Governing for inclusion - Volume 5

The DRC recommendation

The Australian Government and state and territory governments should develop a new National Disability Agreement through the Disability Reform Ministerial Council, to be signed by first ministers. The fundamental objective of the Agreement should be to advance equality, inclusion and the rights of people with disability in Australia. 

The Agreement should provide the framework for intergovernmental collaboration to: 

• develop and implement reforms requiring national attention and coordination, including recommendations of this Royal Commission 
• implement Australia’s Disability Strategy 2021–2031 (ADS) and the National Disability Insurance Scheme (NDIS)

The ADS, NDIS national agreements and policies, and other national disability frameworks should be schedules to the new National Disability Agreement. 

The Agreement should clearly set out roles and responsibilities of parties to the Agreement. 

The new National Disability Agreement should be developed and finalised by the end of 2024.

Why we want this recommendation to go further

This should be a single nationally consistent agreement, not separate negotiations with each state or territory, which will inevitably create gaps and confusion about where responsibilities sit across jurisdictions.

The DRC recommendation

The signatories to Australia’s Disability Strategy 2021–2031 (ADS) (the Australian Government, state and territory governments and the Australian Local Government Association) should review and update the ADS to ensure it reflects the issues raised and recommendations made by this Royal Commission. 

This review and update should: 

• consider the ADS and all its implementation mechanisms, including Targeted Action Plans, Engagement Plan, Outcomes Framework, Guiding Principles, reporting arrangements and Data Improvement Plan 
• be undertaken in partnership with people with disability and their representative organisations

An updated ADS should be released by the end of 2024.

Why we want this recommendation to go further

This review should also result in an independent monitoring and reporting mechanism to ensure there is accountability for progress and should require all tiers of government to provide adequate funding to ensure stated outcomes are achieved within the term of Australia’s Disability Strategy 2021–2031.

The DRC recommendation

State and territory governments should review and update their disability strategies and plans to ensure they reflect the issues raised and recommendations made by this Royal Commission.

These reviews and updates should:

• consider how these strategies and plans align with Australia’s Disability Strategy 2021–2031, including outcomes of Recommendation 5.2
• be undertaken in partnership with people with disability and their representative organisations.

The reviews and updates should be completed by mid-2025.

Why we want this recommendation to go further

These reviews should also result in independent monitoring and reporting mechanisms to ensure there is accountability for progress and should require all tiers of government to provide adequate funding to ensure stated outcomes are achieved within the term of the strategies and plans.

The DRC recommendation

The Australian Government and state and territory governments, should review national agreements, strategies and plans that affect people with disability. This work should be undertaken through the Disability Reform Ministerial Council in conjunction with other ministerial councils. 

Reviews should consider: 

• the alignment of national agreements, strategies and plans with Australia’s Disability Strategy 2021–2031 
• how funding allocations should recognise the needs and rights of people with disability 
• the inclusion of specific outcome measures related to people with disability 
• the development of specific action plans relating to people with disability. 

National agreements that should be reviewed include the: 

• National Agreement on Closing the Gap 
• National Housing and Homelessness Agreement 
• National School Reform Agreement 
• National Health Reform Agreement 
• National Mental Health and Suicide Prevention Agreement 
• National Agreement for Skills and Workforce Development. 

Other national agreements, strategies and plans to be reviewed should include, but not be limited to, those relating to: 

• emergency management, such as those for pandemics and natural disasters 
• children and young people, such as the National Framework for Protecting Australia’s Children 2021–2031 
• employment, education, training and skills, such as the National Workforce Strategy 2022–2027 
• legal support, such as the National Legal Assistance Partnership 2020–2025 
• health services, such as those for preventative health, community health, and mental health 
• family and sexual violence, such as the National Plan to End Violence against Women and Children 2022–2032. 

The reviews of current agreements, strategies and plans should be completed by the end of 2025. 

The DRC recommendation

The Australian Government should establish the National Disability Commission as an independent statutory body under the Disability Rights Act (see Volume 4). The National Disability Commission should: 

• support the realisation of the human rights of people with disability through monitoring and oversight of the Disability Rights Act 
• monitor and report on outcomes for people with disability across Australia 
• promote best practice and innovative approaches to improving outcomes for people with disability by sharing information across governments, the community sector, the private sector and the broader community. 

The Commission should be chaired by a person with disability and comprise a small group of commissioners. The majority of commissioners should be people with disability, and represent the diversity of people with disability. 

The National Disability Commission should be established by mid-2025. 

In addition to functions proposed in Volume 4 and Volume 12, its functions should include: 

• developing an Outcomes for People with Disability report every two years and tabling it in the Australian Parliament. The report should: 
  • detail outcomes achieved under Australia’s Disability Strategy 2021–2031 (ADS) 
  • provide comparative performance assessments on outcomes for people with disability, including the implementation of the ADS, through traffic light reporting across each jurisdiction 
  • analyse data, including outcomes data from National Disability Insurance Scheme reporting and other relevant reporting from the Australian Government and state and territory governments. This includes reporting on jurisdictional disability strategies and plans, and reporting from relevant oversight bodies 
  • include the views and experiences of people with disability, as well as those of families and carers of people with disability 
  • recommend to governments actions needed to improve outcomes for people with disability. 
• promoting and disseminating information, research and evidence on best practice models for – and innovative approaches to – improving outcomes for people with disability. This information should be shared across governments, the non-government sector, the private sector and the broader community 
• partnering with a diverse range of people with disability, and their families and carers, to develop advice and key reports.

Why we want to see this recommendation go further

The development of a National Disability Commission should include a genuine co-design process involving Australians with diverse disabilities and other stakeholders.  

An Outcomes for People with Disability report should be tabled in the Australian Parliament every year, rather than every two years.

The DRC recommendation

The Australian Government should establish: 

• a portfolio responsible for the disability and carers policies and programs currently the responsibility of the Social Services portfolio 
• a ministerial position – the Minister for Disability Inclusion – responsible for disability inclusion strategy, policies and programs that are currently under the remit of the Minister for Social Services 
• a Department of Disability Equality and Inclusion, responsible for the national disability and carers policies and programs that are currently the responsibility of the Department of Social Services. 

People with disability should be recruited to positions within the new department, including into leadership positions. 

These new arrangements should be established by the end of 2024.

Why we partially support this recommendation

We support the establishment of a Cabinet level ministerial position for a Minister for Disability Inclusion with responsibilities to advocate for the inclusion of all Australians, ensure all policies and programs across government meet the needs of people with disability, and address the current significant gaps in outcomes.  

However, the Australian Government should not segregate policies and programs for people with disability from those for the non-disabled population, notwithstanding that addressing gaps will require dedicated effort and investment within programs. Disability equality and inclusion should be a responsibility of all ministers under a strong whole-of-government approach that rectifies all gaps in outcomes and experiences for people with disability within the term of Australia’s Disability Strategy 2021-2031. To the extent that fulfilling this recommendation would perpetuate the outdated notion that people with disability should be separated from the rest of the population and/or receive different ‘special’ things from governments, we reject it because this is the antithesis of genuine inclusion.

The DRC recommendation

The Australian Government and state and territory governments should ensure each jurisdiction has a designated focal point for matters relating to implementation of the Convention on the Rights of Persons with Disabilities (CRPD).

At the Australian Government level, this should be the new Department of Disability Equality and Inclusion, alongside the Attorney-General’s Department.

Each CRPD focal point should include people with disability in leadership positions.

Each jurisdiction should designate focal points by the end of 2024.

Why we think this recommendation should be revised

We support the intent of this recommendation to elevate the fulfillment of Australia’s obligations under the CRPD. However, we are concerned that designated focal points undermine the urgent need for governments to adopt strong whole-of-government approaches whereby everyone is responsible for delivering on these obligations rather than the needs of people with disability being treated as separate or ‘special’. 

Therefore, any designated focal points must have sufficient mandates to ensure whole-of-government accountability for implementing the CRPD and for ensuring that government agencies and services operate in ways that are consistent with Australia’s obligations under the CRPD.