Volume 5, Governing for inclusion

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.