Skip to Content (Press Enter) Skip to Main Navigation

DRC Discussion Topic 5, Safeguarding

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.

 

Fifth Session - Safeguarding

When talking about safeguarding, the Royal Commission recommended: 

  • The creation of a new Australian Disability Rights Act which outlines the human rights of people with disability and what happens when these rights are breached. 

  • The creation of a new National Disability Commission which would manage the Disability Rights Act, educate the community about the human rights of people with disability, and manage complaints about the rights of people with disability. 

  • The creation of a Department of Disability Equality and Inclusion, and a Minister for Disability Inclusion. 

  • The creation of a new single National Disability Agreement which clearly identifies roles and responsibilities. 

  • Disability advocacy must be funded to meet needs of people with disability. 

  • All states and territories should introduce adult safeguarding laws. 

  • All states and territories should have an independent ‘one-stop shop’ providing information and advice about reporting violence or abuse towards people with disability, including linking people to advocacy and other services. 

  • There should be a nationally consistent approach to community visitors’ roles and functions. States and territories should urgently implement a community visitors scheme if they do not already have one. 

  • All states and territories should have a disability death review scheme to review, understand and address the factors that contribute to a ‘potentially avoidable death’ of a person with disability before the age of 65. 

  • The creation or amendment of a National Disability Insurance Scheme (NDIS) rule 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 strengthen its monitoring, compliance and enforcement activities, educate the disability sector about preventing and responding to violence, abuse, neglect and exploitation, and make it easier for people with disability to make complaints about NDIS services. 

  • The NDIS Quality and Safeguards Commission should develop model complaint and incident management policies with help from people with disability and the disability sector, and release a guideline on accessible and responsive complaint handling and investigative practice. 

  • The review of the Social, Community, Home Care and Disability Services Award to ensure it meets current expectations of disability support work. 

  • The amendment of the Disability Discrimination Act to take active measures to prevent discrimination. 

  • Urgent discussions between governments to develop provider of last resort schemes to meet the needs of people with disability who are unable to access adequate or appropriate disability supports. 

  • All states and territories should have legal frameworks to reduce the use of restrictive practices, with the aim of eliminating restrictive practices completely. 

  • More work needs to be done on supported decision-making, including updating the national standards on supported decision-making and all states and territories having a statutory body to undertake public advocacy to promote supported decision-making. 

  • Supported decision-making should form part of guardianship and administration law and practice, to ensure substituted decision-making only happens as a last resort and in the least restrictive manner possible. This will ensure people with disability have more choice and control over the services and supports they receive. 

  • The development of a program to improve the financial skills of people under Public Trustee orders. 

  • The National Disability Insurance Agency (NDIA) to ensure 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 NDIA should also develop a program to connect NDIS participants living in supported accommodation with independent advocacy services. 

  • There should be better disability support worker screening and recruitment processes, and more effective training and supervision of workers to help prevent violence, abuse, neglect and exploitation of people with disability. The Disability Royal Commission recommended the creation of a national disability support worker registration scheme. 

 

Key questions for safeguarding session: 

  • A recommendation was that all states and territories should have an independent ‘one-stop shop’ providing information and advice about reporting violence or abuse towards people with disability, including linking people to advocacy and other services. How would this look in our state? How do we make it engaging to the disability community and broader community? 

  • The Commission recommended disability advocacy must be funded to meet the needs of people with disability. What do you think this advocacy should look like in South Australia? 

  • Considering the recommendation that there should be a nationally consistent approach to community visitors’ roles and functions. Do you have any experience with a community visitors scheme? How could this be more effective? 

  • Considering the recommendations around support worker screening and training, how important do you think this is? 

  • What do you need your NDIS service providers and support workers to do to make you feel safe? 

  • What do you look for when you are choosing your NDIS service providers and support workers? 

  • The Disability Royal Commission recommended all states and territories should introduce adult safeguarding laws. What should be included in the safeguarding laws? How should they be enacted? 

  • Looking at the summary of the recommendations, did the Royal Commission miss any key issues relating to safeguarding that you would have liked to have seen in the final report?  

  • Is there anything relating to safeguarding South Australians with disabilities that you would like to share but have not yet had the opportunity? 

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