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DRC Discussion Topic 4, Housing

Background information

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability released its Final Report on 29 September 2023 after four and a half years of inquiry. 

Almost 10,000 people shared their stories with the Royal Commission. 

The Royal Commission looked at what governments, institutions and the community should do to prevent people with disability experiencing any form of violence, abuse, neglect or exploitation. 

It was focused on key areas including employment, education, housing, justice settings, healthcare and disability services. 

Of the six commissioners who wrote the recommendations, two identify as living with disability and one is a parent of a daughter living with multiple sclerosis. 

The Final Report makes 222 recommendations. 

Some of the recommendations are the responsibility of the Commonwealth Government, some are for State Governments, and some require collaboration between the two governments. 

The South Australian Government is writing a formal response to the recommendations. 

The response will include if and how the South Australian Government will act on the recommendations that have been made by the Royal Commission. 

The response is due by 31 March 2024. 

As part of this process, the South Australian Government wants to ensure the voices of people with disability and their families are included. 

The South Australian Government has asked Purple Orange to facilitate the sessions. 

These sessions are an opportunity for people with lived experience to make sure their views are considered when the South Australian Government responds to the Royal Commission. 

Feedback from these sessions will be captured and included in a written section of the South Australian response. 

 

The sessions: 

The South Australian Government has asked Purple Orange to facilitate six sessions focused on key areas of the Royal Commission Report. Session topics and dates listed here. 

 

Some of the main recommendations from the Royal Commission include: 

  • A new Disability Rights Act 

  • A new Disability Commission to manage the Disability Rights Act 

  • A new Federal Disability Minister 

  • A new National Disability Agreement between all governments in relation to funding 

  • Improvement to safeguarding practices and laws 

  • Improving disability support worker screening and recruitment processes 

 

Commissioners disagreed about whether settings that separate people with disability from non-disabled people (like group homes, ‘special’ schools, and supported employment) should continue or be phased out. 

The commissioners who live with disability or have disability in their family want segregated settings to end by being phased out for different options. 

The other commissioners do not want the segregated settings to end. 

The commissioners who do want them phased out suggested long timelines to do this. 

 

Fourth Session - Housing

When talking about housing, the Royal Commission recommended: 

  • The National Disability Insurance Agency (NDIA) should ensure National Disability Insurance Scheme (NDIS) participants identified as being at heightened risk of violence, abuse, neglect or exploitation, particularly those living in supported accommodation, have funding for support coordination included in their NDIS plans. 

  • The creation or change of NDIS rules to make it clear that it is not appropriate for a provider of support coordination to be the provider of any other funded supports in an NDIS participant’s plan. 

  • The NDIS Quality and Safeguards Commission should examine the quality and consistency of support coordination. 

  • The National Housing and Homelessness Plan and the National Housing Supply and Affordability Council to include people with disability as a priority group in developing reforms. 

  • The Australian Government to include homelessness as a policy priority in the Inclusive Homes and Communities outcome area of Australia’s Disability Strategy. 

  • Both New South Wales and Western Australia to commit to adopting the mandatory Liveable Housing Design Standard for residential housing and apartments. 

  • State and territory governments to develop and implement accessible and inclusive processes for allocating and modifying social housing for people with disability. 

  • An audit of crisis accommodation to be undertaken to determine the housing needs of people with disability, and to set targets for new crisis housing construction and refurbishment to meet the voluntary Liveable Housing Design Standard. 

  • All states and territories to have laws that require a landlord to demonstrate a good reason for terminating any tenancy of private residential accommodation. 

  • All states and territories to have laws that give housing tribunals the power to take into account whether the tenant or co-occupant has a disability and the nature of that disability in determining whether it is just or reasonable to make an order for possession of premises. This should also apply to social housing tenancies. 

  • All states and territories to introduce occupancy principles to cover boarding and rooming houses. 

  • The Australian Government to work with state and territory governments to: 

    • Review funding for homelessness, particularly for people with disability and complex needs; 

    • Identify people with disability, particularly people with intellectual disability or cognitive impairment, as a group likely to need intensive homelessness support; 

    • Expand pathways and support for people with disability out of homelessness; and 

    • Consider establishing free, independent legal advice and advocacy services for people with disability experiencing homelessness. 

  • The reform of the NDIS participant funding models to provide greater flexibility in Supported Independent Living (SIL) and Specialist Disability Accommodation (SDA) accommodation settings. 

  • The NDIA to develop clear and supportive transition pathways for housing, including assessing an NDIS participant’s housing needs, and create an individual transition plan as well as access to independent advocacy and a support coordinator to facilitate the transition. 

  • All governments to work together to develop and implement a comprehensive roadmap to phase out group homes within the next 15 years.  

    • No new group homes should be built. 

    • Existing residents should be prioritised to move into smaller group homes. 

    • People with disability may choose to remain in group home accommodation and they should be supported in their choice. 

 

Key questions for housing session: 

  • Some of the Commissioners have recommended phasing out group homes, or similar accommodation settings, which are designed only for people with disability and have multiple people in one home – often with housemates they didn’t choose. Do you think group homes and similar supported accommodation settings should be phased out?  

  • Could you share what you believe are some benefits or disadvantages of group homes? 

  • If group homes are to stay operating, what would the State Government's role be in making sure they are safe, secure, inclusive and enabled choice and control? 

  • Considering group homes, social housing and private housing - what barriers do people with disability experience to housing security? 

  • What can the State Government do to make housing more accessible, secure and inclusive for people with disability? 

  • Considering the recommendations around homelessness that the Federal and State Governments work together to:  

    • Review funding for homelessness, particularly for people with disability; 

    • Identify people with disability as a group likely to need intensive homelessness support;

    • Expand pathways and support for people with disability out of homelessness; and

    • Consider establishing free, independent legal advice and advocacy services for people with disability experiencing homelessness.

 

How do you think the State Government can ensure the changes are truly inclusive and result in secure housing for people with diverse disability?

  • Looking at the summary of the recommendations, did the Royal Commission miss any key issues relating to housing that you would have liked to have seen in the final report? Is there anything you would like to add?

  • What is the most important priority to you when it comes to housing for people with disability? What should the State Government focus on in the next year?