Volume 9, First Nations people with disability

Recommendation 9.1 Culturally appropriate parenting capacity assessments

State and territory governments should work with First Nations child protection services, peak bodies and First Nations people with disability to co-design clear principles and guidelines for parenting capacity assessments for First Nations parents with disability in their jurisdiction, to ensure assessments are culturally appropriate. The principles and guidelines should include:

• best practice standards of cultural competence for practitioners conducting parenting capacity assessments of First Nations parents with disability
• guidance to assist practitioners conducting parenting capacity assessments of First Nations parents with disability to identify and address assessment test errors that may result from an insufficient understanding of how cultural factors affect assessments of parenting capacity
• a requirement that practitioners conducting parenting capacity assessments of First Nations parents with disability complete mandatory training to implement best practice standards of cultural competence, using testing tools that are culturally appropriate and disability appropriate
• establishing a review process to ensure the design and implementation of these standards is consistent across states and territories.

Victorian Government response to recommendation 9.1

We accept this recommendation in principle.

We are working to improve culturally appropriate service responses for Aboriginal children and their families. We are focusing in particular on the child protection and care systems.

We will undertake a scoping exercise. We need to map the recommendation to the Victorian child protection and service system. We also need to consider current reforms to improve responses to Aboriginal children in child protection and care. This will help determine the implementation approach.

The Yoorrook Justice Commission’s Yoorrook for Justice report was released on 4 September 2023. The report makes several important recommendations to address systemic injustice and improve outcomes for First Peoples children in the child protection system.

We have accepted 28 of these recommendations, either in principle or in full. We will consider 15 more.

We will align our implementation of recommendation 9.1 with this work.

Recommendation 9.2 Ages and Stages Questionnaire-Talking about Raising Aboriginal Kids (ASQ-TRAK)

State and territory governments should ensure all First Nations children up to five years of age coming into out-of-home care are screened using the culturally adapted developmental screening Ages and Stages Questionnaire-Talking about Raising Aboriginal Kids (ASQ-TRAK) tool. Children who are vulnerable in two or more of the five domains of communication, gross motor, fine motor, problem solving, and personal-social should be supported by an application for an Early Childhood Early Intervention plan.

Victorian Government response to recommendation 9.2

We accept this recommendation in principle.

Our Maternal and Child Health services currently use the Parents' Evaluation of Developmental Status (PEDS) and BRIGANCE tools for developmental screening of children from birth to school age.

Some Aboriginal Maternal and Child Health providers already use the ASQ-TRAK. However, Maternal and Child Health services delivered through local government and health services do not.

Victorian Aboriginal Community-Controlled Organisations have welcomed the availability of a culturally appropriate and safe developmental screening tool. Some have expressed interest in using the ASQ-TRAK.

The Department of Health will:

• continue to work with and support any Victorian Aboriginal Community-Controlled Organisations who want to use the ASQ-TRAK within the Aboriginal Maternal and Child Health program (depending on availability of funding)
• consider the benefit of using the ASQ-TRAK tool as part of the Maternal and Child Health program, recognising that PEDS and BRIGANCE are the existing Victorian tools.

Recommendation 9.3 Cultural safety of First Nations people in criminal justice settings

By the end of 2024, state and territory governments should review the effectiveness of their strategies, if any, directed to providing and ensuring the cultural safety of First Nations people with disability in criminal justice settings and in doing so take into consideration what the Royal Commission has heard about that issue.

The review findings and recommendations should be made public.

Victorian Government response to recommendation 9.3

We accept this recommendation in principle.

We will need to consider how we fund the scoping, planning and implementation work this recommendation requires.

Recommendation 9.4 Expand community connector programs

The National Disability Insurance Agency should increase the number and coverage of the community connector programs for First Nations people with disability in remote areas. The implementation of the programs should be community-led and delivered. This expansion must be accompanied by adequate long-term funding for the programs and organisations delivering the programs, with sufficient training for staff delivering the programs.

In regions where English is not the preferred language for First Nations people, the programs should focus on recruiting staff who speak local languages.

Victorian Government response to recommendation 9.4

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.5 Block funding the community-controlled sector

The National Disability Insurance Agency (NDIA) should provide block funding for First Nations Community Controlled Organisations to flexibly deliver supports and services to First Nations people with disability. This could include funding for:

• respite or accommodation in connection with their plan or disability services
• cultural supports to maintain or improve health and wellbeing
• essential supports such as food, bedding and clothing
• supports that enable access to therapy, such as transport and fuel
• translation or other services to build understanding around disability and the National Disability Insurance Scheme
• other matters as agreed by the NDIA and First Nations Community Controlled Organisations.

Victorian Government response to recommendation 9.5

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.6 National Disability Insurance Agency Board

Section 127 of the National Disability Insurance Scheme Act 2013 (Cth) should be amended to provide that the National Disability Insurance Agency Board must include at least one First Nations person at all times.

Victorian Government response to recommendation 9.6

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.7 Participation in cultural life

Sections 3, 4 and 17A of the National Disability Insurance Scheme Act 2013 (Cth) should be amended to refer to participation in cultural life, in addition to participation in social and economic life.

Victorian Government response to recommendation 9.7

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.8 Return to Country

In consultation with the First Nations Advisory Council, the National Disability Insurance Agency (NDIA) should:

• create a new line item in the Pricing Arrangements recognising cultural supports and return to Country trips
• develop guidelines for NDIA staff on including cultural supports and return to Country trips as reasonable and necessary supports in plans
• educate First Nations participants about the availability of cultural supports and return to Country trips included in their plans.

Victorian Government response to recommendation 9.8

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.9 Criteria for funding family supports

The National Disability Insurance Agency (NDIA), the First Nations Advisory Council and First Nations Community Controlled Organisations should co-design policy guidelines on funding for First Nations family members to provide supports to participants in remote communities. Any policy guidelines should consider:

• the risk of financial exploitation, the need for a regulatory framework and oversight, and whether a similar approach would apply to non-First Nations carers in remote communities in similar situations
• the availability of suitable services, including culturally safe services
• training for NDIA staff on how to apply the policy guidelines, including how staff can support family to apply to be paid for the care provided
• building awareness of the circumstances in which participants and their families can apply to be paid
• how to build the capacity of family and community members to become part of the local workforce, such as trained support or community workers, which may include connecting family members with a First Nations Community Controlled Organisation.

Victorian Government response to recommendation 9.9

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.10 First Nations Disability Forum

The Australian Government and state and territory governments should support the establishment of a First Nations Disability Forum to lead further development and implementation of the Disability Sector Strengthening Plan (DSSP) by the end of March 2024. The Forum should consist of representatives of:

• First Peoples Disability Network
• First Nations Community Controlled Organisations
• both Aboriginal and Torres Strait Islander peak bodies
• First Nations people with disability.

The Forum should be supported by a First Nations disability investment fund, with the purpose of:

• supporting the operation of, and participation in, the Forum
• implementing the DSSP
• developing the First Nations Disability Workforce.

The Forum should have the capacity to direct funding under the DSSP to:

• enable First Nations people with disability to provide advice and guidance from their lived experience to the Forum
• enable community-controlled organisations to develop their capacity to design and deliver disability-specific services and supports
• enable community-controlled organisations to work with other organisations to drive national leadership in disability policy and services reform
• enable community-controlled organisations to deliver on specific priority areas as identified in the DSSP
• enable the participation of community-controlled organisations not engaged in the Coalition of Aboriginal Peaks process
• support First Nations community-based organisations across the health, criminal justice and early childhood sectors to improve workforce disability competency to ensure First Nations people with disability receive appropriate disability support
• take into consideration the recommendations of the Royal Commission.

The Forum should develop and implement a strategy, supported by the First Nations disability investment fund, to build disability-specific expertise into First Nations Community Controlled Organisations.

Victorian Government response to recommendation 9.10

We accept this recommendation in principle.

Inclusive Victoria: state disability plan 2022–2026 identifies self-determination as 1 of 6 areas of systemic reform.

A First Nations Disability Forum is consistent with this. It is also consistent with our broader work to advance self-determination through truth-telling and Treaty.

We note that a policy partnership leads all other sector-strengthening plans under the National Agreement on Closing the Gap (National Agreement).

We consider the proposed First Peoples Disability Forum could be established as a Disability Policy Partnership.

This would ensure a consistent approach to policy advice and governance under the National Agreement. It would lead the review and implementation of a revised Disability Sector Strengthening Plan.

The Commonwealth would need to provide resourcing for First Peoples sector and organisational representatives to engage with the work of a Disability Policy Partnership. This would be critical to delivering improved outcomes.

The establishment of the First Nations Disability Forum (or Disability Policy Partnership) will need to consider the views of the First Peoples Assembly of Victoria and Ngaweeyan Maar-oo (Victoria’s formal partner on Closing the Gap).

It will also need to consider outcomes of Treaty negotiations. These negotiations are due to commence in 2024.

To exercise self-determination, the forum would need to be supported by an investment fund. This would provide resources to Aboriginal Community-Controlled Organisations to participate in determining the service responses and supports that people need.

The proposal to develop a strategy to build disability expertise into Aboriginal Community-Controlled Organisations is consistent with Victoria’s support for building capability in these organisations.

We note that the timeframe of the end of March 2024 has not been met. This is due to the complex intergovernmental collaboration that needs to occur.

Joint response to recommendation 9.10

Accept in principle

The Australian Government and state and territory governments recognise the value of shared decision-making mechanisms and formal partnerships in line with Priority Reform One under the National Agreement on Closing the Gap.

All governments will work in partnership with First Nations people with disability, their families, carers and representatives, the Joint Council on Closing the Gap, peak bodies, and other key stakeholders through 2024 to develop options for the establishment of a First Nations Disability Forum or other appropriate shared decision-making mechanism for the cross-cutting outcome of disability under Closing the Gap.

Recommendation 9.11 Building on the Disability Sector Strengthening Plan

Parties to the National Agreement on Closing the Gap should commit to releasing a revised Disability Sector Strengthening Plan (DSSP) in partnership with the First Nations Disability Forum by the end September of 2024. The revised DSSP should have:

• agreed priority areas, determined through consultation with the community- controlled sector under the guidance of First People’s Disability Network
• a commitment to future funding and longer timeframes
• agreed timeframes for delivering actions and achieving outcomes
• annual reporting requirements for government parties to the National Agreement on Closing the Gap.

Victorian Government response to recommendation 9.11

We accept this recommendation in principle.

A revised Disability Sector Strengthening Plan would need to provide resources and funding security. This recognises the sustained effort needed for change.

The Disability Sector Strengthening Plan must focus on outcomes. It must identify agreed benchmarks and measurements to measure progress over time.

We recommend that the Disability Sector Strengthening Plan and supporting actions are flexible enough to accommodate any future Treaty outcomes.

A review of the Disability Sector Strengthening Plan could be led by a Disability Policy Partnership. This would ensure a consistent approach under Closing the Gap.

The Commonwealth would need to provide resourcing for First Peoples sector and organisational representatives to engage in the work of a Disability Policy Partnership. This would be critical to delivering improved outcomes.

Joint response to recommendation 9.11

Accept in principle

As a first step towards progressing this recommendation, governments have committed to work with the First Peoples Disability Network through 2024 to strengthen implementation of the current Disability Sector Strengthening Plan (DSSP) to enable improved outcomes against existing actions. The proposed shared decision-making mechanism in respect of disability (recommendation 9.10) would also support the response to this recommendation.

Recommendation 9.12 Disability-inclusive cultural safety standards

The Australian Government in partnership with the First Nations Disability Forum should develop disability-inclusive cultural safety standards for the provision of services for First Nations people with disability.

Disability service providers that support and have a responsibility for First Nations people with disability, including in the health, criminal justice and early childhood sectors, should incorporate these disability-inclusive cultural safety standards in their practices and organisations.

Victorian Government response to recommendation 9.12

We note this recommendation.

This recommendation is not within our area of responsibility.

Recommendation 9.13 Remote workforce development

The First Nations Disability Forum and parties to the Disability Sector Strengthening Plan (DSSP) should collaborate to develop a strategy to develop First Nations local workforces in remote communities. The strategy should consider:

• funding for community-level assessments to determine:
  • existing infrastructure and resources
  • the capacity and willingness of the First Nations community-controlled sector to support local workforce development
  • the level of demand within the community
• that allocation of funding for local workforce development should include funding to build the capacity of family members to provide care
• the strategy should be co-developed and co-implemented with First Nations Community Controlled Organisations, noting their capacity, expertise and willingness to be involved. The involvement of First Nations Community Controlled Organisations must be adequately supported and funded.

Victorian Government response to recommendation 9.13

We accept this recommendation in principle.

We will need to consider this recommendation together with our response to interim and future recommendations of the Yoorrook Justice Commission. We will also need to consider the outcomes of Treaty negotiations, which are due to start in 2024.

Any funding commitments associated with a workforce development strategy will be subject to budget approval processes.

Joint response to recommendation 9.13

Accept in principle

The Australian Government and state and territory governments support in principle the development of a strategy to develop First Nations local workforces in remote communities that is co-developed and co-implemented with First Nations Community Controlled Organisations. First Nations communities will play a key role in the flexible design and delivery of supports and services to First Nations people with disability and people living in remote areas.