Volume 7, Inclusive education, employment and housing

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.