Understanding disability and the law

Two recent events have the potential to significantly impact the legal landscape for people with disability in the coming year.

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission or DRC) was established in April 2019 in response to community concern about widespread reports of violence against, and the neglect, abuse and exploitation of, people with disability. The Disability Royal Commission investigated:

• preventing and better protecting people with disability from experiencing violence, abuse, neglect and exploitation
• achieving best practice in reporting, investigating and responding to violence, abuse, neglect and exploitation of people with disability
• promoting a more inclusive society that supports people with disability to be independent and live free from violence, abuse, neglect and exploitation On 29 September 2023, the DRC tabled its final report, with 22 recommendations to government. These include:
• enacting a Disability Rights Act to give effect to the full range of obligations under the Convention on the Rights of Persons with Disabilities
• strengthening the Disability Discrimination Act 1992 (Cth)
• establishing a National Disability Commission
• creation of a Minister for Disability Inclusion
• developing a new supported decision-making framework and update of standards for guardians and administrators
• access to independent disability advocacy
• developing specialised health services for people with cognitive disability
• ensuring appropriate legal frameworks around the use of restrictive practices
• providing equal access to inclusive education for all students, and phasing out segregated schools
• providing equal access to inclusive employment for all employees and phasing out segregated employment settings
• providing equal access to accessible and safe housing for all, and phasing out segregated residential settings
• protecting the rights of people with disability in the criminal justice system (and diversions from), and interacting with police
• ensuring the rights of First Nations people with disability across all settings
• embedding human rights in the delivery of disability services
• improving oversight and regulation of disability services including independent complaints mechanisms
• improving data collection about people with disabilities and the activities above. At the time of publication the government has not yet responded to these recommendations, and it is unclear how many of them will be accepted and acted upon.

In October 2022 the Minister for the National Disability Insurance Scheme, the Hon Bill Shorten MP, announced a review of the National Disability Insurance Scheme (NDIS).

The terms of reference included:

• the design, operations and sustainability of the NDIS covering issues outlined in the full scheme bilateral agreements between the Commonwealth and jurisdictions (part 1).
• ways to build a more responsive, supportive and sustainable market and workforce (part 2). A final report was provided by the Independent Review Panel to Disability Ministers in November 2023, with indications that the recommendations are likely to include:
• changes in eligibility for the scheme; and
• recommendations about the responsibilities of the broader community and state based systems such as education. At the time of publication, the government has not yet responded to these recommendations, and it is unclear how many of them will be accepted and acted upon. Where the NDIS Review recommendations potentially impact this chapter, this is indicated with a note.