Transforming Disability Support: Key Recommendations from the Disability Royal Commission's Final Report

The long-anticipated final report of the Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disability has been released, containing a whopping 222 recommendations aimed at reshaping the landscape of disability support in Australia. After hearing from nearly 10,000 contributors who shared harrowing stories of violence, abuse, neglect, and exploitation, the report outlines a comprehensive plan to create a more inclusive society that champions the independence and rights of individuals with disabilities. In this article, we'll focus on key recommendations relevant to the National Disability Insurance Scheme (NDIS) audience and highlight the need for concerted efforts to enact meaningful change.

A Disability Rights Act (DRA)

One of the pivotal recommendations from the report is the establishment of a Disability Rights Act (DRA). This Act would translate international human rights, as outlined in the Convention on the Rights of Persons with Disabilities (CRPD), into Australian law. The DRA aims to provide enforceable rights for people with disabilities and promote their independence and dignity. A critical aspect of this recommendation is the engagement of individuals with disabilities and key stakeholders in the development of the DRA. Some commissioners propose initially covering public authorities and subsequently evaluating the inclusion of private sector providers under the NDIS, while others suggest private entities be included from the outset. Furthermore, the existing Disability Discrimination Act is recommended to be strengthened.

National Disability Commission

The proposed DRA would also establish a new, independent statutory body known as the National Disability Commission. This commission would play a pivotal role in capacity-building, research, guidance, advice, and complaint resolution. It would have the authority to address non-compliance with the DRA and intervene in court proceedings when necessary. Parties would be able to file complaints about DRA breaches with the commission, which could offer dispute resolution, referrals to oversight bodies, and even legal action. The goal is to have this commission in operation by mid-2025, providing a robust mechanism to safeguard the rights of individuals with disabilities.

A New Government Portfolio

The report recommends the creation of a dedicated ministerial portfolio for disability, elevating the status and attention required to drive reforms, change practices, and shift attitudes. This new Minister for Disability Inclusion would be responsible for national leadership on disability issues, policies, and programs. A separate Department of Disability Equality and Inclusion would be tasked with improving outcomes for individuals with disabilities, taking over responsibilities currently held by the Department of Social Services. This revamped portfolio would unite the new Department of Disability Equality and Inclusion, the National Disability Commission, the NDIA, and the NDIS Quality and Safeguards Commission. This collaborative structure aims to establish a powerful force for change.

Reducing and Ending Segregation

Addressing the issue of segregation is another significant aspect of the report. While all commissioners acknowledge the need for reforms to ensure individuals are not forced into settings exclusively designed for people with disabilities, they hold varying perspectives on the future of settings such as special schools, Australian Disability Enterprises (ADEs), and group homes. Some commissioners advocate for phasing out these settings, as they believe they perpetuate segregation. However, others argue for a less stringent approach in their recommendations. Regardless of the specific path chosen, the goal is to reduce and eventually eliminate segregation across all settings.

Education

All commissioners are in agreement that mainstream schools require substantial reform to eliminate barriers to safe, equal, and inclusive education. However, their views on the approach to achieve this vary. While some commissioners propose a gradual phasing out of special schools over a generation, others advocate for maintaining existing non-mainstream schools but relocating them near mainstream schools. These non-mainstream schools would partner with mainstream schools to promote regular interaction and participation between students, aiming to create a more inclusive educational landscape.

Employment

In the realm of employment, the commissioners call for a plan to support individuals with disabilities working in ADEs, helping them transition into inclusive, open employment options if they so choose. Additionally, the report recommends raising the minimum wage for supported employees to 50%, with a transition to the full standard minimum wage by 2034. Some commissioners go further, proposing the phasing out of ADEs by 2034 through a National Inclusive Employment Roadmap. This initiative seeks to create more inclusive, diverse, and equitable employment opportunities for individuals with disabilities.

Group Homes

The commissioners call on the NDIS Commission to prioritize the implementation of the Own Motion Inquiry into Aspects of Supported Accommodation - Action Plan. They want this plan to include a review of mechanisms to transfer away from Supported Independent Living and Specialist Disability Accommodation (SDA) provided by the same entity, promoting models of practice like active support. In line with the broader goal of reducing and ending segregation, the report outlines recommendations for establishing more inclusive housing options and reforming NDIS funding models for greater flexibility. Some commissioners propose a comprehensive roadmap to phase out group homes within the next 15 years.

The release of the Disability Royal Commission's final report marks a significant milestone in the quest for a more inclusive and equitable society for people with disabilities. The recommendations, though too extensive to cover comprehensively here, represent a collective call for transformative change. The forthcoming response from the Australian government, expected within six months, will play a pivotal role in translating these recommendations into action. It is imperative that the disability community, stakeholders, and advocacy groups continue to be actively involved in shaping this change. As Chair Sackville noted, "there is not much point to a lengthy Royal Commission if its recommendations do not lead to transformational change." The road ahead may be challenging, but the path towards a more inclusive, respectful, and supportive society is a journey worth embarking on.