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Volume 11, Independent oversight and complaint mechanisms

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

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).
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingSubject to further consideration

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.

Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingSubject to further consideration

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.

Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
States and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in principle

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.

Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in principle

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in principle

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.

Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
CommonwealthDoes not applyDoes not applyNote

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesAttorney-GeneralDepartment of Justice and Community SafetySubject to further consideration

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.

Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
States and territoriesAttorney-GeneralDepartment of Justice and Community SafetySubject to further consideration

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.

Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
States and territoriesAttorney-GeneralDepartment of Justice and Community SafetySubject to further consideration

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
CommonwealthDoes not applyDoes not applyNote

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesAttorney-GeneralDepartment of Justice and Community SafetySubject to further consideration

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in principle

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in principle

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
States and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in principle

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).
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
States and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in principle

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingSubject to further consideration

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
States and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in part

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.
Responsible jurisdiction/sLead Victorian ministerLead Victorian Government departmentVictorian Government position
Commonwealth, states and territoriesMinister for DisabilityDepartment of Families, Fairness and HousingAccept in principle

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.

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