Inclusive Housing - Volume 7 (Part C)

The DRC recommendation

a) The Australian Government should, in collaboration with state and territory governments, expressly identify people with disability in key housing-related agreements and planning including the: 

• National Housing and Homelessness Agreement (NHHA), which should include people with disability as a priority group of housing and homelessness reforms 
• proposed National Housing and Homelessness Plan, which should include people with disability as a priority group, and include the measurement and evaluation of outcomes for people with disability 
• National Housing Supply and Affordability Council, which should include people with disability as a priority group in the development of housing supply and affordability policy advice, data collection and reporting. 

b) All state and territory governments should include people with disability in housing and homelessness strategies, policies and action plans developed under the NHHA. This should include people with disability as a priority group, and the monitoring and evaluation of implementation and outcomes for people with disability. 

The DRC recommendation

The Australian Government should increase the focus on homelessness in Australia’s Disability Strategy by: 

a) ensuring consultations concerning, and reviews of, Australia’s Disability Strategy include people with disability at risk of experiencing homelessness and their representative organisations 

b) expressly including homelessness as a policy priority within the ‘Inclusive Homes and Communities’ key outcomes.

The DRC recommendation

State and territory governments should commit to increasing the availability and supply of accessible and adaptive housing for people with disability by: 

a) immediately adopting the mandatory Australian Building Codes Board (ABCB) Livable Housing Design Standard for all new dwellings if they have not done so already, and developing a plan for the full implementation of the standard, including timeframes and outcomes measures 

b) adopting the voluntary ABCB Livable Housing Design Standard for all new social housing construction 

c) auditing the demand for, and accessibility of, current crisis housing (including domestic family violence shelters and refuges, and natural disaster crisis accommodation) to – 

• determine the appropriate amount, location and cost of crisis housing required to meet the needs of people with disability 
• set appropriate targets for new crisis housing construction and refurbishment that meet the voluntary ABCB Livable Housing Design Standard. 

The DRC recommendation

State and territory governments should develop and implement accessible and inclusive processes for allocating and modifying social housing for people with disability, including by: 

a) reviewing and amending application processes to: 

• identify whether applicants have a disability or accessibility needs, including those relating to communication, housing and access to community/support networks and services 
• put processes in place to update this information as needs change 

b) reviewing, amending and publishing (in accessible formats) housing allocation and ‘reasonable offer’ policies and procedures to ensure these can be easily understood and do not disadvantage people with disability seeking particular adjustments or modifications, or people who decline housing for accessibility reasons 

c) reviewing, amending and publishing (in accessible formats) housing modification policies. The policies should clearly articulate who is responsible for organising and funding housing modifications, expected timeframes, and contacts for following up and raising concerns. 

The DRC recommendation

States and territories should review legislation governing the tenancy and occupancy rights of people with disability and adopt the best regulatory and legislative models currently in force, including: 

a) in the case of tenancies – 

• enacting legislation to replace landlords’ ‘no-grounds’ termination rights with ‘reasonable grounds’ as currently specified in Victoria, Queensland and Tasmania 
• for both social housing and private housing tenancies, where a tribunal has discretion whether or not to order termination of the tenancy or that the tenant give up possession, empowering the tribunal to take the tenant’s or a co-occupier’s disability and the nature of that disability into account. 

b) in the case of non-tenancy accommodation – 

• adopting the provisions included in the Residential Tenancies Act 1997 (Vic) Part 12A to protect residents of Specialist Disability Accommodation (SDA) under the National Disability Insurance Scheme 
• introducing ‘occupancy principles’ similar to those under the Boarding Houses Act 2012 (NSW), to cover all non-SDA housing, such as assisted boarding houses in New South Wales and supported residential services in Victoria 
• extending these occupancy principles to cover ‘general boarding houses’ in New South Wales and unsupported boarding and rooming houses in other jurisdictions where many people with disability live. This reform should include conferring jurisdiction on the appropriate tribunal to resolve disputes, particularly in relation to eviction. 
• in hearing disputes about eviction, tribunals be required when determining whether to make an eviction order to consider the occupant’s disability, the nature of that disability, the possibility of retaliatory eviction, and the likelihood of finding suitable alternative accommodation. 

The DRC recommendation

This recommendation applies to state and territory government entities responsible for regulating privately operated and government-funded board and lodging-type supported accommodation services – including supported residential services (SRS) (in Victoria), assisted boarding houses (in New South Wales), Level 3 residential centres (Queensland), and supported residential facilities (SRF) (in South Australia). The entities should develop and implement minimum service and accommodation standards, strengthen oversight mechanisms, and increase service-level monitoring activities and compliance action, as follows: 

a) Minimum standards should require all SRS providers and their equivalents in other jurisdictions to – 

• develop support plans for each resident, covering personal care, financial management, medication management, and the use of restrictive practices 
• keep up-to-date records of how services are delivered in line with support plans, to allow regulatory bodies to more effectively monitor the quality of supports and services by regulatory bodies 
• establish clear complaint management processes, including how complaints are reported to the central registration body, and a feedback loop for residents, their family and advocates 
• guarantee access to independent advocacy services through advocacy organisations and community visitor schemes 
• support residents to access independent advocacy services focused on identifying alternative, longer term accommodation options in recognition of the transitionary nature of these services. 

b) Monitoring and oversight mechanisms for SRS and their equivalents in other jurisdictions should – 

• require central registration for all SRS and equivalent services with the relevant state or territory department responsible for SRS standards 
• require all SRS and their equivalents to undergo an initial audit when seeking registration, as well as ongoing audits (minimum yearly) for monitoring and compliance with all minimum standards. Audits should include direct engagement with people with disability residing in SRS and their equivalents, and should be undertaken centrally by the responsible state or territory department 
• establish procedures to monitor services in response to complaints and incidents, including when and how the relevant state or territory department will undertake investigations 
• establish compliance activities in response to audit results and investigations following complaints and incidents, including when registration will be impacted 
• include the specific rights of community visitor programs to attend and report on standards within SRS and their equivalents 
• be developed in consultation with other regulatory systems to identify and close regulatory gaps between schemes and settings including SRS, the National Disability Insurance Scheme, and in aged care and mental health services. 

c) Regulatory entities should have adequate powers to enforce all standards. Up-to-date records of infringements, enforcement action and remedies should be maintained centrally. The regulatory entities should notify substantiated infringements by providers to other oversight bodies with responsibilities for those providers, including the NDIS Quality and Safeguards Commission. 

d) States and territories should consider whether these recommendations should be implemented in relation to other forms of marginal accommodation for people with disability, including general boarding houses and caravan parks.

Why we think this recommendation should be revised

There is an urgent need for increased oversight and accountability in the boarding house sector to support and protect residents during a transition to safer, more inclusive, housing options based on genuine choice. However, all boarding house reforms should occur in the context of a staged plan to phase out all inappropriate living arrangements and replace them with safe, inclusive housing options.  

There should be significant investment in crisis housing services and supports, but these should not take the form of large boarding houses and should adhere to high standards of safety and quality, not minimum standards. 

The DRC recommendation

The Australian Government (including the National Disability Insurance Agency (NDIA)) and state and territory governments should commit to a policy of ‘no leaving into homelessness’ for people with disability. 

The Australian Government (including the NDIA) and state and territory governments should establish or nominate a lead agency with responsibility for planning and coordinating the transition of people with disability from service or institutional settings (including health services, mental health services, correctional facilities, and out-of-home care) directly into safe and appropriate housing. 

The lead agency should be the NDIA when the person is a National Disability Insurance Scheme (NDIS) participant (consistent with the role of the NDIS under Applied Principles and Tables of Support). If the person is not an NDIS participant, the lead agency should be the agency responsible for the service or institutional setting at the time the person leaves. 

The role of the lead agency should include: 

• developing and implementing individual plans for people with disability leaving service or institutional settings to identify housing, services and supports for a successful transition into secure housing 
• ensuring supports can be put in place before a person with disability leaves the service or institutional setting 
• coordinating the implementation of the plan until the person with disability has successfully transitioned to safe and appropriate housing. 

The DRC recommendation

In developing the National Housing and Homelessness Plan, the Australian Government, working with state and territory governments, should: 

a) identify people with disability, particularly people with intellectual disability or cognitive impairment, as a discrete cohort or cohorts for intensive homelessness support, recognising their needs, circumstances and diversity 

b) review the adequacy of funding for homelessness, with particular regard to the cost of providing more intensive homelessness support for people with disability and complex needs, and current levels of unmet demand 

c) expand pathways and support for people with disability out of homelessness, including through Housing First programs 

d) consider establishing free, independent legal advice and advocacy services for people with disability experiencing homelessness to help them navigate the different homelessness supports to which they are entitled at state or territory and Australian Government levels. 

The DRC recommendation

The NDIS Quality and Safeguards Commission should prioritise the implementation of the Own Motion Inquiry into Aspects of Supported Accommodation – Action Plan (the Action Plan) and expand actions to include: 

a) a specific review of mechanisms to transition away from allowing the same provider to provide Supported Independent Living and Specialist Disability Accommodation services, with interim arrangements to strengthen oversight to address and monitor conflicts of interest (under Action 8)

b) strengthening how disability providers implement models of practice, such as Active Supports, to ensure that people with disability living in group homes are actively supported to have opportunities for greater social interaction and community participation and inclusion (under Action 2) 

c) developing an implementation plan for the Action Plan, with – 

• explicit timeframes for delivery 
• annual reporting on progress and outcomes to the Disability Reform Ministerial Council.

Why we support this recommendation but want it to go much further

There is an urgent need for increased oversight and accountability in the group house sector to support and protect residents during a transition to more inclusive housing options based on genuine choice. However, all group house reforms should occur in the context of a staged plan to phase out segregated and inappropriate living arrangements that do not reflect choice or the ordinary options available to non-disabled Australians. One essential element of this is to adopt a contemporary understanding and definition of group houses that reflects choice and context rather than an arbitrary quantitative measure of bedrooms or residents.

The DRC recommendation

The National Disability Insurance Agency (NDIA) should work with the Australian Government, and state and territory governments, to expand alternative housing options and support for people with disability to access and transition to these options through a proactive market enablement strategy. This should include: 

a) an increase in innovative housing options, such as by – 

• expanding the NDIA Home and Living Demonstration Projects with additional rounds from 2024. These rounds should – 
  • focus on exploring diverse market mechanisms for sustainable housing models 
  • include ongoing extensive and independent evaluation and dissemination of emerging best practice to help bring new models to scale 
• establishing a policy unit to co-design, guide and influence the development and implementation of more contemporary accommodation models 
• conducting comprehensive market research to assess market demand and understand National Disability Insurance Scheme participants’ housing preferences to inform state and local governments, housing authorities and developers, and drive innovation. 

b) reform of NDIS participant funding models, including Supported Independent Living, Specialist Disability Accommodation and Individualised Living Options to provide greater flexibility. In particular, this flexibility should ensure that administrative and pricing mechanisms do not favour group home living over other models of inclusive housing.  

c) development of clear and supportive transition pathways that provide access to advice, advocacy and support for people with disability to understand and explore their housing options, make decisions about transitioning to the housing of their choice, and receive support for that transition. This should include – 

• an individualised assessment of a person’s housing needs and preferences, with the option for this to be regularly updated 
• an update of a person’s NDIS plan to include specific support, including capacity building to support the decision to transition to more independent living 
• where a person is interested in changing housing, the development of an individual transition plan that identifies current available and emerging alternative housing options, beyond the offerings of their current provider 
• access to independent advocacy and an independent support coordinator to provide support for and facilitate the transition. 

d) prioritisation of the implementation of the NDIA Home and Living Framework, including – 

• establishing explicit timeframes for its implementation that recognise the urgency of these reforms, in relation to realising the rights of people with disability under the Convention on the Rights of Persons with Disabilities 
• continuing work with the disability community to identify key outcomes and measures, and developing a comprehensive monitoring and evaluation plan to measure and report on progress 
• ensuring the chosen approaches address the key elements set out above in this recommendation, including – 
  • providing a dedicated pathway for participants with a current or anticipated high need for home and living supports 
  • ensuring participants taking this pathway have appropriate and timely support to explore and design individualised home and living solutions that work for them.

Why we support this recommendation and want it to go much further

Work to improve access to inclusive housing options should occur in the context of a staged transition plan to end segregated housing and inappropriate living arrangements within the term of Australia’s Disability Strategy 2021-2031. It should be made very clear that group houses are neither inclusive nor ordinary housing options and are not acceptable for non-disabled Australians so should not be the default provision for any people with disability. Additionally, rather than a single focus on market enablement, social and community housing should play a significant role in delivering the required alternatives to meet existing and future demand, with greater focus on eliminating the current unacceptable waiting lists.

The DRC recommendation

Commissioners Bennett, Galbally, Mason and McEwin recommend the Australian Government and state and territory governments develop and implement a comprehensive roadmap to phase out group homes within the next 15 years. This roadmap should address delivering inclusive housing supply to meet demand, transition support for people with disability, and implementation planning for phasing out group homes. It should include: 

a) delivery of inclusive housing supply to meet demand, by – 

• undertaking a comprehensive assessment of existing service demand (including people with disability who are currently living in group homes and current unmet needs) and projected service demand (forecasted demand for supported accommodation over the next 30 years) 
• assessing projected supply of alternative housing to inform planning for the transition of people out of group homes, including conducting a stocktake of existing disability housing assets that may be repurposed or used to increase the supply of inclusive housing 
• piloting alternative housing models with increased investment to roll out successful models in line with supply and demand modelling to meet future housing needs for people with disability (see also Recommendation 7.42).  

b) a review of the current Specialist Disability Accommodation (SDA) Pricing and Payments Framework to ensure it remains fit for purpose, focusing on ensuring  

that – 

• a data-driven approach is used to direct investment where it has the greatest benefit for participants and the National Disability Insurance Scheme (NDIS) 
• NDIS funding for specialist accommodation is directed to those participants with significant functional impairment or high support needs for whom specialised housing would deliver a measurable benefit 
• the needs of people with disability for affordable and accessible housing are prioritised by state and territory governments 
• prices are set to encourage development of best practice examples of SDA. 

c) transition support for people currently living in group homes, including through – 

• a transition pathway that provides access to advice, advocacy and support for people with disability to understand and explore their housing options, make decisions about transitioning to the housing of their choice, and receive support for that transition (see also Recommendation 7.42) 
• interim improvements in group home oversight and practices to ensure that people with disability living in group homes are safe and have greater choice and control during this transition period (see also Recommendation 7.41) 
• grandfathering arrangements for those people who wish to stay in their group home, including consideration of additional financial support to maintain financially viable group home arrangements where necessary 

d) implementation planning undertaken through co-design with people with disability and the disability community, including – 

• a specific timeframe for ceasing construction of any new group homes (within the next two years)
• a specific timeframe for ceasing placement of new residents in group homes (within five years)
• a specific timeframe for completing transition of those residents who wish to move from group homes to alternative housing options (within 15 years)
• development of an outcomes-based evaluation framework, tool and processes to track short-, medium- and long-term outcomes across the roadmap, and build an understanding of emerging best practice.

Why we strongly support and want this recommendation to go further

We believe all segregated housing can, and should, end within the term of Australia’s Disability Strategy 2021-2031. People should be enabled to live in inclusive and accessible ordinary housing with freely chosen living arrangements including to form households with non-disabled people. Supports for daily living should be provided using models that enable this outcome.

The DRC recommendation

Commissioner Ryan recommends the Australian Government and state and territory governments commit to phasing out group homes in stages. This commitment should include: 

a) immediate commitments to reduce the reliance on group homes, including – 

• not approving new four- to six-bedroom group home models for Specialist Disability Accommodation 
• only allowing new National Disability Insurance Scheme participants to enter group home accommodation as a last resort 
• prioritising moving existing residents of group homes to move into smaller groups over time on request, subject to need 

b) development of a staged approach to phasing out group homes, including consideration of housing availability, transition logistics and financial impacts. 

Annual progress and outcomes should be reported to the Disability Reform Ministerial Council.

Why we strongly reject this recommendation

It should not take a generation to end housing segregation. There are high-quality, inclusive, safe alternatives that constitute ordinary housing options for people living with disability and the focus should be on these rather than a few alternatives that have fallen short of reasonable standards.  

Additionally, we believe the group housing approach should be understood as people forced to live with others who they would not ordinarily choose to live with and not by an arbitrary numerical measure of bedrooms or residents. If four mates choose to move into a four-bedroom share house together, and this home functions as any ordinary share house arrangement would, this should be supported, noting that most people stay in such arrangements for a relatively short time before moving on to other individual, relationship- or family-based arrangements.