and territory public service commissions should ensure these targets contribute to their existing overall employment targets for people with disability.

Victorian Government response to recommendation 7.18

We accept this recommendation in principle.

We have a target of 12% disability employment in the Victorian public service by 2025. Our Getting to Work Action Plan sets out how we will do this.

We will need to consider the implications of this recommendation. This includes how we will measure, monitor and achieve the targets.

We will also need to consider how to develop, co-design and fund this approach.

Joint response to recommendation 7.18

Accept in principle

The Australian Government and state and territory governments support continued action to increase opportunities for people with disability in public sector employment across Australia.

All governments recognise that people with disability have a right to work, and that employment supports an individual’s social and economic participation and independence in society.

As large employers, public services have a crucial national role as leaders in modelling best practice inclusion that can positively influence other employers and workplaces.

Governments agree that specific employment targets can have a positive impact on the number of people with disability employed in the public sector, noting that some jurisdictions may need to further consider data limitations and privacy considerations before committing to disaggregated targets.

The Australian Government and state and territory governments also support continued and increased focus on ensuring public sector workplaces are accessible and inclusive for people with disability, including through workplace adjustments. Public service commissioners will work together to share best practice on improving public sector employment outcomes for people with disability.

Governments also support in principle adopting procurement policies that encourage inclusive employment practices in the private sector, noting governments will individually consider opportunities and approaches that most appropriately work with respective government procurement frameworks.

Recommendation 7.19 Establish specific disability employment targets for new public service hires in agencies and departments

The Australian Government and state and territory government departments and agencies should be required to set a target to ensure that a proportion of new public service hires to their respective workforce are people with disability.

The target should be at least 7 per cent by 2025.

The target should increase to at least 9 per cent by 2030.

Victorian Government response to recommendation 7.19

We accept this recommendation in principle.

We have a target of 12% disability employment in the Victorian public service by 2025. Our Getting to Work Action Plan sets out how we will do this.

We will need to consider the implications of disaggregating this target. This includes how we will measure, monitor and achieve the targets.

We will also need to consider how to develop, co-design and fund this approach.

Joint response to recommendation 7.19

Accept in principle

The Australian Government and state and territory governments support continued action to increase opportunities for people with disability in public sector employment across Australia.

All governments recognise that people with disability have a right to work, and that employment supports an individual’s social and economic participation and independence in society.

As large employers, public services have a crucial national role as leaders in modelling best practice inclusion that can positively influence other employers and workplaces.

Governments agree that specific employment targets can have a positive impact on the number of people with disability employed in the public sector, noting that some jurisdictions may need to further consider data limitations and privacy considerations before committing to disaggregated targets.

The Australian Government and state and territory governments also support continued and increased focus on ensuring public sector workplaces are accessible and inclusive for people with disability, including through workplace adjustments. Public service commissioners will work together to share best practice on improving public sector employment outcomes for people with disability.

Governments also support in principle adopting procurement policies that encourage inclusive employment practices in the private sector, noting governments will individually consider opportunities and approaches that most appropriately work with respective government procurement frameworks.

Recommendation 7.20 Clarify the application of the merit principle in public sector recruitment

The Australian Public Service Commission should incorporate clearer directions in Australian Public Service training and support on applying the merit principle in recruitment. Training and support materials should:

• specifically address the importance of having a diverse public sector workforce that reflects the community it serves
• provide guidance in considering the need for diversity in the application of the merit principle in recruitment.

Victorian Government response to recommendation 7.20

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.21 Introduce consistent adjustment principles and adjustment passports

The Australian Public Service Commission should:

1. lead the development of common principles to underpin adjustment policies for providing and managing adjustments in the public sector. This should occur in partnership with state and territory public service commissions. The principles should be used to inform Australian Government and state and territory government department policies and procedures on adjustments. The principles should include:
   • clear and accessible processes for staff to request adjustments
   • timeframes for implementing adjustments and a process for review and seeking feedback on adjustments
   • clear and accessible processes for making and responding to complaints relating to adjustments (including complaints about refusal to provide an adjustment)
   • clear policies on handling and sharing information about a person’s disability or adjustments
   • referrals to internal and external supports in relation to requesting and managing adjustments
   • requirements to collect data on applications for, and the implementation of, adjustments.
2. develop an Australian Public Service-wide adjustment passport to improve the ease with which people with disability can maintain and transfer their adjustments when moving within the Australian Public Service.

Victorian Government response to recommendation 7.21

We accept this recommendation in principle.

We support establishing common principles to manage adjustments in public sector workplaces.

We welcome the opportunity to contribute to the Australian Public Sector Commission’s work on this.

We will need to consider how to develop, co-design and fund this work, including requirements for data collection.

Joint response to recommendation 7.21

Accept in principle

The Australian Government and state and territory governments support continued action to increase opportunities for people with disability in public sector employment across Australia.

All governments recognise that people with disability have a right to work, and that employment supports an individual’s social and economic participation and independence in society.

As large employers, public services have a crucial national role as leaders in modelling best practice inclusion that can positively influence other employers and workplaces.

Governments agree that specific employment targets can have a positive impact on the number of people with disability employed in the public sector, noting that some jurisdictions may need to further consider data limitations and privacy considerations before committing to disaggregated targets.

The Australian Government and state and territory governments also support continued and increased focus on ensuring public sector workplaces are accessible and inclusive for people with disability, including through workplace adjustments. Public service commissioners will work together to share best practice on improving public sector employment outcomes for people with disability.

Governments also support in principle adopting procurement policies that encourage inclusive employment practices in the private sector, noting governments will individually consider opportunities and approaches that most appropriately work with respective government procurement frameworks.

Recommendation 7.22 Public reporting on public sector disability employment strategies and targets

The Australian Public Service Commission and state and territory public service commissions should report annually on the progress of their public sector disability employment strategies, including progress against overall and disaggregated targets for increasing the percentage of employees with disability. These reports should be published and made available in accessible formats.

Victorian Government response to recommendation 7.22

We accept this recommendation in principle.

We publicly report on our disability employment strategies and progress towards targets.

We will need to consider how to develop, co-design and fund reporting against disaggregated targets.

Joint response to recommendation 7.22

Accept in principle

The Australian Government and state and territory governments support continued action to increase opportunities for people with disability in public sector employment across Australia.

All governments recognise that people with disability have a right to work, and that employment supports an individual’s social and economic participation and independence in society.

As large employers, public services have a crucial national role as leaders in modelling best practice inclusion that can positively influence other employers and workplaces.

Governments agree that specific employment targets can have a positive impact on the number of people with disability employed in the public sector, noting that some jurisdictions may need to further consider data limitations and privacy considerations before committing to disaggregated targets.

The Australian Government and state and territory governments also support continued and increased focus on ensuring public sector workplaces are accessible and inclusive for people with disability, including through workplace adjustments. Public service commissioners will work together to share best practice on improving public sector employment outcomes for people with disability.

Governments also support in principle adopting procurement policies that encourage inclusive employment practices in the private sector, noting governments will individually consider opportunities and approaches that most appropriately work with respective government procurement frameworks.

Recommendation 7.23 Strengthen disability employment procurement policies

The Australian Government and state and territory governments should adopt procurement policies that:

1. favour businesses and entities able to demonstrate, in accordance with published criteria, they are providing employment opportunities for people with disability in open, inclusive and accessible settings, including people with intellectual disability or cognitive impairments.
2. require all information and communication technology purchases to comply with the current Australian information and communication technology (ICT) accessibility standard (AS EN 301 549:2020 – Accessibility requirements for ICT products and services).

Victorian Government response to recommendation 7.23

We accept this recommendation in principle.

For part (a) of this recommendation, our Social Procurement Framework creates employment opportunities for people with disability through government procurement.

For part (b) of this recommendation, we support accessibility within digital products and services. We will consider the feasibility of requiring compliance with the standard.

Joint response to recommendation 7.23

Accept in principle

The Australian Government and state and territory governments support continued action to increase opportunities for people with disability in public sector employment across Australia.

All governments recognise that people with disability have a right to work, and that employment supports an individual’s social and economic participation and independence in society.

As large employers, public services have a crucial national role as leaders in modelling best practice inclusion that can positively influence other employers and workplaces.

Governments agree that specific employment targets can have a positive impact on the number of people with disability employed in the public sector, noting that some jurisdictions may need to further consider data limitations and privacy considerations before committing to disaggregated targets.

The Australian Government and state and territory governments also support continued and increased focus on ensuring public sector workplaces are accessible and inclusive for people with disability, including through workplace adjustments. Public service commissioners will work together to share best practice on improving public sector employment outcomes for people with disability.

Governments also support in principle adopting procurement policies that encourage inclusive employment practices in the private sector, noting governments will individually consider opportunities and approaches that most appropriately work with respective government procurement frameworks.

Recommendation 7.24 Convene a Disability Employment Rights Council

The Australian Government should convene a Disability Employment Rights Council to improve coordination, consistency and clarity across regulatory bodies and frameworks to improve outcomes for people with disability in employment.

Victorian Government response to recommendation 7.24

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.25 Amend the Fair Work Act 2009 (Cth)

The Fair Work Act 2009 (Cth) should be amended to:

1. ensure the definition of ‘disability’ is consistent with the Disability Discrimination Act 1992 (Cth)
2. remove the words ‘physical and mental’ preceding ‘disability’ in sections 351 and 772.

Victorian Government response to recommendation 7.25

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.26 Amend the Disability Discrimination Act 1992 (Cth)

Section 21A of the Disability Discrimination Act 1992 (Cth) should be amended to expand the factors to be considered in determining whether a prospective or existing employee would be able to carry out the inherent requirements of a particular role.

These factors include the:

• nature and extent of any adjustments made
• extent of consultation with any person with disability concerned.

Victorian Government response to recommendation 7.26

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.27 Enable a Fair Work Ombudsman referral mechanism

The Australian Government should expand the functions of the Fair Work Ombudsman to allow a matter involving an employee with disability to be referred back to the Fair Work Ombudsman by relevant authorities if they:

• consider a complaint may be best addressed by the Fair Work Ombudsman
• have the complainant’s consent to do so.

The referral mechanism should be available in instances where a matter was initially referred by the Fair Work Ombudsman to a relevant authority.

Victorian Government response to recommendation 7.27

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.28 Improve information about wages and the Disability Support Pension

The Australian Government should fund Disability Representative Organisations to deliver an information campaign for employees with disability in Australian Disability Enterprises. This campaign should provide information about:

• open employment, including wage conditions
• how receipt of the Disability Support Pension (DSP) interacts with a person’s wages, including –
  • assistance with financial literacy materials
  • supports for individuals to calculate how changes to their DSP or wages impact their overall income and financial situation
• options for a person to suspend their DSP if they are earning above the threshold
• who to contact to ask questions or obtain further information.

This information should be available in a range of accessible formats.

Victorian Government response to recommendation 7.28

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.29 Embed an ‘open employment first’ approach in the NDIS Participant Employment Strategy

Following the conclusion of the NDIS Participant Employment Strategy in 2023, the National Disability Insurance Scheme (NDIS) should adopt an ‘open employment first’ approach in the next iteration of the strategy. The strategy should:

• ensure the development of employment goals in participants’ NDIS plans considers employment in open and integrated employment settings as a first option
• provide training for Local Area Coordinators, National Disability Insurance Agency planners and support coordinators to build knowledge, resources and capacity to encourage participants to –
  • develop employment goals in open and integrated employment settings as a first option
  • identify appropriate supports available to achieve open employment goals
• establish a target to increase the proportion of participants in open and integrated employment settings
• build the knowledge and capacity of NDIS employment support providers to assist participants to –
  • transition from Australian Disability Enterprises to open and integrated employment settings
  • provide ongoing support in open and integrated employment settings.

Victorian Government response to recommendation 7.29

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.30 Support the transition to inclusive employment

The Australian Government Department of Social Services should develop a plan to support people with disability working in Australian Disability Enterprises (ADEs) to move to inclusive, open employment options in a range of settings.

The plan should incorporate:

• the option for people with disability to continue working in ADEs, with strong and appropriate safeguards, if that is their free and informed choice. Commissioners Bennett, Galbally, Mason and McEwin provide a recommendation to phase out ADEs by 2034 (Recommendation 7.32). They support this element of Recommendation 7.30 until ADEs are phased out
• action to increase employment opportunities in open and inclusive settings for people with disability (linking with Recommendation 7.29)
• improved information for people with disability about employment supports, opportunities in other settings, wages and the Disability Support Pension (linking with Recommendation 7.28)
• active consultation with people with disability, Disability Representative Organisations and Disabled People’s Organisations Australia, and the adoption of inclusive design principles in developing and implementing the plan
• the Australian Government working with industry to support people with disability to access more inclusive, open employment options and to transform their segregated employment services to a more comprehensive service offering
• improved collaboration between the National Disability Insurance Scheme and Disability Employment Services to ensure different employment services work cohesively to deliver supports for people with intellectual disability and others.

Victorian Government response to recommendation 7.30

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.31 Raise subminimum wages

1. The Australian Government should introduce a scheme to ensure that employees with disability are paid at least half the minimum wage. The scheme should include:
   • revision of the productivity-based wages calculation to accommodate the move to a new minimum amount of 50 per cent of the current minimum wage
   • a provision for the Australian Government to subsidise employers for the difference between the wages payable under the relevant award or enterprise agreement and the new minimum wage until 2034.
2. A review of the scheme should be undertaken by the Disability Reform Ministerial Council after five years of operation.
3. The Australian Government should use the results of the review to develop a model and pathway to lift minimum wages payable to employees with disability to 100 per cent of the minimum wage by 2034.

Victorian Government response to recommendation 7.31

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.32 End segregated employment by 2034

1. Commissioners Bennett, Galbally, Mason and McEwin recommend the Australian Government Department of Social Services should develop and implement a National Inclusive Employment Roadmap to transform Australian Disability Enterprises (ADEs) and eliminate subminimum wages for people with disability by 2034.
2. The National Inclusive Employment Roadmap should be centred on the following principles:
   • equal access for people with disability to all opportunities for employment, starting with the Australian Public Service and state and territory public services
   • increased availability of jobs for people with disability, especially in:
     • Australian and state and territory public services supported by the payment of full minimum wages to all employees, consistent with the public sector acting as a model employer. This recommendation would operate in advance of Recommendation 7.31 to raise all subminimum wages to the full minimum wage by 2034
     • non-government organisations that receive government grants
     • private companies that receive government procurement contracts
   • availability of evidence-based supports to facilitate job readiness, participation and ongoing development, particularly for people with intellectual disability
   • better pathways to work for people with disability
   • as set out in Recommendation 7.31, lifting wages to 50 per cent of the minimum wage, with all people with disability moving to the full minimum wage by 2034 (noting our expectation that the public sector, as a model employer, will pay full minimum wages to employees with disability before that time)
   • governance and accountability for system change.
3. The National Inclusive Employment Roadmap should address:
   • the reform of ADEs to operate in accordance with the social firm model, providing open workplaces in which employees with disability can receive support in an integrated setting to undertake work tasks, develop skills and transition to further open employment
   • the establishment of a grant-based Structural Adjustment Fund to support increases in the minimum wage and achieve transformation targets in ADEs
   • support for people with disability to transition to open employment through programs such as the School Leaver Employment Supports program.
4. To support the National Inclusive Employment Roadmap as ADEs transform into social firms, government procurement rules should also be amended to give preference to enterprises that can demonstrate they provide employment opportunities to people with disability in open, inclusive and accessible settings and pay employees with disability at least the full minimum wage at the time of the procurement process (this recommendation would operate in advance of the general recommendation to raise all subminimum wages to the full minimum wage by 2034).
5. The implementation of the National Inclusive Employment Roadmap should be monitored by the Disability Reform Ministerial Council.

Victorian Government response to recommendation 7.32

We will consider this recommendation further.

We will update our Supported Employment Plan in 2024. We will also consider this recommendation as part of the midway review of Inclusive Victoria: state disability plan 2022–2026 in 2024.

Joint response to recommendation 7.32

Subject to further consideration

Supported employment refers to jobs where people with high employment support needs can receive extra support while they are at work.

In Australia, around 160 Australian Disability Enterprises (ADEs), registered as NDIS providers, provide supported employment for approximately 16,000 people with disability. While ADEs currently play an important role in providing employment opportunities for people with disability, they are not, and should not, be the only employment option for people with high employment support needs.

In October 2022, Disability Ministers convened a supported employment roundtable with people with disability, family representatives, ADE representatives, peak bodies and other sector experts. Attendees developed a set of guiding principles for the future of supported employment. The principles aim to ensure people with high support needs have informed choice and control, real options for employment and a range of support to meet their employment goals.

To ensure the guiding principles are brought to life, Disability Ministers agreed a national Supported Employment Plan in November 2023. The plan is focussed on providing people with informed choice and control about their employment, as well as genuine opportunities to work in a wider range of settings, be it in an ADE, social enterprise, in open employment or in their own business.

The Australian Government and state and territory governments acknowledge the significant community interest, and diversity of views, around the Disability Royal Commission’s recommendations on supported employment.

Commissioners Bennett, Galbally, Mason and McEwin recommend the Australian Government develop a National Inclusive Employment Roadmap to transform ADEs and end segregated employment by 2034. While the Chair and Commissioner Ryan have no issue with the implementation of a plan to guide changes that should occur in the operation of ADEs and similar workplaces, they do not describe this process as ending segregated employment. The Chair and Commissioner Ryan do not consider every workplace established exclusively for people with disability should be characterised as segregated in the pejorative sense in which the word is typically understood. They consider workplaces exclusively for people with disability may have a continuing, albeit diminishing, role in providing employment opportunities, especially for people with intellectual or cognitive disability.

The Australian Government will undertake consultation to further consider views and implications associated with this recommendation and then determine next steps. Disability Ministers will also update the Supported Employment Plan in 2024.

Recommendation 7.33 Prioritise people with disability in key national housing and homelessness approaches

1. The Australian Government should, in collaboration with state and territory governments, expressly identify people with disability in key housing-related agreements and planning including the:
   • National Housing and Homelessness Agreement (NHHA), which should include people with disability as a priority group of housing and homelessness reforms
   • proposed National Housing and Homelessness Plan, which should include people with disability as a priority group, and include the measurement and evaluation of outcomes for people with disability
   • National Housing Supply and Affordability Council, which should include people with disability as a priority group in the development of housing supply and affordability policy advice, data collection and reporting.
2. All state and territory governments should include people with disability in housing and homelessness strategies, policies and action plans developed under the NHHA. This should include people with disability as a priority group, and the monitoring and evaluation of implementation and outcomes for people with disability.

Victorian Government response to recommendation 7.33

We accept this recommendation in principle.

Under Inclusive Victoria: state disability plan 2022–2026, we are already providing more people with disability access to affordable, stable and secure and suitable housing.

For example, we have operationalised the standards in the 2022 National Construction Code relating to liveable housing design as of 1 May 2024 across all housing.

We will also increase the supply of accessible social housing for people with disability. This includes ensuring 5% of social housing constructed by Homes Victoria has a high degree of physical accessibility to meet the needs of Victorians with disability.

Where possible, we will continue to align these commitments with national housing and homelessness approaches. This will ensure that social housing is allocated to people with the greatest need, including people with disability.

Joint response to recommendation 7.33

Accept in principle

The Australian Government and state and territory governments recognise the additional barriers people with disability face in accessing appropriate housing, and the disproportionate risks and impacts of homelessness among people with disability.

The National Housing Supply and Affordability Council’s inaugural report State of the Housing System 2024 highlights the rising number of people with disability and that the lack of accessible, inclusive housing disproportionately impacts on people with fixed or low incomes, particularly those with high support needs.

All governments have committed to an ambitious housing reform agenda to boost the supply of all housing, and deliver housing and homelessness supports for vulnerable communities.
To prioritise accessible housing for people with disability, governments will continue working together to develop integrated responses. With respect to the items listed in the recommendation:

• The National Agreement on Social Housing and Homelessness (replacement of the NHHA) is designed to help people who are experiencing, or at risk of, homelessness and support the effective operation of Australia's social housing and homelessness services sectors. It provides jurisdictions with flexibility to address issues for cohorts with disproportionate disadvantage, such as people with disability. The funding available to states and territories through the National Agreement on Social Housing and Homelessness can be prioritised through inclusion of people with disability as a priority group in housing and homelessness strategies, policies and action plans developed under the agreement, and the monitoring and evaluation of implementation and outcomes for people with disability.
• The proposed National Housing and Homelessness Plan is under development and is subject to negotiation between the Australian Government and state and territory governments. It is expected the Plan will be released later in 2024.

• The enabling legislation for the Supply Council, the National Housing Supply and Affordability Council Act 2023, acknowledges the importance of accessibility for people with disability as it is one of the areas of expertise considered when appointing members.

  In addition, other housing policies and programs recognise the importance of supporting people with disability. For example:

• New homes delivered under the National Housing Accord and the Housing Australia Future Fund are required to meet standards in the 2022 National Construction Code relating to liveable housing design.
• The Safe Places Inclusion Round focuses on increasing access to appropriate emergency accommodation for women and children experiencing family and domestic violence (FDV), including women and children with disability. New builds delivered under the Safe Places Inclusion Round are required to meet Livable Housing Australia Silver-level accreditation.

Recommendation 7.34 Include homelessness in Australia’s Disability Strategy

The Australian Government should increase the focus on homelessness in Australia’s Disability Strategy by:

3. ensuring consultations concerning, and reviews of, Australia’s Disability Strategy include people with disability at risk of experiencing homelessness and their representative organisations
4. expressly including homelessness as a policy priority within the ‘Inclusive Homes and Communities’ key outcomes.

Victorian Government response to recommendation 7.34

We accept this recommendation in full.

We support the focus on homelessness in Australia's Disability Strategy. There is an opportunity to align the Accessible Information Plan (recommendation 6.1) and the inclusion of homelessness in the Australian Disability Strategy. This will leverage stakeholder consultations and engagements more efficiently.

Joint response to recommendation 7.34

Accept

The Australian Government and state and territory governments agree to increasing the focus on homelessness in Australia’s Disability Strategy 2021–2031 and are prioritising consideration of this through the review of Australia’s Disability Strategy 2021–31 being undertaken in 2024 in response to recommendation 5.2.

Recommendation 7.35 Increase the availability and supply of accessible and adaptive housing for people with disability through the National Construction Code

State and territory governments should commit to increasing the availability and supply of accessible and adaptive housing for people with disability by:

1. immediately adopting the mandatory Australian Building Codes Board (ABCB) Livable Housing Design Standard for all new dwellings if they have not done so already, and developing a plan for the full implementation of the standard, including timeframes and outcomes measures
2. adopting the voluntary ABCB Livable Housing Design Standard for all new social housing construction
3. auditing the demand for, and accessibility of, current crisis housing (including domestic family violence shelters and refuges, and natural disaster crisis accommodation) to –
   • determine the appropriate amount, location and cost of crisis housing required to meet the needs of people with disability
   • set appropriate targets for new crisis housing construction and refurbishment that meet the voluntary ABCB Livable Housing Design Standard.

Victorian Government response to recommendation 7.35

We accept this recommendation in principle.

We accept part (a) of the recommendation in full. We adopted the mandatory Australian Building Codes Board (ABCB) Livable Housing Design Standard for all new dwellings from 1 May 2024.

For parts (b) and (c) of this recommendation, we will improve the availability and accessibility of housing stock so that people with disability can access a home that meets their needs. This includes through social housing and crisis accommodation.

We need to do further analysis to work out the best way to achieve this objective.

We will undertake a cost–benefit analysis of increasing the minimum accessibility requirements for all (or a percentage of) new social housing to the ABCB Voluntary Standard for Livable Housing Design.

This will include examining the demand for accessibility features in social housing dwellings that meet the criteria of the Livable Housing Design Standards. We will also look at the demand for highly accessible dwellings for people with significant mobility-related disability.

We will consider the need for an audit of demand for, and accessibility of, crisis accommodation. This will help us set appropriate accessibility standards for crisis accommodation.

Recommendation 7.36 Improve social housing operational policy and processes

State and territory governments should develop and implement accessible and inclusive processes for allocating and modifying social housing for people with disability, including by:

1. reviewing and amending application processes to:
   • identify whether applicants have a disability or accessibility needs, including those relating to communication, housing and access to community/support networks and services
   • put processes in place to update this information as needs change
2. reviewing, amending and publishing (in accessible formats) housing allocation and ‘reasonable offer’ policies and procedures to ensure these can be easily understood and do not disadvantage people with disability seeking particular adjustments or modifications, or people who decline housing for accessibility reasons
3. reviewing, amending and publishing (in accessible formats) housing modification policies. The policies should clearly articulate who is responsible for organising and funding housing modifications, expected timeframes, and contacts for following up and raising concerns.

Victorian Government response to recommendation 7.36

We accept this recommendation in full.

We are improving our operational policies and processes to make them more inclusive and accessible for people with disability.

We are also improving the experience of applying for and living in social housing for people with disability. We are doing this as part of our broader social housing reform initiatives.

Recommendation 7.37 Increase tenancy and occupancy protections for people with disability

States and territories should review legislation governing the tenancy and occupancy rights of people with disability and adopt the best regulatory and legislative models currently in force, including:

1. in the case of tenancies:
   • enacting legislation to replace landlords’ ‘no-grounds’ termination rights with ‘reasonable grounds’ as currently specified in Victoria, Queensland and Tasmania
   • for both social housing and private housing tenancies, where a tribunal has discretion whether or not to order termination of the tenancy or that the tenant give up possession, empowering the tribunal to take the tenant’s or a co-occupier’s disability and the nature of that disability into account.
2. in the case of non-tenancy accommodation:
   • adopting the provisions included in the Residential Tenancies Act 1997 (Vic) Part 12A to protect residents of Specialist Disability Accommodation (SDA) under the National Disability Insurance Scheme
   • introducing ‘occupancy principles’ similar to those under the Boarding Houses Act 2012 (NSW), to cover all non-SDA housing, such as assisted boarding houses in New South Wales and supported residential services in Victoria
   • extending these occupancy principles to cover ‘general boarding houses’ in New South Wales and unsupported boarding and rooming houses in other jurisdictions where many people with disability live. This reform should include conferring jurisdiction on the appropriate tribunal to resolve disputes, particularly in relation to eviction
   • in hearing disputes about eviction, tribunals be required when determining whether to make an eviction order to consider the occupant’s disability, the nature of that disability, the possibility of retaliatory eviction, and the likelihood of finding suitable alternative accommodation.

Victorian Government response to recommendation 7.37

We accept this recommendation in principle.

We changed our residential tenancy legislation in 2021. These reforms increased rights for renters.

We will review the rental reform package in 2025. When we do this, we will consider other things we need to do to make sure regulation and legislation aligns with the best models.

Recommendation 7.38 Minimum service standards and monitoring and oversight of supported residential services and their equivalents

This recommendation applies to state and territory government entities responsible for regulating privately operated and government-funded board and lodging-type supported accommodation services – including supported residential services (SRS) (in Victoria), assisted boarding houses (in New South Wales), Level 3 residential centres (Queensland), and supported residential facilities (SRF) (in South Australia). The entities should develop and implement minimum service and accommodation standards, strengthen oversight mechanisms, and increase service-level monitoring activities and compliance action, as follows:

1. Minimum standards should require all SRS providers and their equivalents in other jurisdictions to:
   • develop support plans for each resident, covering personal care, financial management, medication management, and the use of restrictive practices
   • keep up-to-date records of how services are delivered in line with support plans, to allow regulatory bodies to more effectively monitor the quality of supports and services by regulatory bodies
   • establish clear complaint management processes, including how complaints are reported to the central registration body, and a feedback loop for residents, their family and advocates
   • guarantee access to independent advocacy services through advocacy organisations and community visitor schemes
   • support residents to access independent advocacy services focused on identifying alternative, longer term accommodation options in recognition of the transitionary nature of these services.
2. Monitoring and oversight mechanisms for SRS and their equivalents in other jurisdictions should:
   • require central registration for all SRS and equivalent services with the relevant state or territory department responsible for SRS standards
   • require all SRS and their equivalents to undergo an initial audit when seeking registration, as well as ongoing audits (minimum yearly) for monitoring and compliance with all minimum standards. Audits should include direct engagement with people with disability residing in SRS and their equivalents, and should be undertaken centrally by the responsible state or territory department
   • establish procedures to monitor services in response to complaints and incidents, including when and how the relevant state or territory department will undertake investigations
   • establish compliance activities in response to audit results and investigations following complaints and incidents, including when registration will be impacted
   • include the specific rights of community visitor programs to attend and report on standards within SRS and their equivalents
   • be developed in consultation with other regulatory systems to identify and close regulatory gaps between schemes and settings including SRS, the National Disability Insurance Scheme, and in aged care and mental health services.
3. Regulatory entities should have adequate powers to enforce all standards. Up to-date records of infringements, enforcement action and remedies should be maintained centrally. The regulatory entities should notify substantiated infringements by providers to other oversight bodies with responsibilities for those providers, including the NDIS Quality and Safeguards Commission.
4. States and territories should consider whether these recommendations should be implemented in relation to other forms of marginal accommodation for people with disability, including general boarding houses and caravan parks.

Victorian Government response to recommendation 7.38

We accept this recommendation in principle.

In July 2024, Victoria introduced the social services regulatory scheme. This means there will be mandatory registration for all social services funded or provided by the Department of Families, Fairness and Housing, the Transport Accident Commission and WorkSafe in Victoria. It also means minimum service standards will apply to social services. This includes supported residential services.

The standards cover safe service delivery, safe service environment, safe workforce, service user agency and dignity, feedback and complaints, and accountable organisational governance.

We will be able to better monitor supported residential services. We will also have better regulatory powers and enforcement tools that encourage early intervention.

The tools will also allow the new and independent Social Services Regulator to respond in a way that is measured and proportionate. The regulator will use a risk-based approach. It will focus on areas where the likelihood and consequences of harm are greatest.

The scheme includes obligations to establish and adhere to resident support plans. It has processes to support service user feedback and complaints. It will also inform service users of their rights to raise service safety concerns and the right to see a community visitor, and to make a complaint to other bodies, including the disability services commissioner.

The scheme will include rules and offences specific to supported residential services. We are currently developing these.
Note that rooming houses and caravan parks are not within scope of the scheme.

Recommendation 7.39 Preventing homelessness when people with disability transition from service or institutional settings

The Australian Government (including the National Disability Insurance Agency (NDIA)) and state and territory governments should commit to a policy of ‘no leaving into homelessness’ for people with disability.

The Australian Government (including the NDIA) and state and territory governments should establish or nominate a lead agency with responsibility for planning and coordinating the transition of people with disability from service or institutional settings (including health services, mental health services, correctional facilities, and out-of-home care) directly into safe and appropriate housing.

The lead agency should be the NDIA when the person is a National Disability Insurance Scheme (NDIS) participant (consistent with the role of the NDIS under Applied Principles and Tables of Support). If the person is not an NDIS participant, the lead agency should be the agency responsible for the service or institutional setting at the time the person leaves.

The role of the lead agency should include:

• developing and implementing individual plans for people with disability leaving service or institutional settings to identify housing, services and supports for a successful transition into secure housing
• ensuring supports can be put in place before a person with disability leaves the service or institutional setting
• coordinating the implementation of the plan until the person with disability has successfully transitioned to safe and appropriate housing.

Victorian Government response to recommendation 7.39

We accept this recommendation in principle.

We will consider establishing a lead agency that plans and coordinates the transition of people with disability from service settings in Victoria.

Joint response to recommendation 7.39

Accept in principle

The Australian Government and state and territory governments are committed to working collaboratively to support people with disability leaving institutional settings into safe and appropriate housing. Part of this work will be determining if nominating a lead agency or agencies is the appropriate mechanism for implementing this recommendation.

All governments recognise that continued, focused and coordinated work is required across systems to ensure people with disability do not ‘leave into homelessness’ from health services, mental health services, correctional facilities and out-of-home care.

Disability Ministers will work together in 2024 to identify responsibilities for planning and coordinating the transition of people with disability from service or institutional settings directly into safe and appropriate housing.

All governments will also continue working together to leverage and implement objectives and priorities under the new National Housing and Homelessness Plan 2024–2034 to support better housing outcomes and reduce rates of homelessness for people with disability.

Recommendation 7.40 Address homelessness for people with disability in the National Housing and Homelessness Plan

In developing the National Housing and Homelessness Plan, the Australian Government, working with state and territory governments, should:

1. identify people with disability, particularly people with intellectual disability or cognitive impairment, as a discrete cohort or cohorts for intensive homelessness support, recognising their needs, circumstances and diversity
2. review the adequacy of funding for homelessness, with particular regard to the cost of providing more intensive homelessness support for people with disability and complex needs, and current levels of unmet demand
3. expand pathways and support for people with disability out of homelessness, including through Housing First programs
4. consider establishing free, independent legal advice and advocacy services for people with disability experiencing homelessness to help them navigate the different homelessness supports to which they are entitled at state or territory and Australian Government levels.

Victorian Government response to recommendation 7.40

We will consider this recommendation further.

We support the intent of this recommendation. We will look for ways to address the unique needs of people with disability who are experiencing or at risk of homelessness.

We will do this within the context of the intersectional approach that the National Housing and Homelessness Plan is expected to take.

Joint response to recommendation 7.40

Subject to further consideration

The Australian Government and state and territory governments are committed to national action to help more Australians access safe and affordable housing, including people with disability.

Safe and affordable housing is central to the security and dignity of people with disability. All governments have committed to an ambitious housing reform agenda to boost the supply of all housing, and increase housing and homelessness supports for vulnerable communities, including people with disability.

This includes the proposed National Housing and Homelessness Plan, which is expected to provide a shared national vision for tackling Australia’s housing challenges and support those experiencing housing stress and homelessness.

The national plan is currently under development and is subject to negotiation between the Australian Government and state and territory governments. It is expected the plan will be released later in 2024 and it is anticipated that the plan:

• will focus on supporting all individuals regardless of their characteristics or background
• will not prioritise different cohorts, in recognition of the large degree of intersectionality and diversity among individuals and households, but will acknowledge that some groups, including people with disability, face additional barriers and need additional or targeted responses
• is built on all governments’ commitment to prioritising the needs of those people who need housing and homelessness assistance the most, in recognition of the flexibility required to support people in a way which recognises the uniqueness of an individual’s circumstances, needs and experiences.

Recommendation 7.41 Group home reform

The NDIS Quality and Safeguards Commission should prioritise the implementation of the Own Motion Inquiry into Aspects of Supported Accommodation – Action Plan (the Action Plan) and expand actions to include:

1. a specific review of mechanisms to transition away from allowing the same provider to provide Supported Independent Living and Specialist Disability Accommodation services, with interim arrangements to strengthen oversight to address and monitor conflicts of interest (under Action 8)
2. strengthening how disability providers implement models of practice, such as Active Supports, to ensure that people with disability living in group homes are actively supported to have opportunities for greater social interaction and community participation and inclusion (under Action 2)
3. developing an implementation plan for the Action Plan, with:
   • explicit timeframes for delivery
   • annual reporting on progress and outcomes to the Disability Reform Ministerial Council.

Victorian Government response to recommendation 7.41

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 7.42 Improve access to alternative housing options

The National Disability Insurance Agency (NDIA) should work with the Australian Government, and state and territory governments, to expand alternative housing options and support for people with disability to access and transition to these options through a proactive market enablement strategy. This should include:

1. an increase in innovative housing options, such as by:
   • expanding the NDIA Home and Living Demonstration Projects with additional rounds from 2024. These rounds should:
     • focus on exploring diverse market mechanisms for sustainable housing models
     • include ongoing extensive and independent evaluation and dissemination of emerging best practice to help bring new models to scale
   • establishing a policy unit to co-design, guide and influence the development and implementation of more contemporary accommodation models
   • conducting comprehensive market research to assess market demand and understand National Disability Insurance Scheme (NDIS) participants’ housing preferences to inform state and local governments, housing authorities and developers, and drive innovation.
2. reform of NDIS participant funding models, including Supported Independent Living, Specialist Disability Accommodation and Individualised Living Options to provide greater flexibility. In particular, this flexibility should ensure that administrative and pricing mechanisms do not favour group home living over other models of inclusive housing.
3. development of clear and supportive transition pathways that provide access to advice, advocacy and support for people with disability to understand and explore their housing options, make decisions about transitioning to the housing of their choice, and receive support for that transition. This should include:
   • an individualised assessment of a person’s housing needs and preferences, with the option for this to be regularly updated
   • an update of a person’s NDIS plan to include specific support, including capacity building to support the decision to transition to more independent living
   • where a person is interested in changing housing, the development of an individual transition plan that identifies current available and emerging alternative housing options, beyond the offerings of their current provider
   • access to independent advocacy and an independent support coordinator to provide support for and facilitate the transition.
4. prioritisation of the implementation of the NDIA Home and Living Framework, including:
   • establishing explicit timeframes for its implementation that recognise the urgency of these reforms, in relation to realising the rights of people with disability under the Convention on the Rights of Persons with Disabilities
   • continuing work with the disability community to identify key outcomes and measures, and developing a comprehensive monitoring and evaluation plan to measure and report on progress
   • ensuring the chosen approaches address the key elements set out above in this recommendation, including:
     • providing a dedicated pathway for participants with a current or anticipated high need for home and living supports
     • ensuring participants taking this pathway have appropriate and timely support to explore and design individualised home and living solutions that work for them.

Victorian Government response to recommendation 7.42

We accept this recommendation in principle.

In line with our response to recommendation 7.33, we are committed to improving access to alternative housing options through Inclusive Victoria: state disability plan 2023–2026.

Joint response to recommendation 7.42

Accept in principle

The Australian Government and state and territory governments support the development of a diverse range of inclusive housing options for people with disability.

All governments are committed to continuing to work together to further consider options to expand the availability of more inclusive and alternative models of housing for people with disability.

Approaches to specific reform and implementation to address the intent of this recommendation will be considered alongside relevant NDIS Review recommendations and actions.

Recommendation 7.43 A roadmap to phase out group homes within 15 years

Commissioners Bennett, Galbally, Mason and McEwin recommend the Australian Government and state and territory governments develop and implement a comprehensive roadmap to phase out group homes within the next 15 years. This roadmap should address delivering inclusive housing supply to meet demand, transition support for people with disability, and implementation planning for phasing out group homes. It should include:

1. delivery of inclusive housing supply to meet demand, by:
   • undertaking a comprehensive assessment of existing service demand (including people with disability who are currently living in group homes and current unmet needs) and projected service demand (forecasted demand for supported accommodation over the next 30 years)
   • assessing projected supply of alternative housing to inform planning for the transition of people out of group homes, including conducting a stocktake of existing disability housing assets that may be repurposed or used to increase the supply of inclusive housing
   • piloting alternative housing models with increased investment to roll out successful models in line with supply and demand modelling to meet future housing needs for people with disability (see also Recommendation 7.42).
2. a review of the current Specialist Disability Accommodation (SDA) Pricing and Payments Framework to ensure it remains fit for purpose, focusing on ensuring that:
   • a data-driven approach is used to direct investment where it has the greatest benefit for participants and the National Disability Insurance Scheme (NDIS)
   • NDIS funding for specialist accommodation is directed to those participants with significant functional impairment or high support needs for whom specialised housing would deliver a measurable benefit
   • the needs of people with disability for affordable and accessible housing are prioritised by state and territory governments
   • prices are set to encourage development of best practice examples of SDA.
3. transition support for people currently living in group homes, including through:
   • a transition pathway that provides access to advice, advocacy and support for people with disability to understand and explore their housing options, make decisions about transitioning to the housing of their choice, and receive support for that transition (see also Recommendation 7.42)
   • interim improvements in group home oversight and practices to ensure that people with disability living in group homes are safe and have greater choice and control during this transition period (see also Recommendation 7.41)
   • grandfathering arrangements for those people who wish to stay in their group home, including consideration of additional financial support to maintain financially viable group home arrangements where necessary
4. implementation planning undertaken through co-design with people with disability and the disability community, including:
   • a specific timeframe for ceasing construction of any new group homes (within the next two years)
   • a specific timeframe for ceasing placement of new residents in group homes (within five years)
   • a specific timeframe for completing transition of those residents who wish to move from group homes to alternative housing options (within 15 years)
   • development of an outcomes-based evaluation framework, tool and processes to track short-, medium- and long-term outcomes across the roadmap, and build an understanding of emerging best practice.

Victorian Government response to recommendation 7.43

We will consider this recommendation further.

We support the intent of this recommendation. We support the staged phasing-out of group homes (4+ bedrooms), in partnership with current residents and the disability sector.

We are already working to provide high-quality, secure and affordable housing for people with disability through Inclusive Victoria: state disability plan 2022–2026.

The plan commits to an ambitious renewal program to improve the range and quality of government-owned Specialist Disability Accommodation in Victoria. As a Specialist Disability

Accommodation provider, the Victorian Government is no longer building Specialist Disability Accommodation homes with more than 4 bedrooms. We have successfully worked with residents who want to move from a larger home to more contemporary-sized options.

We will need to work with the Commonwealth and the National Disability Insurance Agency to implement this recommendation and consider transition arrangements.

Joint response to recommendation 7.43

Subject to further consideration

The Australian Government and state and territory governments support the development of a diverse range of inclusive housing options for people with disability that support them to exercise choice and control over their living arrangements.

In January 2023, the NDIS Quality and Safeguards Commission completed an own motion inquiry into aspects of supported accommodation in the NDIS. An Action Plan was developed in response to the inquiry, focusing on elevating the quality and safety of Supported Independent Living (SIL) services; amplifying the voices of people with disability living in supported accommodation; and improving the NDIS to maximise the choice, control and experience of participants living in supported accommodation – including the interaction between SIL and Specialist Disability Accommodation (SDA).

SDA is one of the supports that might be funded under the NDIS for some participants. SDA is a range of housing designed specifically for people with extreme functional impairment or very high needs.

The NDIA and states and territories have implemented a number of initiatives to support the phasing out of group homes enrolled as SDA (noting that not all people with disability residing in group homes receive SDA supports). For example, the NDIA no longer provides SDA payments for enrolled SDA properties with 11 or more residents and is progressively ceasing SDA payments for dwellings accommodating 6–10 residents. New Build SDA must only accommodate 5 or fewer residents to be enrolled with the NDIA.

All governments will consider this recommendation further alongside recommendations of the NDIS Review, including recommendations 8 and 9 of the NDIS Review and their associated actions.

Recommendation 7.44 A roadmap to phase out group homes over a generational timeframe

Commissioner Ryan recommends the Australian Government and state and territory governments commit to phasing out group homes in stages. This commitment should include:

1. immediate commitments to reduce the reliance on group homes, including:
   • not approving new four- to six-bedroom group home models for Specialist Disability Accommodation
   • only allowing new National Disability Insurance Scheme participants to enter group home accommodation as a last resort
   • prioritising moving existing residents of group homes to move into smaller groups over time on request, subject to need
2. development of a staged approach to phasing out group homes, including consideration of housing availability, transition logistics and financial impacts.

Annual progress and outcomes should be reported to the Disability Reform Ministerial Council.

Victorian Government response to recommendation 7.44

We will consider this recommendation further.

We support the intent of this recommendation. We support the staged phasing-out of group homes (4+ bedrooms). We will work in partnership with current residents and the disability sector.

We have already committed to providing high-quality, secure and affordable housing options for people with disability through Inclusive Victoria: state disability plan 2022–2026. This commits us to an ambitious renewal program to improve the range and quality of government-owned Specialist Disability Accommodation in Victoria.

As a Specialist Disability Accommodation provider, the Victorian Government is no longer building Specialist Disability Accommodation homes that have more than 4 bedrooms. We have successfully worked with residents who want to move from larger homes into more contemporary-sized options.

We will need to work with the Commonwealth and the National Disability Insurance Agency to implement this recommendation and consider transition arrangements.

Joint response to recommendation 7.44

Subject to further consideration

The Australian Government and state and territory governments support the development of a diverse range of inclusive housing options for people with disability that support them to exercise choice and control over their living arrangements.

In January 2023, the NDIS Quality and Safeguards Commission completed an own motion inquiry into aspects of supported accommodation in the NDIS. An Action Plan was developed in response to the inquiry, focusing on elevating the quality and safety of Supported Independent Living (SIL) services; amplifying the voices of people with disability living in supported accommodation; and improving the NDIS to maximise the choice, control and experience of participants living in supported accommodation – including the interaction between SIL and Specialist Disability Accommodation (SDA).

SDA is one of the supports that might be funded under the NDIS for some participants. SDA is a range of housing designed specifically for people with extreme functional impairment or very high needs.

The NDIA and states and territories have implemented a number of initiatives to support the phasing out of group homes enrolled as SDA (noting that not all people with disability residing in group homes receive SDA supports). For example, the NDIA no longer provides SDA payments for enrolled SDA properties with 11 or more residents and is progressively ceasing SDA payments for dwellings accommodating 6–10 residents. New Build SDA must only accommodate 5 or fewer residents to be enrolled with the NDIA.

All governments will consider this recommendation further alongside recommendations of the NDIS Review, including recommendations 8 and 9 of the NDIS Review and their associated actions.

Recommendation 8.1 Conditions in custody for people with disability

State and territory governments should uphold the rights of people with disability who are in custody. Consistent with article 14 of the Convention on the Rights of Persons with Disabilities, all corrective service and youth justice agencies should provide people with disability with the disability supports they require to place them in the same position, so far as feasible, as other people in custody.

Victorian Government response to recommendation 8.1

We accept this recommendation in full.

However, further investment is needed to ensure services can meet demand.

We need to make sure information and environments in custodial settings are accessible for people with a disability.

We know that young people with disability are overrepresented in Youth Justice. We have committed to introducing a standalone legislative framework for Youth Justice in Victoria, called the Youth Justice Bill.

The Bill will include ensuring that young people's rights are upheld, that young people receive ongoing access to health practitioners and supports, and that they are treated in a way that responds to their needs, including disability needs.

The updated Youth Justice Primary Health Quality Framework 2023 also strengthens requirements for youth custodial primary health providers to respond to the specific needs of children and young people with a disability who are in custody. This includes young people with cognitive impairment, mental illness, acquired brain injury, sensory, physical and neurodiverse disabilities.

We have updated the Custodial Forensic Youth Mental Health Service practice guide. The service now has greater capacity to provide neurodevelopmental assessments and interventions.

This will support assessment of children and young people while in youth justice custody. It will also support them to transition back to the community, providing advice and consultation to community services involved with the child or young person.

Specialist disability supports and services are also available to adults in Victorian prisons. However, further investment is needed to ensure services meet demand. This was identified in the Victorian Auditor-General’s Office 2023 report into correctional services for people with intellectual disability or acquired brain injury.

The Prison Disability Support Initiative delivers services that respond to a person’s non-physical disability needs. This includes support to access disability-specific and transitional services, specialist clinical assessment, case-specific or general consultation, therapeutic intervention, and cognitive impairment training for the correctional workforce.

The Prison Disability Support Initiative also supports people to achieve goals such as employment, access to the NDIS and supported disability accommodation.

Corrections Victoria offers 2 specific adapted-intervention offence-specific programs for sexual offenders or violent offenders with a cognitive impairment. Interventions provide relevant services for people with significant responsivity issues that would present as a barrier to group-based treatment.

The Healthcare Services Quality Framework for Victorian Prisons 2023 (Quality Framework) strengthens requirements for adult prison healthcare providers to improve their understanding of the specific health needs of priority groups, including people with disabilities.

Prison health providers also work with multidisciplinary teams and custodial staff to meet the specific needs of people in prison with disability. Prison health service providers must also assess for, supply, fit and maintain necessary medical aids.

Forensic mental health services support NDIS applications within custodial bed-based settings. The bed-based units have a multidisciplinary team: psychiatrists, occupational therapists, social workers and psychologists.

Recommendation 8.2 Disability awareness in OPCAT monitoring

In implementing the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Australian Government, in consultation with the state and territory governments, should support the development of a human rights education and training strategy that includes disability awareness training for National Preventive Mechanisms (NPMs), detention authorities and their staff. NPMs should:

• engage with disability organisations about the needs of people with disability in places of detention
• obtain training and education for their staff on the types of disability and needs of people with disability in places of detention, including the impact of intersectional disadvantage
• obtain the views of people with disability in places of detention by directly engaging with them about their experiences in places of detention
• have effective mechanisms for obtaining the views of people with disability in places of detention.

Victorian Government response to recommendation 8.2

We will consider this recommendation further.

We are seeking a commitment from the Commonwealth to provide sufficient and ongoing funding to establish a National Preventive Mechanism in Victoria.

Putting this recommendation into action in Victoria depends on negotiations with the Commonwealth about funding.

We support the principles of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

We want to protect all people deprived of liberty, including people with disability, from torture and other cruel inhuman, or degrading treatment or punishment.

If we can resolve the matter of funding with the Commonwealth, National Preventive Mechanisms established in Victoria will be designed to meet the needs of people with disability in places of detention. This includes by providing appropriate training.

Joint response to recommendation 8.2

Commonwealth, ACT, NT, Tas: Accept in principle

NSW, Qld, SA, Vic, WA: Subject to further consideration

The following response is provided by the Commonwealth, ACT, NT, SA, Tas and WA:

The Australian Government and state and territory governments are committed to continuing to consider and progress reform to better protect the human rights of people with disability in places of detention.

All governments continue to cooperatively and progressively work towards implementation of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), including resolving ongoing funding arrangements.

The following response is provided by NSW, Qld and Vic:

All governments continue to cooperatively and progressively work towards implementation of OPCAT, subject to the resolution of sufficient and ongoing funding from the Commonwealth and the resolution of implementation issues, including the Commonwealth leading work in consultation with states and territories to reach agreement on the definition and scope of places of detention.

Recommendation 8.3 Prohibiting solitary confinement in youth detention

States and territories should:

1. introduce legislation to prohibit solitary confinement in youth justice settings (being the enforced isolation or segregation for any purpose of a child or young person for 22 or more hours in any day)
2. introduce legislation to prohibit the use of isolation (however described) in youth detention centres as punishment in any circumstance
3. review legislation, policy and procedures to ensure children with disability are not subjected to isolation practices amounting to solitary confinement
4. ensure legislation authorising isolation (including lockdowns) in youth detention centres provides for its use:
   • as a temporary response to behaviour that poses a serious and immediate risk of harm to an individual
   • as a last resort after all other measures to address risk have been exhausted
   • for a period that must not exceed a specified number of hours in any day
5. ensure legislation authorising isolation (including lockdowns) in youth detention centres provides at a minimum the following protections for children with disability:
   • a requirement to take into account the child’s disability needs before any isolation period is authorised
   • meaningful human contact during the period of isolation
   • access to the community equivalent standard of health care, including mental health services during the period of isolation
   • regular review of the order and circumstances authorising isolation
   • the creation and keeping of detailed records relevant to the period of isolation and the provision of a copy of such records to the relevant body with independent oversight of places of detention (such as the Inspector of Custodial Services).

Victorian Government response to recommendation 8.3

We accept this recommendation in full.

We have existing legislation policies and procedures in place that ensure solitary confinement is never used in Youth Justice custody.

Youth Justice only uses isolation in custody as a last resort, where all other reasonable steps have been taken. It is only used to ensure the safety and security of young people and the precinct.

Isolation is never used as a punishment. The Youth Justice Custodial Operating Manual sets out extensive accountability and reporting mechanisms for its use. All young people, including those with a disability, have access to health care while in isolation.

We will also introduce a standalone legislative framework for Youth Justice in Victoria, called the Youth Justice Bill.

It will include a robust and protective custodial framework to uphold young people’s rights.

It will also ensure young people receive ongoing access to health practitioners and supports in a way that responds to their needs, including disability needs.

Recommendation 8.4 Screening and assessment for disability in youth detention

State and territory governments should ensure timely screening and expert assessment are available for individual children with cognitive disability involved in the criminal justice system (including, but not limited to, detention settings) and that they receive appropriate responses, including therapeutic and other interventions.

Victorian Government response to recommendation 8.4

We accept this recommendation in full.

We screen young people for cognitive disability in our Youth Justice services. This must be done within 14 days of the commencement of a custodial or community order or a youth control order meeting is held (unless the young person has a known diagnosed cognitive disability).

The screening allows us to engage appropriate services to confirm cognitive disability.

We also ensure young people receive expert assessment. This must occur within 14 days from referral to the Youth Offending Program, based on eligibility including assessed level of reoffending risk, order type and length.

If these assessments identify special needs, including in relation to disability, the primary health service will engage with the appropriate team or service provider for follow-up.

Health staff working within the primary health or specialist mental health services must be suitably qualified, with levels of established experience and registration with the Australian Health Practitioner Regulation Authority.

The Youth Justice Primary Health Quality Framework 2023 also requires that primary health providers respond to the needs of children and young people with a disability who are in custody. This includes those with cognitive impairment, mental illness, acquired brain injury, sensory, physical and neurodiverse disabilities.

Health providers must also plan and deliver integrated care for children and young people with a disability in consultation with the child/young person and other stakeholders. They must establish and maintain links with Youth Justice Disability Services and custodial staff. This ensures continuity of services and referral to the NDIS if appropriate.

The Custodial Forensic Youth Mental Health Service’s neurodevelopmental team also works closely with Youth Justice Specialist Disability Advisors. Advisors maintain collaborative relationships with stakeholders such as community disability services, the Department of Families, Fairness and Housing and the National Disability Insurance Agency. They promote appropriate and continuing care for youth justice clients in both community and custodial settings.

The advisory team also manages a package of brokerage available to support expert assessment, including neuropsychological assessment.

Recommendation 8.5 Disability training for staff in youth detention

State and territory governments should ensure staff and officials in youth detention centres at all levels receive appropriate initial and ongoing training and support in relation to the needs and experiences of children with disability. This includes training and support on trauma-informed care and culturally appropriate and gender responsive approaches to children with disability in detention.

Victorian Government response to recommendation 8.5

We accept this recommendation in full.

Disability awareness training is mandatory for all staff as part of Youth Justice Foundations Training. This 3-hour training session includes information about:

• disability and associated needs and impacts
• identification and screening processes
• the effects of trauma on young people with disability
• strategies for working with and supporting children and young people with disability who may and may not have experienced trauma.

The Specialist Disability Advisor Team works with the Behaviour Support Specialist Team to make sure staff in custodial units use disability-focused practice.

We review training content each year to make sure it aligns with Certificate IV in Youth Justice.

We know that First Nations young people with disability are overrepresented in Youth Justice. We will include a disability lens for the current training package Supporting Aboriginal Young People and Children in Youth Justice.

We will also include a disability lens in training that covers best practice approaches to working with LGBTIQA+ young people for Youth Justice staff.

Recommendation 8.6 Western Australia youth detention staff retention

The Department of Justice of Western Australia should immediately review its youth justice staffing and recruitment model to ensure sufficient, suitably trained staff are available to supervise children and young people to minimise lockdowns and prevent the solitary confinement of detainees. This should include developing and implementing a recruitment and retention strategy that:

• addresses high staff attrition rates in youth detention
• promotes representation at senior management level of staff with disability and First Nations backgrounds
• includes measures to help staff access mental health support.

Victorian Government response to recommendation 8.6

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 8.7 Western Australia youth detention operating philosophy

The Department of Justice of Western Australia (through the Corrective Services Division) should:

• immediately cease confinement practices at youth detention centres amounting to solitary confinement of children with disability
• ensure decisions leading to the isolation of children with disability are made in conformity with legal requirements
• implement a new operating philosophy and service model to manage detainees with disability in a therapeutic, non-punitive, non-adversarial, trauma-informed and culturally competent way
• ensure the operating philosophy and implementation plan are developed in conjunction with people with disability and First Nations people
• release a clear timeline for publication of its new operating philosophy and service model for youth detention in Western Australia and the associated implementation plan
• raise awareness at every level of staff in the youth detention centres concerning the support needs of people with cognitive disability and foster respect for the rights of people with disability
• ensure lawyers representing detained clients are allowed adequate time and assured of confidentiality at youth detention centres to take instructions, especially where their clients have cognitive disability.

Victorian Government response to recommendation 8.7

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 8.8 Inspector of Custodial Services Act 2003 (WA)

The Western Australian Government should introduce and support legislation amending the Inspector of Custodial Services Act 2003 (WA) to provide the Inspector with a discretion to demand a response from the department or other relevant agency, within a specified time, to recommendations of the Inspector included in a report to Parliament. This should include the steps (if any) taken by the agency in response to the recommendations and an explanation of why steps have not been taken (if that be the case).

Victorian Government response to recommendation 8.8

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 8.9 Use of seclusion in New South Wales Justice Health and Forensic Mental Health Network

The New South Wales Government should review existing policy regarding the use of seclusion for adults with cognitive disability in the Justice Health and Forensic Mental Health Network, including the use of clearly designated authorisation and mandatory clinical and administrative review.

Victorian Government response to recommendation 8.9

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 8.10 Transition from custodial supervision in the Northern Territory

The Northern Territory Government should provide supported step-down accommodation in community-based settings for people with disability subject to custodial supervision orders.

Victorian Government response to recommendation 8.10

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 8.11 Information for courts and legal practitioners

The Commonwealth, state and territory criminal justice systems should provide information about seeking or making adjustments and supports and services for people with disability, and the circumstances in which they may be required. This information should be made available to judicial officers, legal practitioners and court staff, including through practice notes or bench books.

Victorian Government response to recommendation 8.11

We accept this recommendation in principle.

We will work with the Judicial College of Victoria to consider whether we can meet this recommendation by updating existing practice notes and bench books.

Joint response to recommendation 8.11

Commonwealth, ACT, NSW, NT, Qld, SA, Tas, Vic: Accept in principle

WA: Accept

The Australian Government and state and territory governments are committed to ensuring that people with disability have equal access to justice, and will consider whether changes are required when updating guidance or other relevant information.

Recommendation 8.12 Implementation of the National Principles

The Australian Government, together with state and territory governments, should review the National Statement of Principles Relating to Persons Unfit to Plead or Not Guilty by Reason of Cognitive or Mental Health Impairment (National Principles) through the Standing Council of Attorneys-General.

The National Principles should be revised to include the following:

• Indefinite detention is unacceptable and laws providing for it should be repealed.
• Where an order for detention is made, there should be a maximum term of detention nominated beyond which the person cannot be detained (a ‘limiting term’).
• The limiting term should not exceed the court’s assessment of the sentence it would have imposed on the defendant had the person been found guilty of the offence in an ordinary trial of criminal proceedings.
• In hearings conducted to determine a person’s fitness to stand trial or to plead, the court must consider whether it can modify the trial process or ensure assistance is provided to facilitate the defendant’s understanding and effective participation in the proceedings. This includes any cultural or other trauma-informed supports a First Nations defendant may need to ensure the defendant can participate in a fair trial and understand the proceedings.

The Standing Council of Attorneys-General should agree to a timetable for implementation of reforms identified in the review of the National Principles.

The Commonwealth, states and territories should amend their legislation on fitness to stand trial to align with the revised National Principles.

The Australian Government, and state and territory governments, should build their capacity to provide step-down options, including medium and low secure and community-based accommodation options, for the placement of people in the forensic system to facilitate their progressive transition to less restrictive environments.

Victorian Government response to recommendation 8.12

We will consider this recommendation further.

We support a review of the National Principles. However, we need to consider this recommendation further.

We need to do more analysis before we can determine our position. This will also depend on the scope and implications of the revised National Principles.

This recommendation has significant funding implications. There is no existing funding available to put it into practice.

Joint response to recommendation 8.12

Commonwealth, ACT, NSW, NT, Qld, Tas: Accept in principle

SA, Vic: Subject to further consideration

The Australian Government and state and territory governments have committed to review the National Principles, including aspects regarding indefinite detention and the availability of step-down accommodation. All governments recognise the rights of persons with cognitive or mental health impairment, noting these rights must be balanced against the need to prevent harm to others and uphold the rights of victims.

Recommendation 8.13 Data about people detained in forensic systems

The Australian Government and state and territory governments should support legislation requiring the annual collection and publication of data relating to people found unfit to plead or not guilty by reason of cognitive or mental health impairment. The data collected should include:

• the number of people under forensic orders in their jurisdiction
• the number of people under orders for detention and the numbers subject to:
  • indefinite periods of detention
  • limiting terms (or equivalent)
  • orders extending their order for detention
• the number of people under orders for detention by sex, disability, disability type and First Nations status
• the number of such people detained in:
  • an adult correctional facility
  • a youth detention facility
  • a forensic mental health or forensic disability facility
  • a general psychiatric unit.

Victorian Government response to recommendation 8.13

We accept this recommendation in principle.

However, we need to further consider the requirements and timeframes of any legislated change.

We would need to understand what this data is for, how it will be interpreted and what implications it may have for services.

It is likely we would need to boost the capability of service staff to collect disability-specific data. This has implications for funding and data quality.

We will also need to examine other Victorian legislation that guides the detention of people with disability so that we know what data we can publish.

Joint response to recommendation 8.13

Accept in principle

The Australian Government and state and territory governments support improving data collection relating to people found unfit to plead or not guilty by reason of cognitive or mental health impairment. Implementation is subject to relevant scoping work to assess existing frameworks and system capability, and personal privacy protections. This work will bolster the ability of governments to evaluate policy settings relating to people with cognitive or mental health impairments in the criminal justice system.

Recommendation 8.14 National practice guidelines for screening in custody

State and territory corrective services, youth justice agencies and justice health agencies, through the Corrective Services Administration Council and equivalent youth justice bodies, should develop national practice guidelines and policies relating to screening for disability and identification of support needs in custody. People with disability, including with lived experience of the criminal justice system, and people with expertise in cognitive disability should be involved in the design of the guidelines and contribute to the approaches to implementation. The guidelines and policies should:

• explain the essential elements of screening and assessment for people with disability, including a trauma-informed approach to identifying disability and the person’s needs
• reduce reliance upon self-disclosure as the primary means of disability identification following admission of a person with disability to custody
• require screening upon reception into custody or shortly thereafter both for prisoners and detainees who have been sentenced and for those on remand
• promote the consistent collection of data and its use to inform system-wide responses
• encourage the development and use of culturally safe disability screening tools that address the particular needs of First Nations people with disability
• encourage the development and use of disability screening tools that are culturally appropriate for people with disability from culturally and linguistically diverse communities
• encourage investment in initial and ongoing training, education and support of staff about disability identification and awareness
• encourage collaborative practices including the engagement of clinicians to conduct assessments to identify the support needs of a person with disability in custody
• require the identification of a disability or impairment to be matched with appropriate support while in custody
• promote the use of screening outcomes to develop plans for prisoners and detainees transitioning to the community
• contribute to appropriate information sharing among agencies including court-based assessments and reports.

Victorian Government response to recommendation 8.14

We accept this recommendation in principle.

We propose that the Corrective Services Administrators' Council should provide advice regarding this recommendation to the Corrective Services Ministers' Council, which meets annually.

Any national practice guidelines for screening in custody should consider that there is no overarching diagnostic screening tool for cognitive impairment.

To confirm a diagnosis, a comprehensive clinical assessment needs to be conducted. This needs to be done by a psychologist, neuropsychologist or medical professional. It is a costly process.

Currently, all adults entering custodial facilities in Victoria are screened for health and mental health concerns. Within 4 weeks, they must be asked if they have an NDIS plan to support release planning.

Under the Healthcare Services Quality Framework for Victorian Prisons 2023, health services in adult prisons must improve their workforce’s capability to meet the needs of priority groups in prison. This includes people with disabilities.

For adults, disability assessments can be arranged through Forensic Disability Services, the Multiple and Complex Needs Initiative and the Prison Disability Support Initiative. Forensicare provides an initial screening of all adults entering custody. This assesses some psychosocial and speech impairments, but it is not a disability screening.

For young people in custody, our response to recommendation 8.4 sets out the current arrangements for disability screening in youth justice settings.

We are implementing the Multi-Agency Risk Assessment and Management (MARAM) Framework which includes a tool and guidance for workers to screen for cognitive disability. This includes acquired brain injury indicators.

The MARAM Framework helps workers across the service system identify people who may be using family violence.

The responses to the screening questions are not definitive assessments. However, they may support the worker to adjust their communication approach and refer the person to another service.

Recommendation 8.15 Policies and practices on screening, identifying and diagnosing disability in custody

State and territory governments should ensure that policies and practices concerning screening, identification and diagnosis of disability in respect of people with disability in custody are consistent with the national practice guidelines.

Victorian Government response to recommendation 8.15

We accept this recommendation in principle.

We will need to review existing legislation, policy and practice principles to make sure they align with the National Practice Guidelines.

Corrections Victoria is developing a risk factor checklist for cognitive impairment. This will flag a suspected cognitive impairment. It will prompt referral for further diagnosis. It will also allow us to adapt services for people in custody with a suspected or confirmed cognitive impairment.

Corrections Victoria also delivers training for the corrections custodial workforce about:

• signs of cognitive impairment
• the definition of cognitive impairment
• guidance to support staff in working with this cohort.

To align our work with any national practice guidelines, we will likely need sustained and increased funding for prison-based disability supports and capability uplift for custodial staff.

Health service providers in adult public prisons must comply with the National Safety and Quality Health Service Standards and National Standards for Disability Services through the Healthcare Services Quality Framework for Victorian Prisons 2023.

Youth Justice conducts timely disability screening for young people in Youth Justice within specified timeframes. Youth Justice Specialist Disability Advisors maintain collaborative relationships with stakeholders to provide care for young people involved with Youth Justice. Stakeholders include community disability services, the Department of Families, Fairness and Housing and the National Disability Insurance Agency.

On admission to custody, all young people receive a general nursing assessment and mental health assessment (within 12 hours for Aboriginal children and young people, or within 24 hours for non-Aboriginal children and young people). They receive a comprehensive health assessment from a medical practitioner within 72 hours of arrival. This provides the basis of ongoing healthcare for the child or young person while they are in custody.

The Youth Justice Primary Health Quality Framework 2023 requires that the primary health providers respond to the needs of children and young people in custody with a disability. This includes cognitive impairment, mental illness, acquired brain injury, sensory, physical and neurodiverse disabilities.

Health providers are also expected to proactively plan and deliver integrated care to children and young people with a disability. This must be done in consultation with the child or young person and other stakeholders. In addition, health providers must establish and maintain links with Youth Justice Disability Services and custodial staff. This ensures continuity of services and referral to the NDIS as appropriate.

If these assessments identify any special needs, including in relation to disability, Youth Justice and the primary health service will engage with the appropriate team or service provider for follow-up.

Recommendation 8.16 Support by First Nations organisations to people in custody

State and territory corrective service and youth justice agencies and justice health agencies should engage First Nations organisations, including Aboriginal Community Controlled Health Organisations, to provide culturally safe disability screening and assessment services for First Nations prisoners and detainees.

Victorian Government response to recommendation 8.16

We accept this recommendation in principle.

We are partnering with Victorian Aboriginal Community Controlled Health Organisation to design and develop Aboriginal-led models of primary health care.

As part of this work, we will consider ways for Aboriginal Community-Controlled Health Organisations to provide disability screening and assessment services in custody.

In the interim, primary health service providers in adult public prisons must record any needs relating to preidentified disability or cognitive impairment. This is a requirement in the Healthcare Services Quality Framework for Victorian Prisons 2023.

Health service providers in youth justice custodial settings must have procedures in place to identify disability. They must clearly record disability status in the health records.

All health providers in adult and youth custodial settings must provide culturally safe services. We encourage them to engage and partner with Aboriginal Community-Controlled Health Organisations to do so.

Aboriginal and Torres Strait Islander people in adult public prisons are offered an Aboriginal Health Check within 10 days of entering custody. This check is undertaken by an Aboriginal Health Practitioner, an Aboriginal Health Worker or supported by an Aboriginal Health Liaison Officer. It is a chance to identify disability in a culturally safe way.

For all young people, we conduct cognitive disability screens within 14 days of the commencement of a custodial or community order.

We acknowledge the overrepresentation of First Nations young people with disability in youth justice.

We will work alongside the Aboriginal Principal Practitioner to explore appropriate, culturally safe disability screening and assessment services.

We will also apply a disability lens when we review the current training package for supporting Aboriginal young people and children in youth justice.

Recommendation 8.17 NDIS Applied Principles and Tables of Support concerning the justice system

Through the Disability Reform Ministerial Council, the Australian Government and state and territory governments should:

• review the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) and the Applied Principles and Tables of Support (APTOS) and operational guidelines to align and provide clear parameters in determining which supports will be funded by the National Disability Insurance Scheme (NDIS) for participants involved in the criminal justice system
• resolve issues related to the interface between the NDIS and the criminal justice system, particularly the distinction between ‘criminogenic-related supports’ and ‘disability-related supports’
• where such issues cannot be resolved, agree on a mechanism for joint-funding of individual supports.

Proposed amendments to the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) and the APTOS should be agreed by National Cabinet.

Victorian Government response to recommendation 8.17

We will consider this recommendation further.

We support clarifying roles and responsibilities at the interface between NDIS and justice services. We need to consider this recommendation together with related recommendations by the NDIS Review.

Joint response to recommendation 8.17

Subject to further consideration

The Australian Government and state and territory governments are committed to working together to clarify roles and responsibilities at the interface between the NDIS and justice services.

This recommendation requires consideration alongside relevant recommendations of the NDIS Review related to roles and responsibilities within the disability ecosystem.

Work over the past 5 years at the justice/NDIS interface has included the introduction of Justice Liaison Officers; increasing awareness of the roles and responsibilities of the NDIS and justice systems; implementing formal information sharing arrangements; and strengthening relationships between the NDIS and Aboriginal and Torres Strait Islander justice settings.

Recommendation 8.18 Timing of NDIA-funded transition supports

The National Disability Insurance Agency (NDIA) should issue guidelines stating expressly that a release date is not a precondition for approving funding for transitional supports for participants in custody. The NDIA’s Justice Operational Guidelines and internal practice guides should be amended to make this clear.

Victorian Government response to recommendation 8.18

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 8.19 Amendment of the Disability Discrimination Act 1992 (Cth) to cover police provision of ‘services’

The Disability Discrimination Act 1992 (Cth) should be amended to expressly include ‘services provided by police officers in the course of performing policing duties and powers’ in the definition of ‘services’ in section 4.

Victorian Government response to recommendation 8.19

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 8.20 Improving police responses to people with disability

The Australian Government and state and territory governments and police services should collaborate with people with disability in the co-design, implementation and evaluation of strategies to improve police responses to people with disability.

All police services should introduce adequate numbers of dedicated disability liaison officers.

The Australian Government and state and territory governments should introduce an alternative reporting pathway for people with disability to report crimes to police.

Victorian Government response to recommendation 8.20

We accept this recommendation in principle.

Inclusive Victoria: state disability plan 2022–2026 commits all Victorian Government departments and agencies, including Victoria Police, to increase collaboration and co-design with people with disability.

Victoria Police will build on its existing networks with the disability community to provide opportunities for genuine co-design. This includes developing accessible police and community-facing information, as well as training for police members, subject to funding.

Victoria Police is leading the way nationally in terms of its commitment to establishing Disability Liaison Officers as part of its Victoria Police Accessibility Action Plan 2021–2023. This included consulting with the disability community via the Disability Portfolio Reference Group.

The first group of 68 Disability Liaison Officers commenced their role on 12 April 2024.

There are Disability Liaison Officers across the state in every Police Service Area, as well as a number in Transit and Public Safety Command and specialist units.

Joint response to recommendation 8.20

Accept in principle

The Australian Government and state and territory governments are committed to improving police responses to people with disability and recognise the essential role of law enforcement in promoting and maintaining fundamental human rights.

All governments are committed to ensuring that police services are adequately equipped to engage with people with disability according to their needs. This can be achieved in multiple ways, including through the introduction of disability liaison officers or broader workforce capability uplift noting implementation must have regard to the unique needs and circumstances of each jurisdiction.

All governments acknowledge the benefits of working with people with disability to design, implement and evaluate strategies to improve police responses to people with disability in respective jurisdictions.

Recommendation 8.21 Diversion of people with cognitive disability from criminal proceedings

The New South Wales, South Australian, Victorian and Western Australian governments should review and fund their existing court-based diversion programs for people with cognitive disability charged with offences that can be heard in local or magistrates’ courts to ensure the programs:

• are accessible and culturally appropriate, particularly in regional and remote areas
• provide support for defendants to access the National Disability Insurance Scheme (NDIS)
• satisfy service needs, including connecting defendants to appropriate education, housing, employment and other services.

The Australian Capital Territory, Northern Territory, Queensland and Tasmanian governments should develop and fund court-based diversion programs for people with disability charged with summary offences in local or magistrates’ courts which:

• are accessible and culturally appropriate, particularly in regional and remote areas
• provide support for defendants to access the NDIS
• satisfy service needs, including connecting defendants to appropriate education, housing, employment and other services.

All states and territories should commission independent evaluations of their diversion programs. Any evaluation should assess and, where feasible, quantify economic and social benefits for both individual defendants and the community as a whole.

Victorian Government response to recommendation 8.21

We will consider this recommendation further.

We will consult with Victorian courts. This includes determining any future funding needed to implement the recommendation.

Recommendation 8.22 Age of criminal responsibility

States and territories that have not already done so should introduce legislation to raise the minimum age of criminal responsibility to 14.

Victorian Government response to recommendation 8.22

We accept this recommendation in part.

We will raise the minimum age of criminal responsibility in 2 stages.

Initially, we will raise it from 10 to 12 without exceptions. Then we will raise it to 14 with exceptions for serious crimes by 2027. This will be subject to the design and implementation of an alternative service model.

We will introduce legislation this year raising the age to 12 without exception as part of the first stage of this commitment.

We recognise the evidence. We understand the community wants us to respond to the unique developmental stage of children aged 10–13.

We will adopt a measured approach that puts these reforms into practice safely, effectively and sustainably.

Before we raise the age to 14, we need to make sure we have a robust service system in place. This is because we need to respond to the change in the profile of youth offending as children get older.

Recommendation 8.23 Action plan to end violence against women and children with disability

The Australian Government and state and territory governments should develop a five-year Action Plan for Women and Children with Disability to accompany the National Plan to End Violence against Women and Children 2022–2032. The Action Plan should:

• be developed by and for women with disability
• prioritise cohorts at greatest risk of violence
• coordinate with other relevant plans and strategies, in particular the forthcoming Aboriginal and Torres Strait Islander Action Plan and Australia’s Disability Strategy 2021–2031.

The Action Plan should include comprehensive actions and investment to address violence experienced by women and children with disability across the focus areas of:

• prevention
• early intervention
• response
• recovery and healing.

Victorian Government response to recommendation 8.23

We accept this recommendation in principle.

We will work with other jurisdictions, targeted services and people with disabilities with lived experience of family or sexual violence. Together, we will develop an effective mechanism to prevent gendered violence. This will ensure that victim survivors with disabilities are protected and supported to recover from family and sexual violence.

1. We are in a strong position to further national efforts to improve access to co-designed, safe and inclusive interventions. Victoria’s family violence reforms prioritised lived experience. We have a strong history of disability advocacy in Victoria.
2. We need to consider how to support interventions across the spectrum from prevention to recovery and system change.
3. We will work with Commonwealth and other states and territories under the National Plan to develop recommendations. This will improve safety and support for women and children with disabilities who are at risk of family and sexual violence. It will also further our prevention efforts.

Joint response to recommendation 8.23

Accept in principle

Through the National Plan to End Violence against Women and Children 2022–2032 (National Plan), all governments agreed that the findings of the Disability Royal Commission would guide future work to end violence against women and girls with disability.

The Australian Government and state and territory governments are committed to ending violence against women and girls with disability and acknowledge more needs to be done to address the disproportionate rates of violence experienced, through responding to the drivers of violence and recognising the specific experiences of women with disability across the National Plan’s 4 domains of prevention, early intervention, response and recovery, and healing. The National Plan promotes actions across the domains that respond to the diversity of women and children, to ensure access to systems and services are accessible to individual needs.

On 16 August 2023, the Australian Government released the First Action Plan 2023–2027 (Action Plan) to drive delivery of the shared commitment under the National Plan to end gender-based violence in a generation.

Development of the Action Plan drew on the extensive consultation undertaken with diverse stakeholder groups to inform the National Plan. These consultations listened to the diverse lived experiences of people from regional and remote areas, First Nations people, culturally and linguistically diverse communities, LGBTIQA+ people, people with disability, young people and older people.

The First Action Plan is the first 5-year action plan to drive the work needed to meet the objectives of the National Plan.

Rather than developing a new action plan targeted at women and children with disability, all governments are committed to applying a disability lens to the implementation of the 10 actions within the existing action plan, including ensuring that policy, program and service reform and change is responsive to the needs of women and girls with disability and that associated communication material and resources are accessible.

Recommendation 8.24 Disability-inclusive definition of family and domestic violence

In working towards nationally consistent, inclusive definitions of gender-based violence under the National Plan to End Violence against Women and Children 2022–2032, states and territories should amend their legislative definitions of family and domestic violence to include:

• all relationships in which people with disability experience family and domestic violence, including but not limited to carer and support worker relationships
• disability-based violence and abuse
• all domestic settings, including but not limited to supported accommodation such as group homes, respite centres and boarding houses.

The Family Law Act 1975 (Cth) and any relevant state and territory laws should also be amended consistently with this recommendation.

Victorian Government response to recommendation 8.24

We accept this recommendation in principle.

We support greater national consistency in definitions of family and sexual violence.

We will continue to work with other jurisdictions under the National Plan to End Violence Against Women and Children 2022–2032 to undertake this work.

We will undertake detailed analysis to find out what, if any, legislative or policy change we need to make. We will then consider what practical benefit national consistency would have for people with disability.

Our view is that efforts to achieve legislative consistency should not come at the expense of practical measures that deliver more meaningful outcomes.

Joint response to recommendation 8.24

Commonwealth, Vic: Accept in principle

ACT, NSW, NT, Qld, SA, Tas, WA: Subject to further consideration

The Australian Government and state and territory governments recognise the importance of ensuring that definitions of family and domestic violence are appropriately broad to capture the unique circumstances, relationships, and living arrangements in which people with disability may experience family and domestic violence.

Through the Family, Domestic and Sexual Violence Working Group, under the Standing Council of Attorneys-General, all jurisdictions are committed to working together to improve the family law and family violence systems’ response to family violence, which may include future consideration of disability-inclusive definitions.

While the governments of ACT, NSW, NT, Qld, SA, Tas and WA are supportive of disability-inclusive definitions of family and domestic violence, there are a range of challenges with progressing a nationally consistent definition. Jurisdictions are committed to working through these in the context of the work being progressed through the Family, Domestic and Sexual Violence Working Group.

Recommendation 9.1 Culturally appropriate parenting capacity assessments

State and territory governments should work with First Nations child protection services, peak bodies and First Nations people with disability to co-design clear principles and guidelines for parenting capacity assessments for First Nations parents with disability in their jurisdiction, to ensure assessments are culturally appropriate. The principles and guidelines should include:

• best practice standards of cultural competence for practitioners conducting parenting capacity assessments of First Nations parents with disability
• guidance to assist practitioners conducting parenting capacity assessments of First Nations parents with disability to identify and address assessment test errors that may result from an insufficient understanding of how cultural factors affect assessments of parenting capacity
• a requirement that practitioners conducting parenting capacity assessments of First Nations parents with disability complete mandatory training to implement best practice standards of cultural competence, using testing tools that are culturally appropriate and disability appropriate
• establishing a review process to ensure the design and implementation of these standards is consistent across states and territories.

Victorian Government response to recommendation 9.1

We accept this recommendation in principle.

We are working to improve culturally appropriate service responses for Aboriginal children and their families. We are focusing in particular on the child protection and care systems.

We will undertake a scoping exercise. We need to map the recommendation to the Victorian child protection and service system. We also need to consider current reforms to improve responses to Aboriginal children in child protection and care. This will help determine the implementation approach.

The Yoorrook Justice Commission’s Yoorrook for Justice report was released on 4 September 2023. The report makes several important recommendations to address systemic injustice and improve outcomes for First Peoples children in the child protection system.

We have accepted 28 of these recommendations, either in principle or in full. We will consider 15 more.

We will align our implementation of recommendation 9.1 with this work.

Recommendation 9.2 Ages and Stages Questionnaire-Talking about Raising Aboriginal Kids (ASQ-TRAK)

State and territory governments should ensure all First Nations children up to five years of age coming into out-of-home care are screened using the culturally adapted developmental screening Ages and Stages Questionnaire-Talking about Raising Aboriginal Kids (ASQ-TRAK) tool. Children who are vulnerable in two or more of the five domains of communication, gross motor, fine motor, problem solving, and personal-social should be supported by an application for an Early Childhood Early Intervention plan.

Victorian Government response to recommendation 9.2

We accept this recommendation in principle.

Our Maternal and Child Health services currently use the Parents' Evaluation of Developmental Status (PEDS) and BRIGANCE tools for developmental screening of children from birth to school age.

Some Aboriginal Maternal and Child Health providers already use the ASQ-TRAK. However, Maternal and Child Health services delivered through local government and health services do not.

Victorian Aboriginal Community-Controlled Organisations have welcomed the availability of a culturally appropriate and safe developmental screening tool. Some have expressed interest in using the ASQ-TRAK.

The Department of Health will:

• continue to work with and support any Victorian Aboriginal Community-Controlled Organisations who want to use the ASQ-TRAK within the Aboriginal Maternal and Child Health program (depending on availability of funding)
• consider the benefit of using the ASQ-TRAK tool as part of the Maternal and Child Health program, recognising that PEDS and BRIGANCE are the existing Victorian tools.

Recommendation 9.3 Cultural safety of First Nations people in criminal justice settings

By the end of 2024, state and territory governments should review the effectiveness of their strategies, if any, directed to providing and ensuring the cultural safety of First Nations people with disability in criminal justice settings and in doing so take into consideration what the Royal Commission has heard about that issue.

The review findings and recommendations should be made public.

Victorian Government response to recommendation 9.3

We accept this recommendation in principle.

We will need to consider how we fund the scoping, planning and implementation work this recommendation requires.

Recommendation 9.4 Expand community connector programs

The National Disability Insurance Agency should increase the number and coverage of the community connector programs for First Nations people with disability in remote areas. The implementation of the programs should be community-led and delivered. This expansion must be accompanied by adequate long-term funding for the programs and organisations delivering the programs, with sufficient training for staff delivering the programs.

In regions where English is not the preferred language for First Nations people, the programs should focus on recruiting staff who speak local languages.

Victorian Government response to recommendation 9.4

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.5 Block funding the community-controlled sector

The National Disability Insurance Agency (NDIA) should provide block funding for First Nations Community Controlled Organisations to flexibly deliver supports and services to First Nations people with disability. This could include funding for:

• respite or accommodation in connection with their plan or disability services
• cultural supports to maintain or improve health and wellbeing
• essential supports such as food, bedding and clothing
• supports that enable access to therapy, such as transport and fuel
• translation or other services to build understanding around disability and the National Disability Insurance Scheme
• other matters as agreed by the NDIA and First Nations Community Controlled Organisations.

Victorian Government response to recommendation 9.5

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.6 National Disability Insurance Agency Board

Section 127 of the National Disability Insurance Scheme Act 2013 (Cth) should be amended to provide that the National Disability Insurance Agency Board must include at least one First Nations person at all times.

Victorian Government response to recommendation 9.6

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.7 Participation in cultural life

Sections 3, 4 and 17A of the National Disability Insurance Scheme Act 2013 (Cth) should be amended to refer to participation in cultural life, in addition to participation in social and economic life.

Victorian Government response to recommendation 9.7

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.8 Return to Country

In consultation with the First Nations Advisory Council, the National Disability Insurance Agency (NDIA) should:

• create a new line item in the Pricing Arrangements recognising cultural supports and return to Country trips
• develop guidelines for NDIA staff on including cultural supports and return to Country trips as reasonable and necessary supports in plans
• educate First Nations participants about the availability of cultural supports and return to Country trips included in their plans.

Victorian Government response to recommendation 9.8

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.9 Criteria for funding family supports

The National Disability Insurance Agency (NDIA), the First Nations Advisory Council and First Nations Community Controlled Organisations should co-design policy guidelines on funding for First Nations family members to provide supports to participants in remote communities. Any policy guidelines should consider:

• the risk of financial exploitation, the need for a regulatory framework and oversight, and whether a similar approach would apply to non-First Nations carers in remote communities in similar situations
• the availability of suitable services, including culturally safe services
• training for NDIA staff on how to apply the policy guidelines, including how staff can support family to apply to be paid for the care provided
• building awareness of the circumstances in which participants and their families can apply to be paid
• how to build the capacity of family and community members to become part of the local workforce, such as trained support or community workers, which may include connecting family members with a First Nations Community Controlled Organisation.

Victorian Government response to recommendation 9.9

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.10 First Nations Disability Forum

The Australian Government and state and territory governments should support the establishment of a First Nations Disability Forum to lead further development and implementation of the Disability Sector Strengthening Plan (DSSP) by the end of March 2024. The Forum should consist of representatives of:

• First Peoples Disability Network
• First Nations Community Controlled Organisations
• both Aboriginal and Torres Strait Islander peak bodies
• First Nations people with disability.

The Forum should be supported by a First Nations disability investment fund, with the purpose of:

• supporting the operation of, and participation in, the Forum
• implementing the DSSP
• developing the First Nations Disability Workforce.

The Forum should have the capacity to direct funding under the DSSP to:

• enable First Nations people with disability to provide advice and guidance from their lived experience to the Forum
• enable community-controlled organisations to develop their capacity to design and deliver disability-specific services and supports
• enable community-controlled organisations to work with other organisations to drive national leadership in disability policy and services reform
• enable community-controlled organisations to deliver on specific priority areas as identified in the DSSP
• enable the participation of community-controlled organisations not engaged in the Coalition of Aboriginal Peaks process
• support First Nations community-based organisations across the health, criminal justice and early childhood sectors to improve workforce disability competency to ensure First Nations people with disability receive appropriate disability support
• take into consideration the recommendations of the Royal Commission.

The Forum should develop and implement a strategy, supported by the First Nations disability investment fund, to build disability-specific expertise into First Nations Community Controlled Organisations.

Victorian Government response to recommendation 9.10

We accept this recommendation in principle.

Inclusive Victoria: state disability plan 2022–2026 identifies self-determination as 1 of 6 areas of systemic reform.

A First Nations Disability Forum is consistent with this. It is also consistent with our broader work to advance self-determination through truth-telling and Treaty.

We note that a policy partnership leads all other sector-strengthening plans under the National Agreement on Closing the Gap (National Agreement).

We consider the proposed First Peoples Disability Forum could be established as a Disability Policy Partnership.

This would ensure a consistent approach to policy advice and governance under the National Agreement. It would lead the review and implementation of a revised Disability Sector Strengthening Plan.

The Commonwealth would need to provide resourcing for First Peoples sector and organisational representatives to engage with the work of a Disability Policy Partnership. This would be critical to delivering improved outcomes.

The establishment of the First Nations Disability Forum (or Disability Policy Partnership) will need to consider the views of the First Peoples Assembly of Victoria and Ngaweeyan Maar-oo (Victoria’s formal partner on Closing the Gap).

It will also need to consider outcomes of Treaty negotiations. These negotiations are due to commence in 2024.

To exercise self-determination, the forum would need to be supported by an investment fund. This would provide resources to Aboriginal Community-Controlled Organisations to participate in determining the service responses and supports that people need.

The proposal to develop a strategy to build disability expertise into Aboriginal Community-Controlled Organisations is consistent with Victoria’s support for building capability in these organisations.

We note that the timeframe of the end of March 2024 has not been met. This is due to the complex intergovernmental collaboration that needs to occur.

Joint response to recommendation 9.10

Accept in principle

The Australian Government and state and territory governments recognise the value of shared decision-making mechanisms and formal partnerships in line with Priority Reform One under the National Agreement on Closing the Gap.

All governments will work in partnership with First Nations people with disability, their families, carers and representatives, the Joint Council on Closing the Gap, peak bodies, and other key stakeholders through 2024 to develop options for the establishment of a First Nations Disability Forum or other appropriate shared decision-making mechanism for the cross-cutting outcome of disability under Closing the Gap.

Recommendation 9.11 Building on the Disability Sector Strengthening Plan

Parties to the National Agreement on Closing the Gap should commit to releasing a revised Disability Sector Strengthening Plan (DSSP) in partnership with the First Nations Disability Forum by the end September of 2024. The revised DSSP should have:

• agreed priority areas, determined through consultation with the community- controlled sector under the guidance of First People’s Disability Network
• a commitment to future funding and longer timeframes
• agreed timeframes for delivering actions and achieving outcomes
• annual reporting requirements for government parties to the National Agreement on Closing the Gap.

Victorian Government response to recommendation 9.11

We accept this recommendation in principle.

A revised Disability Sector Strengthening Plan would need to provide resources and funding security. This recognises the sustained effort needed for change.

The Disability Sector Strengthening Plan must focus on outcomes. It must identify agreed benchmarks and measurements to measure progress over time.

We recommend that the Disability Sector Strengthening Plan and supporting actions are flexible enough to accommodate any future Treaty outcomes.

A review of the Disability Sector Strengthening Plan could be led by a Disability Policy Partnership. This would ensure a consistent approach under Closing the Gap.

The Commonwealth would need to provide resourcing for First Peoples sector and organisational representatives to engage in the work of a Disability Policy Partnership. This would be critical to delivering improved outcomes.

Joint response to recommendation 9.11

Accept in principle

As a first step towards progressing this recommendation, governments have committed to work with the First Peoples Disability Network through 2024 to strengthen implementation of the current Disability Sector Strengthening Plan (DSSP) to enable improved outcomes against existing actions. The proposed shared decision-making mechanism in respect of disability (recommendation 9.10) would also support the response to this recommendation.

Recommendation 9.12 Disability-inclusive cultural safety standards

The Australian Government in partnership with the First Nations Disability Forum should develop disability-inclusive cultural safety standards for the provision of services for First Nations people with disability.

Disability service providers that support and have a responsibility for First Nations people with disability, including in the health, criminal justice and early childhood sectors, should incorporate these disability-inclusive cultural safety standards in their practices and organisations.

Victorian Government response to recommendation 9.12

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.13 Remote workforce development

The First Nations Disability Forum and parties to the Disability Sector Strengthening Plan (DSSP) should collaborate to develop a strategy to develop First Nations local workforces in remote communities. The strategy should consider:

• funding for community-level assessments to determine:
  • existing infrastructure and resources
  • the capacity and willingness of the First Nations community-controlled sector to support local workforce development
  • the level of demand within the community
• that allocation of funding for local workforce development should include funding to build the capacity of family members to provide care
• the strategy should be co-developed and co-implemented with First Nations Community Controlled Organisations, noting their capacity, expertise and willingness to be involved. The involvement of First Nations Community Controlled Organisations must be adequately supported and funded.

Victorian Government response to recommendation 9.13

We accept this recommendation in principle.

We will need to consider this recommendation together with our response to interim and future recommendations of the Yoorrook Justice Commission. We will also need to consider the outcomes of Treaty negotiations, which are due to start in 2024.

Any funding commitments associated with a workforce development strategy will be subject to budget approval processes.

Joint response to recommendation 9.13

Accept in principle

The Australian Government and state and territory governments support in principle the development of a strategy to develop First Nations local workforces in remote communities that is co-developed and co-implemented with First Nations Community Controlled Organisations. First Nations communities will play a key role in the flexible design and delivery of supports and services to First Nations people with disability and people living in remote areas.

Recommendation 10.1 Embedding human rights

The NDIS Quality and Safeguards Commission (NDIS Commission) should commission a capacity-building program to support disability service providers to embed human rights in the design and delivery of their services. The program should be co-designed with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations

Community Controlled Organisations, and peak bodies.

The program should:

• develop opportunities for dialogue between providers and people with disability to address challenges and share promising practices
• develop tools, resources and training packages that reflect the diversity of people with disability and disability service providers across Australia
• focus on practical, implementable strategies that lead to better outcomes for people with disability
• be grounded in the principles of the Convention on the Rights of Persons with Disabilities, and reflect our findings, the NDIS Review, and the NDIS Commission’s own motion inquiries and recent Safeguarding Policy Implementation Plan
• enable providers to prepare for, or demonstrate compliance with, current and future legislative and registration requirements associated with the rights of people with disability. This includes responsibilities under the Disability Discrimination Act 1992 (Cth) and the Disability Rights Act (if enacted).

The National Disability Insurance Agency, and state and territory governments involved in providing, regulating or conducting oversight of disability services not funded under the National Disability Insurance Scheme, should actively participate in all stages of the program.

The program should begin by 1 July 2025.

Victorian Government response to recommendation 10.1

We accept this recommendation in principle.

We need to do further work to consider how this recommendation intersects with the recommendations of the NDIS Review and the development of Foundational Supports.

Joint response to recommendation 10.1

Accept in principle

The Australian Government and state and territory governments support the development of a capacity-building program to support disability service providers to embed human rights in the design and delivery of their services.

The NDIS Commission will work with people with disability, providers, workers and states and territories to develop the program, which will build on the NDIS Commission’s existing suite of practical human rights capacity-building products and training for NDIS providers and workers that were developed with people with disability.

Recommendation 10.2 Independent support coordination

To address potential conflicts of interest, the Minister for the National Disability Insurance Scheme (NDIS) should, in consultation with states and territories, create or amend an NDIS Rule to make clear that it is not appropriate for a provider of support coordination to be the provider of any other funded supports in an NDIS participant’s plan.

Exceptions to the Rule should be developed in consultation with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies.

Exceptions may include situations where there are limited alternative service options for NDIS participants due to thin disability service markets, or where there are limited culturally appropriate or specialised services available.

Victorian Government response to recommendation 10.2

We accept this recommendation in principle.

We support improving safeguards for people with disability who receive disability support services. This includes preventing conflicts of interest when coordinating services.

Joint response to recommendation 10.2

Accept in principle

The Australian Government and state and territory governments are committed to improving safeguards for people with disability in the provision of disability support services, including greater controls around conflicts of interest.

Governments will work together with people with disability, their families, carers, representative organisations, First Nations Community Controlled Organisations and peak bodies to consider the most appropriate approach to preventing conflicts of interest in support coordination. This will include consideration of the potential need for exceptions in limited circumstances.

Recommendation 10.3 Adequate support coordination

The National Disability Insurance Agency should ensure that participants in the National Disability Insurance Scheme (NDIS) identified as being at heightened risk of violence, abuse, neglect or exploitation, particularly those living in supported accommodation, have funding for support coordination included in their NDIS plans.

Funding for support coordination should reflect the NDIS participant’s support and communication needs. Funding for hours of support coordination should also be sufficient to facilitate face-to-face contact at least monthly.

NDIS participant plans should be updated by 30 September 2025.

Victorian Government response to recommendation 10.3

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.4 Quality of support coordination

The NDIS Quality and Safeguards Commission should examine the quality and consistency of support coordination, with a particular focus on National Disability Insurance Scheme participants who:

• live in remote and very remote locations
• are First Nations people with disability
• are culturally and linguistically diverse
• are navigating state or territory housing, health or criminal justice systems
• are experiencing housing insecurity or homelessness
• are living in supported accommodation
• are attending day programs or working in Australian Disability Enterprises.

The examination may be part of the proposed own motion inquiry on support coordination.

Victorian Government response to recommendation 10.4

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.5 Advocacy

1. The National Disability Insurance Agency (NDIA) should develop a program to connect National Disability Insurance Scheme (NDIS) participants living in supported accommodation with an appropriate disability advocacy organisation. The program should be co-designed with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies.

   The program should:

   • promote advocacy in the course of NDIS planning processes
   • increase awareness of the role of advocacy in disability services among NDIS participants and their families and supporters
   • strengthen advocacy referral processes when participants and their families and supporters raise concerns, make complaints or report incidents
   • foster relationships between NDIS participants, their families and supporters, and disability advocacy organisations

   • strengthen collaboration between disability service providers and disability advocacy organisations to enable advocates to maintain periodic contact with people with disability so they can identify potential or emerging issues.

     The program should commence by January 2025.

     Following an evaluation of the program’s impact and outcomes, the NDIA should consider expanding the program to reach other groups of people with disability who are identified as being at heightened risk of violence, abuse, neglect or exploitation.

2. The NDIS Quality and Safeguards Commission, when reviewing complaints and reportable incidents, should also actively promote the value of independent advocacy for NDIS participants identified as being at heightened risk of violence, abuse, neglect or exploitation, and/or those who live in supported accommodation.

Victorian Government response to recommendation 10.5

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.6 Supported decision-making in disability services

The NDIS Quality and Safeguards Commissioner should amend the National Disability Insurance Scheme (Quality Indicators for NDIS Practice Standards) Guidelines 2018 (Cth) to reflect that each participant:

• is entitled to support to make everyday life decisions including what services they receive, in what way and from whom
• has opportunities to make decisions about their goals and aspirations
• is supported to develop their decision-making skills
• is supported to communicate their will and preferences
• has the right to choose their own supporter.

Amendments should be completed by 30 June 2025.

Victorian Government response to recommendation 10.6

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.7 Practical guidance on supported decision-making

The NDIS Quality and Safeguards Commission should co-design – with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies – a practice guide on supported decision-making for service providers. This should be consistent with the NDIS Supported Decision Making Policy and the supported decision-making principles outlined in Recommendation 6.6.

Victorian Government response to recommendation 10.7

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.8 A national disability support worker registration scheme

The Australian Government should establish a national disability support worker registration scheme by 1 July 2028.

Consultation about the scope and elements of the national disability support worker registration scheme should begin as soon as possible. The consultations should include people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, support workers and their representative bodies, disability service providers, state and territory governments, and peak and regulatory bodies.

The design of the scheme should consider:

• the definition of ‘disability support worker’
• a code of conduct and minimum standards for registered disability support workers, including support coordinators
• mandating the NDIS Worker Screening Check for all disability support workers
• recognition and accreditation of workers’ qualifications, experience, capabilities and skills
• continuing professional development requirements for disability support workers
• automatic registration for disability support workers who are registered with other relevant professional bodies
• a First Nations workforce pathway to address barriers to First Nations workers entering the sector
• an accessible portal to enable people with disability and their supporters to view the profiles and registration status of disability support workers
• portable training and leave entitlements.

Victorian Government response to recommendation 10.8

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.9 The Social, Community, Home Care and Disability Services Industry Award

Organisations entitled to represent the industrial interests of members of the disability support workforce covered by the Social, Community, Home Care and Disability Services (SCHADS) Industry Award 2010, along with the Australian Government and employers, should consider a joint application to vary the modern award in accordance with section 158 of the Fair Work Act 2009 (Cth).

This would seek to ensure equal remuneration of workers for work of equal or comparable value in accordance with section 302 of the Fair Work Act 2009 (Cth), paying particular attention to employers’ continued use of Schedule E and the ‘work value’ of contemporary disability support work.

Victorian Government response to recommendation 10.9

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.10 Provider of last resort

The Australian Government should urgently engage with state and territory governments about funding and arrangements for a provider of last resort scheme. It should also consult with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies about how such a scheme could operate.

The scheme should be designed to address:

• failed or thin markets, particularly for First Nations people with disability in remote or very remote areas, and consider the use of block funding to guarantee service provision in those communities
• access to services for:
  • people in crisis situations
  • people at risk of losing their accommodation and disability services
  • people whose needs cannot be adequately met by existing services
• access to case management for people with disability at heightened risk of violence, abuse, neglect or exploitation
• clarity about which agency has the lead coordinating role.

The Australian Government should put forward a proposal for discussion to the Disability Reform Ministers Council in 2024.

Victorian Government response to recommendation 10.10

We accept this recommendation in principle.

We support the urgent roll-out of provider of last resort arrangements.

We need provider of last resort arrangements to ensure the service system can support people who are in the most critical and urgent of circumstances.

We believe this recommendation should be extended to include after-hours crisis support.

Provider of last resort arrangements need to cover persistent thin markets. This is particularly important for the cohorts noted in the recommendation. The market has not been willing or able to support these people. It is unlikely to do so in the future.

We know from our experience that market-based approaches have not provided enough incentive for service providers to remain in particular submarkets and persistent thin markets.

This includes for regional areas, First Nations and participants with complex needs, and specific support categories, such as supported disability accommodation or behaviour supports.

Provider of last resort arrangements should cover thin markets. In a thin market, the collapse of any one provider would cause a critical disruption in the delivery of disability supports. This is particularly the case for providers that support a large number of people with significant disability support needs, complex needs or First Nations participants.

We support the National Disability Insurance Agency establishing clear, unambiguous provider of last resort arrangements for services to NDIS participants who have lost or are at imminent risk of losing critical disability supports. This is in line with previous work through the Disability Reform Ministerial Council.

The proposal should be developed through broad collaboration with people with disability and be provided to Disability Reform Ministerial Council.

The provider of last resort framework should also include support and training for providers. This would ensure they have the skills, infrastructure and capacity to provide time-limited crisis supports to participants.

Joint response to recommendation 10.10

Accept in principle

The Australian Government and state and territory governments acknowledge that there are gaps when an NDIS provider or the NDIS market fails which can prevent a person with disability in certain areas or with certain needs from accessing the supports and services they need, when they need them.

A provider of last resort scheme could be one mechanism to address failed and critically thin markets, particularly for First Nations people in remote communities, as well as regional and remote communities more broadly, and participants with complex needs. It could also be a mechanism to support people in crisis situations, such as those at risk of losing their accommodation, or access to disability supports.

All governments support the policy intent of this recommendation and are committed to working together through the Disability Reform Ministerial Council to consider reform options alongside recommendation 13 and action 13.4 of the NDIS Review, in consultation with people with disability, their families, carers, representative organisations, First Nations Community Controlled Organisations, peak bodies, and other key stakeholders.

Recommendation 10.11 Internal procedures for monitoring reportable incidents

The NDIS Quality and Safeguards Commission should improve its internal procedures for monitoring reportable incidents, paying particular attention to:

1. communicating feedback about the quality of providers’ handling of incidents
2. seeking clarification from providers, National Disability Insurance Scheme participants and their families when deficiencies or evidentiary gaps are identified, particularly where participants have been harmed or are at immediate risk of harm
3. the efficiency of the online portal used by providers to report incidents.

Victorian Government response to recommendation 10.11

We note this recommendation.

This recommendation is not within our area of responsibility

Recommendation 10.12 Introduction of class or kind determinations

The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) to:

a) introduce ‘class or kind’ determinations exempting certain registered providers from notifying less serious types or categories of reportable incidents where they have demonstrated a satisfactory level of competence in managing and investigating incidents

b) enable the NDIS Quality and Safeguards Commission to conduct audits to assess compliance with class or kind determinations.

Victorian Government response to recommendation 10.12

We accept this recommendation in principle.

We support making sure regulatory obligations are proportionate to risk.

We will consider this recommendation together with the NDIS Review’s proposed reforms to provider registration and regulation.

Joint response to recommendation 10.12

Accept in principle

The Australian Government and state and territory governments support in principle the NDIS Quality and Safeguards Commission (NDIS Commission) having access to ‘class or kind’ determinations to enable it to effectively manage the volume of reportable incidents it receives.

The NDIS Commission will work with people with disability and the NDIS sector to determine an approach to ‘class or kind’ determinations where a satisfactory level of competence in managing and investigating incidents has been demonstrated by providers. Strategies for assessing compliance by the NDIS Commission will be included in considerations.

The NDIS Commissioner is able to amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) in consultation with states and territories.

In addition, the Australian Government has established the NDIS Provider and Worker Registration Taskforce to provide advice on the design and implementation of the new graduated risk-proportionate regulatory model proposed in the NDIS Review Final Report. The Taskforce will report mid-2024. Final decisions on the registration model may have implications for the response to this recommendation.

Recommendation 10.13 Creating an independent investigators panel

The NDIS Quality and Safeguards Commission (NDIS Commission) should establish a panel of independent investigators with strong credentials in relation to safeguarding, human rights and investigative practice. The NDIS Commission should seek regular feedback from providers about the quality of independent investigators’ work.

Victorian Government response to recommendation 10.13

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.14 Developing model policies and procedures

The NDIS Quality and Safeguards Commission should develop model procedures for National Disability Insurance Scheme (NDIS) providers, including:

1. for frontline workers about recognising and reporting incidents, with clear definitions around what incidents must be reported and when
2. for incident management, incorporating guidance on undertaking causal reviews of incidents and preventive action, as well as implementing wider system improvements
3. for complaints, articulating person-centred approaches for managing and resolving complaints and providing feedback, and requiring supports for a participant who needs to participate in a complaints process
4. that address the need to consider the impact or harm caused to a participant and provide guidance on forms of redress that should be offered to people with disability involved in incidents and complaints.

These procedures should be developed in consultation with people with disability, family members, advocates and NDIS providers.

Victorian Government response to recommendation 10.14

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.15 Complaint handling and investigative practice guideline

1. The NDIS Quality and Safeguards Commissioner should issue a guideline, by notifiable instrument, addressing accessible and responsive complaint handling and investigative practice. The guideline should:
   • outline the core components of an accessible and responsive complaint handling and investigative practice involving people with disability, consistent with Recommendation 11.5
   • be co-designed by people with disability and their representative organisations and involve consultation with National Disability Insurance Scheme (NDIS) provider representatives.
2. The Minister for the NDIS should, in consultation with states and territories, amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) and National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth) to include recognition of, and a requirement for compliance with, the guideline.

Victorian Government response to recommendation 10.15

We accept this recommendation in principle.

We support providing additional guidance and explanatory materials for providers. This will help them use best practice approaches. It will also ensure they meet the expectations of the NDIS Quality and Safeguards Commission.

Joint response to recommendation 10.15

Accept in principle

The Australian Government and state and territory governments recognise and support the importance of having an accessible and responsive complaints handling system to uphold the rights of people with disability in complaints and incident investigation processes associated with NDIS providers.

The NDIS Quality and Safeguards Commission will work with states and territories to develop and issue a guideline, co-designed with people with disability, outlining the core components of an accessible and responsible complaints handling and investigative practice involving people with disability.

Recommendation 10.16 Requirement to consider redress

1. The Minister for the National Disability Insurance Scheme (NDIS) should, in consultation with states and territories, amend the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) and National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth) to include a requirement for NDIS providers to consider redress and forms of support to an NDIS participant where the NDIS Quality and Safeguards Commission (NDIS Commission) forms the view that the service provider bears responsibility for the violence, abuse, neglect or exploitation experienced by the NDIS participant.
2. The NDIS Commission should:
   • provide practical advice on suitable forms of redress when making the guideline on accessible and responsive complaint handling and investigative practice (see Recommendation 10.15)
   • consider whether it has power to incorporate in enforceable undertakings a requirement that service providers afford redress to NDIS participants in appropriate cases. If not, it should seek the necessary powers and be prepared to use them where appropriate.

Victorian Government response to recommendation 10.16

We accept this recommendation in principle.

We acknowledge providers need extra support and guidance to respond to complaints satisfactorily. We also support the NDIS Commission having the power to make more assertive interventions where necessary.

Joint response to recommendation 10.16

Accept in principle

The Australian Government and state and territory governments acknowledge the Disability Royal Commission’s findings that NDIS providers have failed to provide a written apology or discuss any form of redress when people with disability, for whom they were responsible, experienced violence, abuse, neglect or exploitation.

The NDIS Commission will work with states and territories, people with disability, NDIS providers and other key stakeholders to investigate the practical application of this recommendation, including consideration of legal and regulatory implications.

Recommendation 10.17 Access to safeguarding indicators and expertise

In developing and publishing guidance about best practice governance models for National Disability Insurance Scheme (NDIS) providers, the NDIS Quality and Safeguards Commission should:

1. include safeguarding indicators for use by NDIS providers based on the sample indicators outlined in Table 10.8.3
2. provide guidance encouraging governing bodies of NDIS providers to have regular access to specialist safeguarding advice in considering issues arising from complaints and incidents.

Victorian Government response to recommendation 10.17

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.18 Improved complaint handling procedures and responses

The NDIS Quality and Safeguards Commission should:

1. ensure complainants are updated appropriately throughout key stages of the complaint process and their expectations managed
2. ensure triage and streamlining models effectively prioritise complaints requiring a more immediate response
3. clearly define risk categories, timeframes and procedures for handling these complaints
4. establish realistic and achievable metrics for measuring its performance with respect to timeframes.

Victorian Government response to recommendation 10.18

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.19 Requirement to investigate certain complaints

The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (Cth) to empower the NDIS Quality and Safeguards Commission to require a provider to carry out an investigation into a complaint and report on its contact with the complainant and its findings.

Victorian Government response to recommendation 10.19

We accept this recommendation in principle.

The NDIS Quality and Safeguards Commission should have the powers it needs to fulfil its responsibilities. It should be able to exercise these powers.

We support giving the NDIS Quality and Safeguards Commission the power to direct providers to investigate a complaint. We also support the Commission having the power to report on both its contact with the complainant and its findings.

Joint response to recommendation 10.19

Accept in principle

The Australian Government and state and territory governments agree NDIS Rules should enable the NDIS Commission to require a provider to carry out an investigation into a complaint and report on its contact with the complainant and findings.

The NDIS Commission will work with states and territories, people with disability, and the broader NDIS sector to identify and implement required NDIS Rules changes.

Recommendation 10.20 Making complaint processes accessible

The NDIS Quality and Safeguards Commission should further enhance the accessibility of its complaint handling processes, having regard to the following steps:

1. making information simple and easy to navigate
2. adopting a ‘no wrong door’ approach
3. accommodating people’s preferred means of communication and making other adjustments as needed
4. assisting people to secure advocacy and other supports
5. identifying people at risk of abuse
6. implementing a strategy for ‘hard to reach’ groups
7. ensuring complainants are involved in complaint processes and when this is not possible, recording the reasons for their non-involvement
8. examining whether providers are supporting people with disability to access advocates when they make a complaint and where providers conduct investigations.

Victorian Government response to recommendation 10.20

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.21 Registration and audit process

1. To enhance the registration process, the NDIS Quality and Safeguards Commission (NDIS Commission) should:
   • develop and implement a framework for sharing relevant information with quality auditors
   • conduct a comprehensive review of the provider registration process focused on:
     • simplifying the process for smaller providers seeking to renew their registration
     • improving the NDIS Commission’s operating system (COS) portal and online application forms used to submit registration applications
     • removing any duplication of requirements for cohorts of practitioners or organisations working within multiple schemes and for recognising other forms of accreditation
     • identifying areas where there are workforce shortages or ‘thin provider markets’, and encouraging the use of easier and more cost-effective certification audit processes in these areas
     • assessing whether the number of approved quality auditors accredited for remote auditing and assessment should be increased
   • collect and publish de-identified data about quality audit outcomes to inform best practice
   • alert quality auditors to known systemic issues across the NDIS provider market.
2. The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the National Disability Insurance Scheme (Protection and Disclosure of Information – Commissioner) Rules 2018 (Cth) to clarify the NDIS Commission is able to share relevant information with quality auditors.

Victorian Government response to recommendation 10.21

We accept this recommendation in principle.

We support the proposed improvements to the registration process.

The review of the provider registration process should be considered as part of the NDIS Review proposal for a graduated registration model for providers and workers.

Joint response to recommendation 10.21

Accept in principle

The Australian Government and state and territory governments support reform to the registration and audit process to enable a strengthened but risk-proportionate approach to regulating and monitoring the quality and safety of services delivered by NDIS providers.

On 12 February 2024, the Minister for the NDIS announced the establishment of the NDIS Provider and Worker Registration Taskforce, to provide advice on the design and implementation of a new graduated risk-proportionate regulatory model for all providers and workers in consultation with the disability community. The Taskforce will report in 2024.

All governments also support appropriate changes to clarify that the NDIS Commission is able to share relevant information with quality auditors and will consider appropriate rule or guideline changes following receipt of the Taskforce’s report.

Approaches to implementing this recommendation are being considered alongside recommendation 17 of the NDIS Review to develop and deliver a risk-proportionate model for the visibility and regulation of all providers and workers, and to strengthen the regulatory response to long-standing and emerging quality and safeguards issues.

Recommendation 10.22 Strengthened regulatory requirements

1. The Minister for the National Disability Insurance Scheme should, in consultation with states and territories, amend the Core Module of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cth) to issue further standards that address complaint handling and incident management.
2. The NDIS Quality and Safeguards Commissioner should amend the Core Module of the National Disability Insurance Scheme (Quality Indicators for NDIS Practice Standards) Guidelines 2018 (Cth) to strengthen the requirements relating to complaints and incidents (see Table 10.10.2), accountable governance (see Table 10.10.3), and worker capacity and training (see Table 10.10.4).

Victorian Government response to recommendation 10.22

We accept this recommendation in principle.

We support issuing further standards that address complaint handling and incident management.

We need to consider any intersections with the graduated provider enrolment and registration model proposed by the NDIS Review.

Joint response to recommendation 10.22

Accept in principle

The Australian Government and state and territory governments support strengthening complaint handling and incident management requirements to better protect people with disability.

The NDIS Commission will commence a review of the NDIS Practice Standards, which form part of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 in consultation with people with disability, NDIS providers and states and territories in 2024. The outcomes of the review will inform the issuing of further standards that address complaint handling and incident management.

Recommendation 10.23 Publishing data about the unregistered provider market

The NDIS Quality and Safeguards Commission (NDIS Commission) should collect and publish data relating to trends and risks identified within the unregistered provider market, including a breakdown of:

• the number of complaints received involving unregistered providers
• quality and safety issues identified by the NDIS Commission through its oversight of complaints in relation to unregistered providers
• the number of compliance matters and investigations commenced by the NDIS Commission in relation to unregistered providers
• the number of unregistered providers involved in contraventions identified by the NDIS Commission and the type of breach identified
• the number and type of compliance and enforcement actions taken in relation to unregistered providers
• the number of workers engaged by unregistered providers involved in complaints, compliance matters or investigations without a worker screening clearance at the time of the alleged conduct or issue.

Victorian Government response to recommendation 10.23

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.24 Improved access to behaviour support practitioners

The NDIS Quality and Safeguards Commission should, by December 2024, improve access to behaviour support practitioners by:

1. providing incentives for practitioners and National Disability Insurance Scheme providers to provide behaviour support services, including in regional and remote areas in which ‘thin markets’ operate
2. forming a partnership with First Nations leaders from the disability and employment services sectors to develop a recruitment strategy targeting First Nations people and others with experience in working with First Nations communities to address behaviour support shortages in regional and remote areas
3. exploring with behaviour support practitioners, service providers and people with disability, the merits of an ‘on-the-job’ professional development and accreditation model for behaviour support practitioners
4. creating a publicly accessible list of all individual behaviour support practitioners.

Victorian Government response to recommendation 10.24

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.25 Strengthened monitoring, compliance and enforcement

The NDIS Quality and Safeguards Commission should review its compliance and enforcement policy and in doing so have regard to:

1. where appropriate, transitioning its primary compliance approach from educational and capacity building strategies to stronger compliance and enforcement activities
2. increasing its face-to-face engagement with National Disability Insurance Scheme (NDIS) participants who are at greater risk of experiencing violence, abuse, neglect and exploitation, and site visits to speak with providers and workers
3. increasing the use of its enforcement powers and monitoring tools in relation to NDIS providers that:
   • have a history of non-compliance or repeatedly fail to meet their obligations to provide safe and quality supports and services
   • have demonstrated a disregard for the safety of people with disability
   • have caused serious harm to a person or people with disability
4. the availability of enforceable undertakings and compliance notices to address non-compliance by NDIS providers.

Victorian Government response to recommendation 10.25

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.26 Expanded data reporting and publication

1. In addition to data currently published, the NDIS Quality and Safeguards Commission should publish in quarterly activity reports and annual reports:
   • ‘disaggregated data’ relating to complaints, reportable incidents and behaviour support, having regard to suggested data in Table 10.13.1
   • a comprehensive analysis of data trends, identifying systemic issues relating to the quality and safety of National Disability Insurance Scheme (NDIS) supports and services
   • ‘operational performance data’ relating to complaints, reportable incidents, compliance and enforcement, having regard to the suggestions in Table 10.13.2.
2. The Minister for the NDIS should, in consultation with states and territories, amend the reporting requirements in the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth) to enable provider investigation outcome data to be collected on a routine basis from NDIS providers.

Victorian Government response to recommendation 10.26

We accept this recommendation in principle.

We support the proposal to publish the data detailed in the recommendation. We also support the regular collection of provider investment outcome data from NDIS providers.

Joint response to recommendation 10.26

Accept in principle

The Australian Government and state and territory governments recognise the value and importance of data in proactively identifying issues, monitoring trends, improving collaboration and responses between relevant regulatory bodies, and better safeguarding people with disability from violence, abuse, neglect and exploitation.

The NDIS Commission will work with people with disability, their representatives, and NDIS service providers to identify potential approaches to the collection of provider investigation outcome data on a routine basis from NDIS providers and publication. Changes to NDIS systems and development of provider guidance will be required to support this recommendation.

Recommendation 10.27 Strengthened intelligence capacity

The NDIS Quality and Safeguards Commission (NDIS Commission) should establish a dedicated intelligence unit within the NDIS Commission to enhance its capacity to collect intelligence, identify and respond to higher risk participants, take action relating to providers where necessary and identify systemic issues.

Victorian Government response to recommendation 10.27

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.28 Information sharing between prescribed bodies

1. The Minister for the National Disability Insurance Scheme (NDIS) should, in consultation with states and territories, amend the National Disability Insurance Scheme (Protection and Disclosure of Information – Commissioner) Rules 2018 (Cth) to include safeguarding bodies with the type of functions described in Table 10.13.3 as ‘prescribed bodies’ for the purposes of section 67A(1)(db) of the National Disability Insurance Scheme Act 2013 (Cth).
2. States and territories should introduce legislative and administrative arrangements that would allow prescribed bodies in each jurisdiction to exchange risk-related information with the NDIS Quality and Safeguards Commission, where the exchange of information will promote the safety of NDIS participants who may be at risk of experiencing violence, abuse, neglect or exploitation.

Victorian Government response to recommendation 10.28

We accept this recommendation in principle.

We welcome further action to address the significant gap in safeguarding arrangements for people with disability. This gap places NDIS participants at greater risk of harm.

Joint response to recommendation 10.28

Accept in principle

The Australian Government and state and territory governments support increased and robust risk-related information sharing between safeguarding bodies in each state and territory and the NDIS Commission to facilitate the harmonious and effective oversight of services provided to people with disability.

All governments are committed to considering relevant rule or legislative changes to ensure safeguarding bodies in each jurisdiction can exchange risk-related information with the NDIS Commission. A key aspect of implementation of any legislative changes for this recommendation will be protecting personal and private information.

Recommendation 10.29 Establishing a First Nations Unit

The NDIS Quality and Safeguards Commission should establish a dedicated First Nations Unit to develop its engagement with and understanding of the issues facing First Nations participants in the National Disability Insurance Scheme, particularly in regional and remote communities.

Victorian Government response to recommendation 10.29

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.30 Engagement and capacity building activities

The NDIS Quality and Safeguards Commission should enhance its engagement and capacity building activities with National Disability Insurance Scheme (NDIS) providers by:

1. routinely sharing data analysis and insights from its oversight activities with NDIS providers to promote improvements in the quality and safety of services
2. facilitating regular industry forums and communities of practice to raise and address critical safeguarding practice issues and share best practice
3. expanding its training offerings to NDIS providers, particularly in relation to fulfilling their obligations to recognise, report and investigate incidents and deal appropriately with complaints
4. developing a training and resources hub for use by people with disability and their supporters, as well as the NDIS provider workforce.

Victorian Government response to recommendation 10.30

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 10.31 Continuous monitoring of criminal charges

The Australian Government and state and territory governments should amend the Intergovernmental Agreement on Nationally Consistent Worker Screening for the National Disability Insurance Scheme to clarify the role of the Australian Federal Police (or other national bodies) in monitoring new charges relating to disability support workers who hold a clearance, and sharing information with state and territory worker screening units.

Victorian Government response to recommendation 10.31

We accept this recommendation in principle.

We support including the Australian Federal Police and other national bodies in efforts to monitor new charges relating to disability support workers. This includes the sharing of this information between jurisdictions.

This would ensure worker screening includes Commonwealth offences, not just state offences.

Joint response to recommendation 10.31

Accept in principle

The Australian Government and state and territory governments are committed to protecting the safety of people with disability, including through strong workforce screening processes.

All governments will work together to consider options to clarify the role of the Australian Federal Police and other national bodies in monitoring new charges related to NDIS workers and sharing information with state and territory worker screening units.

The National Disability Insurance Scheme Act 2013 allows the NDIS Commission to disclose protected NDIS Commission information to worker screening units for the purposes of carrying out an NDIS worker screening check.

All governments are committed to working together to review the adequacy of information sharing arrangements. The NDIS Commission and state and territory Worker Screening Units will also continue working closely together to improve content and practice elements of reciprocal information sharing processes.

The Australian Government is also taking steps, in consultation with states and territories, to pilot a process for national continuous monitoring of criminal charges and a move towards a nationally consistent worker screening model across the care and support economy.

Recommendation 10.32 Operational framework to guide worker screening

The NDIS Quality and Safeguards Commission (NDIS Commission) should, in consultation with state and territory worker screening units, develop an operational framework to guide the efficient and effective provision of information to worker screening units to inform their assessments. In doing so, it should establish criteria to inform the provision of initial monitoring advice to screening bodies to promote consistency and help better inform initial screening actions. Such advice could include:

• date of the incident
• duration of alleged conduct (if applicable)
• description, nature and circumstances of the matter
• whether the police are involved (noting that the screening unit will only be alerted via the monitoring system at the point at which charges are laid)
• critical information relating to the available evidence (for example, an investigation report from an employer)
• relevant information relating to the NDIS Commission’s oversight of the matter (for example, whether the matter is open, closed, substantiated or not and whether further outcomes are pending).

Victorian Government response to recommendation 10.32

We accept this recommendation in principle.

We support the development of an operational framework. This would enable a more comprehensive working screening process. It would also support the protection of vulnerable people.

Joint response to recommendation 10.32

Accept in principle

The Australian Government and state and territory governments are committed to protecting the safety of people with disability, including through strong workforce screening processes.

All governments will work together to consider options to clarify the role of the Australian Federal Police and other national bodies in monitoring new charges related to NDIS workers and sharing information with state and territory worker screening units.

The National Disability Insurance Scheme Act 2013 allows the NDIS Commission to disclose protected NDIS Commission information to worker screening units for the purposes of carrying out an NDIS worker screening check.

All governments are committed to working together to review the adequacy of information sharing arrangements. The NDIS Commission and state and territory Worker Screening Units will also continue working closely together to improve content and practice elements of reciprocal information sharing processes.

The Australian Government is also taking steps, in consultation with states and territories, to pilot a process for national continuous monitoring of criminal charges and a move towards a nationally consistent worker screening model across the care and support economy.

Recommendation 10.33 Reviewing information sharing arrangements

As part of the National Disability Insurance Scheme worker screening review, the Australian Government and state and territory governments, should consider the adequacy of information sharing arrangements with regard to:

1. the ability of worker screening units to obtain relevant risk-related information from bodies outside of their operating jurisdiction to inform their assessments
2. the ability of the NDIS Quality and Safeguards Commission and worker screening units to obtain and share relevant risk-related information (such as misconduct and disciplinary investigation outcomes) held by other safeguarding and complaint handling bodies to inform worker screening decisions.

Victorian Government response to recommendation 10.33

We accept this recommendation in principle.

We support improved information sharing arrangements to enable a more comprehensive worker screening process.

Joint response to recommendation 10.33

Accept in principle

The Australian Government and state and territory governments are committed to protecting the safety of people with disability, including through strong workforce screening processes.

All governments will work together to consider options to clarify the role of the Australian Federal Police and other national bodies in monitoring new charges related to NDIS workers and sharing information with state and territory worker screening units.

The National Disability Insurance Scheme Act 2013 allows the NDIS Commission to disclose protected NDIS Commission information to worker screening units for the purposes of carrying out an NDIS worker screening check.

All governments are committed to working together to review the adequacy of information sharing arrangements. The NDIS Commission and state and territory worker screening units will also continue working closely together to improve content and practice elements of reciprocal information sharing processes.

The Australian Government is also taking steps, in consultation with states and territories, to pilot a process for national continuous monitoring of criminal charges and a move towards a nationally consistent worker screening model across the care and support economy.

Recommendation 11.1 Nationally consistent adult safeguarding functions

States and territories should each:

1. introduce legislation to establish nationally consistent adult safeguarding functions, including:
   • definitions of ‘adult with disability’, ‘violence’, ‘abuse’, ‘neglect’, and ‘exploitation’
   • at a minimum, the principles, functions and powers outlined in Table 11.1.1
   • data collection and public reporting, including demographic data (for example, relating to First Nations, culturally and linguistically diverse, and LGBTIQA+ people with disability)
   • a mechanism to review the legislation after a reasonable period to examine its efficacy.
2. ensure adult safeguarding functions are operated by adequately resourced independent statutory bodies
3. develop a National Adult Safeguarding Framework led by the appointed adult safeguarding bodies
4. consider whether to co-locate the adult safeguarding function with the ‘one-stop shop’ independent complaint reporting, referral and support mechanism (see Recommendation 11.3).

Victorian Government response to recommendation 11.1

We will consider this recommendation further.

We support an effective response to adult safeguarding.

However, the proposed functions go beyond the remit of the complaints functions suggested for the Social Services Regulator. These functions would include, for example, instances of elder abuse relating to family members in the home.

It is unclear whether a complaints body that has a focus on service providers would be well-equipped or resourced to take on this function.

Joint response to recommendation 11.1

Subject to further consideration

The Australian Government and state and territory governments support a strong, connected safeguarding system to reduce the risk of harm to people with disability and will work together through the Disability Reform Ministerial Council to consider reform options to develop a nationally consistent and a unified approach.

As a first step, the Commonwealth will work with states and territories to develop a framework that sets out the standards and culture of how the disability ecosystem will work to strengthen safeguarding for people with disability

Recommendation 11.2 An integrated national adult safeguarding framework

The Australian Government should incorporate the National Adult Safeguarding Framework proposed in Recommendation 11.1 into the Safety Targeted Action Plan within Australia’s Disability Strategy or another suitable authorising document.

Victorian Government response to recommendation 11.2

We will consider this recommendation further.

The development of a National Adult Safeguarding Framework is subject to recommendation 11.1.

If the framework is developed, it could be included in the Safety Targeted Action Plan. This plan highlights initiatives that promote, uphold and protect the rights of people with disability. These initiatives aim to make people with disability feel safe and enjoy equality before the law.

Joint response to recommendation 11.2

Subject to further consideration

The Australian Government and state and territory governments support a strong, connected safeguarding system to reduce the risk of harm to people with disability and will work together through the Disability Reform Ministerial Council to consider reform options to develop a nationally consistent and unified approach.

As a first step, the Commonwealth will work with states and territories to develop a framework that sets out the standards and culture of how the disability ecosystem will work to strengthen safeguarding for people with disability.

Recommendation 11.3 ‘One-stop shop’ complaint reporting, referral and support

States and territories should each establish or maintain an independent ‘one-stop shop’ complaint reporting, referral and support mechanism to receive reports of violence, abuse, neglect and exploitation of people with disability. This mechanism should perform the following functions:

1. receive complaints or reports from anyone concerned about violence, abuse, neglect and exploitation involving a person with disability in any setting
2. provide advice and information to people with disability, representative organisations and other interested parties about appropriate reporting options
3. with a person’s consent:
   • make warm referrals to appropriate complaints bodies
   • make warm referrals to advocacy and other services who can support them in the complaint process
4. refer ‘third party’ reports to police, including anonymous reports
5. collect, analyse and publicly report annual data on complaints and reports received and on referrals.

The mechanism should be co-designed with people with disability to ensure entry points are accessible to and effective for people with a range of abilities, language and communication needs.

The mechanism should be placed, if possible, within an existing independent organisation which has appropriate expertise and relationships with services to perform its functions.

Victorian Government response to recommendation 11.3

We accept this recommendation in principle.

We are committed to providing an efficient and effective social services regulatory system with an accessible complaints system.

Currently, complaints about disability services funded by the Victorian Government can be made to the Disability Services Commissioner. The Commissioner also plays a role in referring complaints outside its scope to the appropriate regulator.

The Victorian Disability Worker Commission can receive complaints about disability workers.

People with a disability may also make complaints to other bodies – for example, the Victorian Institute of Teaching can receive complaints about teachers.

We support a one-stop-shop for all complaints relating to people with a disability, including the option of referring complaints to other bodies.

However, we need to investigate whether this function duplicates or overlaps with other complaints bodies. We wish to avoid creating confusion for people who wish to make a complaint.

Recommendation 11.4 Creating accessible complaint pathways

The Australian Government should work with states and territories to establish a national 1800 number, website and other accessible reporting tools to direct people to the independent complaint and referral mechanism in their state or territory.

Victorian Government response to recommendation 11.4

We accept this recommendation in principle.

We support mechanisms to ensure that complaints are referred to the appropriate body.

Joint response to recommendation 11.4

Accept in principle

The Australian Government and state and territory governments are committed to working together to embed more accessible and integrated complaints reporting pathways.

All governments will work together through the Disability Reform Ministerial Council to consider a coordinated approach to this reform.

The Australian Government will continue to operate the existing National Disability Abuse and Neglect Hotline and will work with states and territories as they consider recommendation 11.3 and complementary approaches to ensuring people with disability can access help when they need it most.

Recommendation 11.5 Complaint handling and investigative practice guidelines

The Commonwealth Ombudsman should lead a co-design process with the NDIS Quality and Safeguards Commission, state and territory ombudsmen and other bodies with complaint handling and investigation expertise, to develop guidelines for organisations on implementing complaint handling systems that are accessible and responsive to people with disability. The guidelines should reflect the ten core components:

• creating a rights-focused complaints culture
• encouraging people with disability and others to speak up
• making adjustments to enable participation
• supporting the person with disability, their family and others in complaint processes
• respecting complexity, diversity and cultural difference
• providing clear information about how to complain and multiple pathways to complain
• working respectfully and effectively alongside police
• conducting safe and inclusive investigations that are trauma-informed
• providing tailored outcomes and redress
• using complaints data to drive continuous improvement in service provision and complaint handling.

Victorian Government response to recommendation 11.5

We accept this recommendation in principle.

We support initiatives to improve complaints handling within organisations.

The Victorian Social Services Standards, which came into force on 1 July 2024, include a feedback and complaints standard. Registered organisations must comply with this standard.

This means they must maintain systems that service users can use to give feedback and make a complaint.

Joint response to recommendation 11.5

Accept in principle

The Australian Government and state and territory governments support the development of guidelines for organisations on implementing complaint handling systems that are accessible and responsive to people with disability.

Governments are committed to supporting organisations to ensure complaints processes are accessible, culturally safe, user friendly and more streamlined to ensure instances of violence, abuse, neglect and exploitation are reported and responded to.

Governments will work together to consider appropriate approaches and timeframes to implementing this recommendation and the related recommendations 10.15 and 10.16.

Recommendation 11.6 Enshrining key provisions of OPCAT in legislation

The Australian Government should revisit the Australian Human Rights Commission’s recommendation and introduce legislation enshrining the key provisions of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) and facilitate the national coordination of Australia's OPCAT response.

Victorian Government response to recommendation 11.6

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 11.7 Resourcing and wider definition of places of detention

The Australian Government and state and territory governments should:

1. agree to provide resources to enable National Preventive Mechanism bodies in all jurisdictions to fulfil the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’s core functions, including the ‘preventive package’
2. enact legislation incorporating a broader definition of ‘places of detention’ to enable all places where people with disability may be deprived of their liberty to be monitored by National Preventive Mechanism bodies.

Victorian Government response to recommendation 11.7

We will consider this recommendation further.

We are seeking a commitment from the Commonwealth to fund a National Preventive Mechanism in Victoria. Implementing this recommendation will depend on the outcome of funding negotiations with the Commonwealth.

We note that any proposal to expand the definition of ‘places of detention’ requires extensive scoping and policy analysis. This is due to the potential impact on a broad range of settings including aged care, health and education.

We consider this work should be led and coordinated by the Commonwealth, as the signatory to the Optional Protocol to the Convention again Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This should be done in consultation with states and territories.

We also note that we will need to determine additional funding requirements, which are likely to be significant.

Joint response to recommendation 11.7

Commonwealth, ACT, NT, Tas: Accept in principle

NSW, Qld, SA, Vic, WA: Subject to further consideration

The following response is provided by the Commonwealth, ACT, NT, SA, Tas and WA

The Australian Government and state and territory governments recognise the importance of ensuring National Preventive Mechanisms in all jurisdictions are enabled to fulfil their core functions with respect to all places of detention, and will continue to work to resolve funding arrangements.

National Preventive Mechanisms have been nominated in the Commonwealth, the Australian Capital Territory, Northern Territory, South Australia, Tasmania and Western Australia. Legislation in the Commonwealth, Tasmania and the Northern Territory already enable National Preventive Mechanisms access to places of detention covered by the Optional Protocol to the Convention again Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), noting Northern Territory legislation has not yet commenced, and with legislation introduced in the ACT on 16 May 2024.

The following response is provided by NSW, Qld and Vic

All governments continue to cooperatively and progressively work towards implementation of OPCAT, subject to the resolution of sufficient and ongoing funding from the Commonwealth and the resolution of implementation issues, including the Commonwealth leading work in consultation with States and Territories to reach agreement on the definition and scope of places of detention.

Recommendation 11.8 Legislating National Preventive Mechanisms

All state and territory governments should introduce legislation to establish the functions of their National Preventive Mechanism bodies and facilitate inspections by the United Nations Subcommittee on the Prevention of Torture.

Victorian Government response to recommendation 11.8

We will consider this recommendation further.

We are seeking a commitment from the Commonwealth to provide sufficient and ongoing funding to establish a National Preventive Mechanism in Victoria. Implementing this recommendation will depend on the outcome of funding negotiations with the Commonwealth.

Victoria enacted the Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022 to facilitate inspections by the United Nations Subcommittee on the Prevention of Torture.

Recommendation 11.9 Designating National Preventive Mechanism bodies

The governments of New South Wales, Victoria and Queensland should designate National Preventive Mechanism bodies in their jurisdictions.

Victorian Government response to recommendation 11.9

We will consider this recommendation further.

We are seeking a commitment from the Commonwealth to provide sufficient and ongoing funding to establish a National Preventive Mechanism in Victoria. Implementing this recommendation will depend on the outcome of funding negotiations with the Commonwealth.

It will also depend on the resolution of implementation issues. These include the Commonwealth leading work in consultation with states and territories to agree to the definition and scope of places of detention.

Recommendation 11.10 Improved consistency and coordination

The Commonwealth Ombudsman should:

1. ensure the OPCAT Advisory Group includes people with disability
2. lead work with the National Preventive Mechanism Network to:
   • develop a consistent methodology for determining National Preventive Mechanism inspection priorities
   • implement a coordinated approach to prioritising inspections of places of detention that pose a high risk to people with disability, focusing on particular practices affecting people with disability across detention settings
   • develop and adopt common disability inspection standards for use in all jurisdictions
   • commit to nationally consistent collection and reporting of data about monitoring places of detention.

Victorian Government response to recommendation 11.10

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 11.11 Disability inclusive approach to implementing OPCAT

National Preventive Mechanism (NPM) bodies in all Australian jurisdictions should implement their functions in a disability-inclusive way by:

• enabling people with disability in places of detention to share information and experiences with the NPM using a variety of communication forms
• ensuring staff participate in ongoing education and training about the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, human rights and issues affecting people with disability in places of detention
• ensuring staff conducting NPM inspections have the skills and experience to provide reasonable adjustments, communication supports and supported decision-making to people with disability when required
• involving people with disability in the inspection of places of detention
• collecting and publishing data about people with disability in places of detention, aligned with disability inspection standards.

Victorian Government response to recommendation 11.11

We will consider this recommendation further.

We are seeking a commitment from the Commonwealth to provide sufficient and ongoing funding to establish a National Preventive Mechanism in Victoria. Implementing this recommendation will depend on the outcome of funding negotiations with the Commonwealth.

We support the principles of Optional Protocol to the Convention again Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We will ensure all people deprived of liberty, including people with disability, are protected against torture and other cruel inhumane, or degrading treatment or punishment.

Once the Commonwealth funds the National Preventive Mechanism for Victoria, we will ensure it implements its functions in a disability-inclusive way. This includes by providing appropriate training for staff. It also includes involving and engaging people with disability in the National Preventive Mechanism’s role and functions.

Joint response to recommendation 11.11

Commonwealth, ACT, NT, Tas: Accept in principle

NSW, QLD, SA, Vic, WA: Subject to further consideration

The following response is provided by the Commonwealth, ACT, NT, SA, Tas and WA

The Australian Government and state and territory governments will continue to work together collaboratively to ensure National Preventive Mechanisms are appropriately supported and funded to implement their functions in a disability-inclusive way.

National Preventive Mechanisms have been nominated in the Commonwealth, the Australian Capital Territory, Northern Territory, South Australia, Tasmania and Western Australia. The Tasmanian National Preventive Mechanisms 2024 the Optional Protocol to the Convention again Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) symposium, open to all people including nominated National Preventive Mechanisms, comprehensively considered a disability inclusive approach to implementing OPCAT.

The following response is provided by NSW, Qld and Vic

All governments continue to cooperatively and progressively work towards implementation of OPCAT, subject to the resolution of sufficient and ongoing funding from the Commonwealth and the resolution of implementation issues, including the Commonwealth leading work in consultation with states and territories to reach agreement on the definition and scope of places of detention.

Recommendation 11.12 Nationally consistent community visitor schemes

States and territories should:

1. urgently implement community visitor schemes (CVS) for people with disability,
   if they have not done so already
2. ensure CVS are resourced to conduct frequent visits to individuals who may be at elevated risk of abuse or harm
3. agree to make CVS nationally consistent regarding people with disability, including in relation to:
   • the scope of schemes (who community visitors should visit)
   • powers to visit people with disability, inspect records and provide information to other relevant bodies
   • common monitoring standards
   • the type of data that CVS should capture and report on
4. as a priority, define the scope of CVS with reference to:
   • ‘visitable services’
   • mechanisms for identifying factors that may place a person with disability at increased risk of violence, abuse, neglect or exploitation
5. ensure CVS legislation enables relevant information to be shared between CVS, the NDIS Quality and Safeguards Commission and the National Disability Insurance Agency.

Victorian Government response to recommendation 11.12

We accept this recommendation in principle.

We continue to support Victoria’s volunteer-led Community Visitors program. This program plays an important role to keep people with disability safe.

Recent changes to Victorian legislation will expand the scope of accommodation types the Community Visitors program can visit.

We support nationally consistent Community Visitors principles and practices, so long as there is no reduction to the level of protection currently provided by our existing Community Visitors program.

We support improved collaboration and information sharing between the NDIS Commission, National Disability Insurance Agency, and other regulators. This includes any legislative change to improve information sharing arrangements. These changes would allow Community Visitors to perform their safeguarding function and remove barriers that may expose people with disability to potential risks of harm.

We support work to identify factors that may place a person with disability at increased risk of violence, abuse, neglect or exploitation. However, we support the NDIS Commission using its current powers to carry out its functions, including outreach and site visits, rather than giving the role to Community Visitors schemes as well.

Joint response to recommendation 11.12

Accept in principle

The Australian Government and state and territory governments recognise the important role that community visitors schemes (CVS) can have in promoting and protecting the rights and wellbeing of people with disability.

Having a nationally consistent approach will provide the foundations for the expected level of care, oversight and monitoring the community can receive from disability community visitors.

All governments support the intent of a nationally consistent approach to CVS and will work together to consider the best approach to ensuring people with disability have access to CVS as a safeguarding mechanism.

Recommendation 11.13 Integration of community visitor schemes with the NDIS

1. The Commonwealth should amend the National Disability Insurance Scheme Act 2013 (Cth) to formally recognise community visitor schemes (CVS) as a safeguard for people with disability and provide the authorising environment for information sharing between the NDIS Quality and Safeguards Commission (NDIS Commission) and CVS.
2. The Australian Government should:
   • enter into a national agreement with states and territories that commits CVS and the NDIS Commission to:
     • sharing relevant information to effectively exercise their respective functions
     • developing common standards for guiding the work of CVS relating to people with disability
   • update the NDIS Quality and Safeguarding Framework to formally recognise the important safeguarding role played by CVS.

Victorian Government response to recommendation 11.13

We accept this recommendation in principle.

We support in principle the proposed amendment to the NDIS Act 2013. The amendment formally recognises community visitors schemes as a safeguard for people with disability.

This will boost the interface between the NDIS Quality and Safeguards Commission and Victoria’s Community Visitors program. It will remove barriers to information sharing and transparency.

Similarly, we will look for ways to improve collaboration and information sharing between the NDIS Commission and other regulatory bodies. This will reduce the risks that people with disability will be exposed to potential harm.

The community visitors scheme should also be formally recognised in the Quality and Safeguarding Framework. This will provide regulatory integration and an effective and strengthened interface with the NDIS Commission. This supports national consistency of key principles, practices and standards in safeguarding.

Joint response to recommendation 11.13

Accept in principle

The Australian Government and state and territory governments recognise the important role that community visitors scheme can have in promoting and protecting the rights and wellbeing of people with disability.

Having a nationally consistent approach will provide the foundations for the expected level of care, oversight and monitoring the community can receive from disability community visitors.

All governments support the intent of a nationally consistent approach to community visitor schemes and will work together to consider the best approach to ensuring people with disability have access to community visitors schemes as a safeguarding mechanism.

Recommendation 11.14 Establishing disability death review schemes

States and territories should establish and appropriately resource disability death review schemes. These schemes should include:

1. functions to:
   • receive, assess and record ‘reviewable deaths’ of people with disability, as defined in recommendation 11.15
   • monitor and review reviewable deaths
   • formulate recommendations about policies and practices to prevent or reduce reviewable deaths
   • maintain a register of reviewable deaths
   • formulate strategies to reduce or remove potentially avoidable risk factors for reviewable deaths
   • establish and support the work of an expert advisory committee
2. powers to:
   • scrutinise systems for reporting reviewable deaths
   • undertake detailed reviews of information relating to reviewable deaths
   • conduct own motion investigations into individual or groups of deaths
   • analyse data on the causes of reviewable deaths to identify patterns and trends
   • consult with, and obtain information from, any person or body with relevant information or appropriate expertise
   • invite and consider information from the deceased person’s family or guardian or advocate when reviewing and/or investigating a death
   • notify the NDIS Quality and Safeguards Commission of matters relevant to the exercise of its functions
   • refer identified concerns about conduct or service provision to relevant regulatory bodies for their consideration and appropriate action
   • publish reports periodically on systemic findings and recommendations arising from all reviewable deaths
   • make a special report to the relevant state or territory parliament about any matter that the scheme operator considers to be in the public interest.

Victorian Government response to recommendation 11.14

We accept this recommendation in principle.

We will work with other states and territories to develop an appropriate scheme that will fulfil recommendations 11.14, 11.15 and 11.16.

We will also work with the Commonwealth, states and territories to achieve a nationally consistent approach in the review and development of the legislation needed to meet this recommendation.

Recommendation 11.15 Disability death review scheme requirements

States and territories should ensure legislation establishing disability death review schemes:

1. defines ‘reviewable deaths’ to include:
   • deaths subject to mandatory notification
   • deaths that a person or body with legitimate interest requests a scheme to review
2. requires deaths that are subject to a mandatory notification requirement include the death of a person with disability:
   • living in supported accommodation at the time of their death
   • residing in a licensed boarding house (or equivalent) at the time of their death
   • residing in custody or in an acute health facility at the time of their death (after the disability death review scheme has operated for a period).

Victorian Government response to recommendation 11.15

We accept this recommendation in principle. It is an integral requirement to recommendation 11.14.

We will work with the Commonwealth, states and territories to develop an appropriate scheme that would fulfil recommendations 11.14, 11.15 and 11.16.

We will also work with the Commonwealth, states and territories to achieve a nationally consistent approach in the review and development of the legislation needed to meet this recommendation.

Recommendation 11.16 National agreement on disability death reviews

The Australian Government and state and territory governments should enter into a national agreement that:

1. reflects the functions, powers and definitions outlined in recommendations 11.14 and 11.15
2. defines the respective roles of state and territory death review schemes and the NDIS Quality and Safeguards Commission (NDIS Commission) in relation to the deaths of people with disability
3. articulates the relationship between the functions of the disability death review schemes and the NDIS Commission and ensures the appropriate operational processes are in place to facilitate this
4. provides for information sharing between the death review schemes and the NDIS Commission
5. commits to nationally consistent disability death data collection and reporting requirements, and the inclusion of disability death data within the proposed National Disability Data Asset.

Victorian Government response to recommendation 11.16

We will consider this recommendation further.

We support a national agreement on disability death reviews. This agreement would reflect the functions, powers and definitions in related recommendations 11.14 and 11.15. It would include a nationally consistent approach.

We will work with the Commonwealth, states and territories to develop an appropriate scheme that will fulfil recommendations 11.14, 11.15 and 11.16.

Joint response to recommendation 11.16

Subject to further consideration

The Australian Government and state and territory governments recognise the importance of systemic reviews of the deaths of people with disability in understanding and addressing factors that contribute to the disproportionate rates of deaths and potentially avoidable deaths of people with disability.

All governments will work together to further consider the appropriateness of a national agreement on disability death reviews alongside state and territory consideration and development of disability death review schemes consistent with recommendations 11.14 and 11.15 of the Disability Royal Commission.

Recommendation 11.17 Nationally consistent reportable conduct schemes

States and territories should:

1. establish reportable conduct schemes, where not already in place, in accordance with Recommendation 7.9 of the Royal Commission into Institutional Responses to Child Sexual Abuse and make public their intended timeframe for doing so
2. take action to harmonise their reportable conduct schemes
3. introduce or amend existing legislation to:
   • ensure disability service providers that deliver supports or services to children with disability, including NDIS providers, are included in their reportable conduct scheme
   • include ‘ill-treatment’ in the definition of reportable conduct
   • enable reportable conduct scheme operators to adopt a common definition of disability
   • require reportable conduct scheme operators to collect and publicly report consistent data about reportable conduct notifications and outcomes relating to children with disability.

Victorian Government response to recommendation 11.17

We accept this recommendation in part.

1. Victoria has a reportable conduct scheme that is largely based on the New South Wales scheme.
2. We are investigating approaches to ensure that the Reportable Conduct Scheme across jurisdictions operate seamlessly. For example, the 5-year review of the Victorian Reportable Conduct Scheme looked into opportunities for the Victorian Government to increase interstate information sharing to ensure the schemes in different states operate and interact with each other seamlessly.
3. Disability service providers within the meaning of the Disability Act 2006 (Vic) that provides residential services for children with a disability must comply with the scheme. This also includes other applicable entities that provide disability services.

We do not support parts of the recommendation. This includes including ‘ill-treatment’ in the definition of reportable conduct. It also includes enabling reportable conduct scheme operators to adopt a common definition of disability.

In addition, we need to consult with the Commission for Children and Young People. We need to make sure they can collect and publicly report consistent data about reportable conduct notifications and outcomes relating to children with disability.

The Victorian review of the Reportable Conduct Scheme found that people are confused about the definitions of reportable conduct under the Act.

Including ill-treatment as an additional definition could add to this confusion.

Current definitions of physical violence and significant emotional harm are likely to cover the definition of ‘ill-treatment’.

Recommendation 11.18 Dual oversight of reportable conduct and incidents

State and territory reportable conduct scheme operators and the NDIS Quality and Safeguards Commission should:

1. jointly develop guiding principles to support the efficient and effective handling of reportable incidents that are also allegations of reportable conduct
2. develop broadly consistent guidance material to assist organisations to better understand key issues relevant to notifying, managing and investigating allegations of reportable conduct and incidents involving children with disability.

Victorian Government response to recommendation 11.18

We accept this recommendation in principle.

We support reducing confusion and overlaps for organisations that need to comply with multiple regulatory schemes.

The Commission for Children and Young People has guidance materials and principles for the Reportable Conduct Scheme. These support organisations to understand issues relating to notifying, managing and investigating allegations of reportable conduct and incidents involving children with disability.

We need to consult with the Commission to identify potential issues with relevant documentation. This includes how existing materials align with the NDIS Quality and Safeguards Commission.

Joint response to recommendation 11.18

Accept in principle

The Australian Government and state and territory governments agree on the fundamental importance of robust oversight of reportable conduct schemes that provide clear reporting pathways to help prevent and respond to allegations of abuse against all children, including children with disability.

All governments will work together with the NDIS Commission to develop consistent processes that support the efficient and effective handling of reportable incidents.

Recommendation 12.1 Government responses to the Final report

The Australian Government and state and territory governments should each publish a written response to the Royal Commission’s Final report by 31 March 2024. Their responses should indicate whether the recommendations are accepted, rejected or subject to further consideration. They should include a plan for how the accepted recommendations will be implemented, the reasons for rejecting any recommendations, and a timeframe for any further consideration required.

The Australian Government and state and territory governments should table their responses in their respective parliaments and legislative assemblies.

Victorian Government response to recommendation 12.1

We accept this recommendation in principle.

We responded to this recommendation via a joint statement between the Commonwealth and states and territory governments on 5 March 2024.

A joint response has been published, along with this response. It fulfills the commitment made in the joint statement.

Joint response to recommendation 12.1

Accept in principle

The Australian Government and state and territory governments support the transparent publication of responses to Disability Royal Commission recommendations.

On 5 March 2024, the Australian Government and state and territory governments, except Tasmania due to being in caretaker, released a joint statement committing to responding to joint Disability Royal Commission recommendations by mid-2024. A joint response has been released, fulfilling this commitment.

Recommendation 12.2 Implementation of the final report recommendations

The Disability Reform Ministerial Council should oversee the implementation of the Royal Commission’s recommendations across the Australian Government and state and territory governments.

The Australian Government and each state and territory government should report to the Disability Reform Ministerial Council every six months. Their reports should detail the implementation status of each recommendation and raise any issues and risks.

In its 2024 report to National Cabinet, the Disability Reform Ministerial Council should identify the implementation of the Royal Commission’s recommendations as one of its priorities and include it in its workplan.

Victorian Government response to recommendation 12.2

We accept this recommendation in principle.

We note that the Disability Reform Ministerial Council does not have decision-making authority for all 222 recommendations. Some recommendations fall within the responsibility of other ministerial councils.

We support in principle that the Disability Reform Ministerial Council should have implementation of Disability Royal Commission recommendations as a priority on its workplan.

We have agreed to provide transparent updates on the progress of implementing the recommendations through the Disability Reform Ministerial Council.

Joint response to recommendation 12.2

Accept in principle

The Australian Government and state and territory governments support the Disability Reform Ministerial Council (DRMC) having responsibility for monitoring and overseeing the implementation of Disability Royal Commission recommendations.

Disability Ministers have identified the development of responses to the Disability Royal Commission as a priority focus and have agreed to include consideration of reform in response to the Disability Royal Commission as a standing agenda item for all DRMC meetings in 2024.

The issues raised in the Disability Royal Commission’s final report, and change required, traverse the responsibilities of several portfolios and Ministerial Councils, and require a significant and sustained national effort from all governments and all parts of our community.

DRMC will report annually to National Cabinet on the implementation of Disability Royal Commission recommendations, with input from other Ministerial Councils on progress made on recommendations within their responsibility.

Disability Ministers have also agreed to a reporting and monitoring framework to support ongoing and transparent updates on progress of implementation of recommendations.

Recommendation 12.3 Progress reporting on implementation of recommendations

Commencing in 2025, the National Disability Commission should table an annual report in the Australian Parliament reporting on the progress of the Australian Government and state and territory governments in implementing the recommendations of the Royal Commission.

The report should compare progress across jurisdictions.

(For details of the National Disability Commission, see Volume 5, Governing for inclusion, Recommendation 5.5.)

Victorian Government response to recommendation 12.3

We accept this recommendation in principle.

We support in principle the tabling of an annual report on implementation progress. We note this must consider the unique demographic and geographical context of states and territories.

Joint response to recommendation 12.3

Accept in principle

The Australian Government and state and territory governments will consider appropriate independent reporting arrangements on implementation of Disability Royal Commission recommendations. Disability Ministers will consider possible arrangements and mechanisms for agreement and publication in 2024.

Recommendation 12.4 Evaluation of effectiveness in improving outcomes

The National Disability Commission should lead independent evaluations of the implementation of the Royal Commission’s recommendations and their effectiveness in improving outcomes for people with disability. The evaluations should examine barriers to and drivers of effective implementation and suggest measures for improvement.

The evaluations should be conducted five and 10 years after the delivery of the Final report, with reports tabled in the Australian Parliament.

Victorian Government response to recommendation 12.4

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 12.5 A nationally consistent approach to data collection

The Australian Government and state and territory governments, through the Disability Reform Ministerial Council, should address the lack of consistent disability data by developing a nationally consistent approach to collecting disability information.

By December 2024, the Australian Government and state and territory governments should agree to a core set of questions to identify disability status to be used across all mainstream services and population surveys. This should be led by the Australian Bureau of Statistics and the Australian Institute for Health and Welfare. The questions should be co-designed with people with disability and their representative organisations, and with First Nations subject matter experts.

Victorian Government response to recommendation 12.5

We accept this recommendation in principle.

We support a nationally consistent approach to data collection. We support this recommendation in principle. We note its relevance for all mainstream service systems that require a comprehensive approach to consultation.

We also note the importance of the co-design element of this recommendation. This includes working with people with disability and their representative organisations. It also includes working with First Nations people.

Joint response to recommendation 12.5

Accept in principle

Australian Government and state and territory governments acknowledge the importance of data collection and publication and their role in safeguarding against violence, abuse, neglect and exploitation and informing an evidence-based approach to ongoing reform to support better outcomes for people with disability.

In January 2024, Disability Ministers agreed Commonwealth, state and territory officials focus and accelerate work to resolve data gaps in relation to the reporting requirements under Australia’s Disability Strategy 2021–2031 Outcomes Framework by the end of 2024. All governments are also working together to develop an action plan, with agreed timeframes, to drive data collection (including gender disaggregated data) and reporting on data-related Disability Royal Commission recommendations. The action plan is expected to be published in 2024.

All governments have also committed to deliver the enduring National Disability Data Asset and contribute to ongoing costs through the National Disability Data Asset Memorandum of Understanding, signed by Disability Ministers in mid-2023. Ongoing work to deliver the National Disability Data Asset will also support implementation of these recommendations over time.

Recommendation 12.6 Disability flags in data collection for mainstream services

The Australian Government and state and territory governments, through the Disability Reform Ministerial Council, should address the lack of available disability data by implementing disability flags in data collections for key mainstream services.

By June 2025, the Australian Government and state and territory governments should publish an implementation plan outlining how the core set of questions will be integrated into data collections of priority mainstream services. This should be led by the Australian Bureau of Statistics and the Australian Institute for Health and Welfare.

Victorian Government response to recommendation 12.6

We accept this recommendation in principle.

We note this recommendation depends on recommendation 12.5.

Joint response to recommendation 12.6

Accept in principle

Australian Government and state and territory governments acknowledge the importance of data collection and publication and their role in safeguarding against violence, abuse, neglect and exploitation and informing an evidence-based approach to ongoing reform to support better outcomes for people with disability.

In January 2024, Disability Ministers agreed Commonwealth, state and territory officials focus and accelerate work to resolve data gaps in relation to the reporting requirements under Australia’s Disability Strategy 2021–2031 Outcomes Framework by the end of 2024. All governments are also working together to develop an action plan, with agreed timeframes, to drive data collection (including gender disaggregated data) and reporting on data-related Disability Royal Commission recommendations. The action plan is expected to be published in 2024.

All governments have also committed to deliver the enduring National Disability Data Asset and contribute to ongoing costs through the National Disability Data Asset Memorandum of Understanding, signed by Disability Ministers in mid-2023. Ongoing work to deliver the National Disability Data Asset will also support implementation of these recommendations over time.

Recommendation 12.7 Improving disability data collection

The Australian Government and state and territory governments should support a strategy, led by the Australian Bureau of Statistics and the Australian Institute of Health and Welfare, to extend disability data collection:

1. to include people with disability in closed and segregated settings and those with communication support needs
2. to improve data on types of impairment
3. to improve data for intersectional analysis by enhancing data on women with disability; children and young people with disability; and First Nations, culturally and linguistically diverse, and LGBTIQA+ people with disability.

This strategy should form part of the Australia’s Disability Strategy 2021–2031 Data Improvement Plan.

Victorian Government response to recommendation 12.7

We accept this recommendation in principle.

We note it presents an opportunity to integrate recommendations on data collection into a single strategy under the Australia’s Disability Strategy Data Improvement Plan.

Joint response to recommendation 12.7

Accept in principle

Australian Government and state and territory governments acknowledge the importance of data collection and publication and its role in safeguarding against violence, abuse, neglect and exploitation and informing an evidence-based approach to ongoing reform to support better outcomes for people with disability.

In January 2024, Disability Ministers agreed Commonwealth, state and territory officials focus and accelerate work to resolve data gaps in relation to the reporting requirements under Australia’s Disability Strategy 2021–2031 Outcomes Framework by the end of 2024. All governments are also working together to develop an action plan, with agreed timeframes, to drive data collection (including gender disaggregated data) and reporting on data-related Disability Royal Commission recommendations. The action plan is expected to be published in 2024.

All governments have also committed to deliver the enduring National Disability Data Asset and contribute to ongoing costs through the National Disability Data Asset Memorandum of Understanding, signed by Disability Ministers in mid-2023. Ongoing work to deliver the National Disability Data Asset will also support implementation of these recommendations over time.

Recommendation 12.8 Long-term support for the National Disability Data Asset

The Australian Government and state and territory governments, through the Disability Reform Ministerial Council, should commit to long-term support to the National Disability Data Asset (NDDA).

All governments should:

1. by June 2024, commit to continuing funding to establish the NDDA as a national resource for longitudinal analysis of linked data across service systems
2. commit to publishing an annual statistical summary of the analyses of the NDDA’s linked data. This should focus on data insights not available from other sources and provide transparency on projects underway. All reported data should be disaggregated as far as possible to enable intersectional analysis
3. by December 2024, commence specific data projects using the NDDA that:
   • identify the factors that put people with disability at greatest risk of violence, abuse, neglect or exploitation
   • demonstrate the outcomes and experiences of people with disability transitioning between systems, including:
     • education and employment, child protection and justice systems, and housing and health
     • the National Disability Insurance Scheme and mainstream services
   • evaluate the accuracy of disability status collection in various service settings.

Victorian Government response to recommendation 12.8

We accept this recommendation in principle.

We were among the first partners to sign up to the pilot of the National Disability Data Asset (NDDA). We have been working with project partners since 2019. This includes delivering the pilot and design blueprint, and later establishing the enduring NDDA.

We have signed the Multilateral Data Sharing Agreement, the NDDA Memorandum of Understanding and its bilateral schedule. This demonstrates our commitment to the establishment and long-term use of the NDDA.

These agreements also specify the first national priorities for the NDDA’s work plan, once established. We support further discussions through the NDDA governance forums and Disability Reform Ministerial Council on the NDDA’s future funding, timelines and research program.

Joint response to recommendation 12.8

Accept in principle

The Australian Government and state and territory governments have committed to deliver the enduring National Disability Data Asset and contribute to ongoing costs through the National Disability Data Asset Memorandum of Understanding, signed by Disability Ministers in mid-2023.

The National Disability Data Asset will be in operation in 2024–25. All governments are working together to determine costs and funding arrangements beyond 2025.

ABCB: Australian Building Codes Board

ADE: Australian Disability Enterprise

ADS: Australia’s Disability Strategy 2021–2031

AGAC: Australian Guardianship and Administration Council

AITSL: Australian Institute for Teaching and School Leadership

APST: Australian Professional Standards for Teachers

APTOS: Applied Principles and Tables of Support

ASQ-TRAK: Ages and Stages Questionnaire – Talking about Raising Aboriginal Kids

CPD: Continuing professional development

CRPD: Convention on the Rights of Persons with Disabilities

CRPD Committee: Committee on the Rights of Persons with Disabilities

Cth: Commonwealth

DSP: Disability Support Pension

DSSP: Disability Sector Strengthening Plan

LGBTIQA+: Lesbian, Gay, Bisexual, Transgender, Intersex, Queer/Questioning, Asexual

NAATI: National Accreditation Authority for Translators and Interpreters

National Plan: National Plan to End Violence Against Women and Children 2022–2032

National Principles: National Statement of Principles Relating to Persons Unfit to Plead or Found Not Guilty by Reason of Cognitive or Mental Health Impairment

National Roadmap: National Roadmap for Improving the Health of People with Intellectual Disability

NCCD: Nationally Consistent Collection of Data on School Students with Disability

NDAF: National Disability Advocacy Framework

NDDA: National Disability Data Asset

NDIA: National Disability Insurance Agency

NDIS: National Disability Insurance Scheme

NDIS Act: National Disability Insurance Scheme Act 2013 (Cth)

NDIS Commission: NDIS Quality and Safeguards Commission

NPM: National Preventive Mechanism

OPCAT: Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

SDA: Specialist Disability Accommodation

SIL: Supported Independent Living

SRS: Supported Residential Services

UN: United Nations