Upholding Human Rights and inclusion in legislation 

The report recommends that governments strengthen legal frameworks at a federal and state level, including:  

• recommending the creation of a standalone Disability Rights Act to enshrine human rights in law and compel Commonwealth bodies to do more to create accessibility (including employment targets) 

• strengthening of the existing Disability Discrimination Act 

• exploring removal of disability discrimination from the migration system 

• reform of guardianship and administration legislation to promote consistency, and support supported decision making principles.  

At a governance level, they also recommended a new National Disability Agreement between the Australian Government and state and territory governments to strengthen coordination and collaboration across governments, and establishment of an independent statutory body, the National Disability Commission, to undertake robust monitoring and reporting of outcomes for people with disability.   

They also recommend increased leadership through ministerial positions, and government agencies, to drive disability inclusion, and a national plan for more inclusive communications, and more Auslan interpreters, and more funding for disability advocacy services. 
 

More accessible health services 

A range of reforms are proposed to promote accessibility in health services including: 

• Funding a national workforce of ‘disability health navigators’ to support people with cognitive disability and complex health needs access health services. 

• Improved access to clinical placements in disability health services  

• Better CPD offerings from professional associations across the heath sector on delivering health care for people with cognitive disability.  

• Funding for specialised health and mental health services for people with cognitive disability to provide specialist assessment and clinical services, including preventive medicine, and training and support for health providers to build their capacity to provide safe, high-quality health care to people with cognitive disability.  
   

Restrictive practices   

• The Report includes a strong push to ensure that restrictive practices are only used as a last resort and that there are stronger legal frameworks that outline their acceptable use in sector specific contexts (e.g. health, justice, education). 

• They also recommend prohibiting certain restrictive practices in certain setting such as health and mental health, and education, and setting targets for the reduction of their use.  

• They also recommend data collection and public reporting on psychotropic medication, and a total prohibition on non-therapeutic sterilisation procedures (with very limited exceptions). 
   

Education 

• Some commissioners recommended phasing out specialist schooling by 2051, and more broadly, the total commission panel recommended fostering more inclusion between mainstream and specialist schools including promoting colocation of new schools and joint events between mainstream and non-mainstream schools. 

• They also recommend career and guidance support for students with disability leaving school and embedding inclusive capabilities in teacher training. 
   

Implications for NDIS 

There are a parge number of reforms for the NDIS, including: 

• NDIA to lead a capacity building program for providers to embed human rights in their service provision. 

• Amend NDIS Service rules so 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 (OTA highlighted this as an issue in our submissions to the NDIS Review). 

• Increased funding for support coordination in NDIS plans for high-risk NDIS participants (identified as being at heightened risk of violence, abuse, neglect or exploitation, particularly those living in supported accommodation). 

• NDIS Commission to examine the quality and consistency of support coordination for participants in remote and regional areas, or who have connections to the justice system, at risk of housing insecurity, living in supported accommodation, or identify as First Nations. 

• Better access to advocacy for participants living in supported accommodation. 

• Improve supported decision making for participants by changing NDIS Practice Standards and creating a practice guide for service providers. 

• New National registration scheme for disability support workers, and better remuneration for disability support workers under the SCHADS award. 

• Introduce a provider of last resort, including for people in crisis, risk of homelessness (note OTA also called for this in its NDIS Review submission). 

• Ensure the development of employment goals in participants’ NDIS plans considers employment in open and integrated employment settings as a first option. 

• Continuous monitoring of criminal charges for disability support workers. 

• Improve access to behaviour support practitioners especially in remote and regional areas by improving on the job training and encouraging First nations. 

• Enhancement for NDIS for First Nations participants including block funding for First Nations controlled services, the inclusion of a First Nations Representative on the NDIS board and finding in plans for activities that link people to country and culture. 

• Better Complaints handling by the NDIS Commission including: 

• New Guideline for accessible and responsive complaint handling, 

• Better management of complaints (including triaging and keeping complainant updated), 

• Requiring providers to conduct investigations and report on findings. 

• Making complaints more accessible (OTA called for this in our submission to the NDIS Review) 

• Enhance Core Module training on complaints handling. 

• Enhancements to provider registration and auditing including: 

• NDIS Commission to share information with quality auditors. 

• A comprehensive Review of provider registration with a view to simplifying the process and NDIA Commission portal. 

• Increasing the number of eligible auditors 

• Publicly reporting on audit data (de-identified) and removing any duplication of requirements for cohorts of practitioners or organisations working within multiple schemes and for recognising other forms of accreditation. 

• NDIS Commission to collect and publish data relating to trends and risks identified within the unregistered provider market. 

• Other reforms for the NDIS Commission including: 

• Review of NDIS Commission’s compliance and enforcement policy, including to take a stronger compliance and enforcement approach. 

• NDIS Commission to have better information sharing, intelligence gathering and data reporting. 

• NDIS Commission to strengthen its focus on provider capacity building via resource hub, training, information sharing, data and reporting and facilitating community forums. 

• Better incident management and reporting by the NDIS Commission including internal improvements to manage handling, enabling classification of certain kind of less serious incidents and exempt reporting on them for provider who demonstrate satisfactory management of these incidents. 

• Appointing an Independent panel of investigators 

• Developing model procedures that provide guidance on incident management and reporting. 
   

Employment 

• Development of an inclusive employment roadmap 

• Raising the amount paid to participants in disability enterprises to at least half the minimum wage, and eliminating substandard minimum wages by 2034 (note only some commissioners supported this) 

• More inclusive recruitment in the public service  
   

Housing 

• Better recognition of the disability in homelessness strategies and approaches 

• Increasing the number of accessible and adaptive houses by recommending all states and territories immediately adopt the accessible housing codes. 

• Easier processes to make social housing accessible. 

• Increase tenancy and occupancy protections for people with disability. 

• Require minimum service standards and monitoring and oversight of supported residential services and their equivalents. 

• Establish 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, to prevent homelessness. 

• NDIS Commission to take steps to reform supported accommodation oversight, including transition away from allowing the same provider to provide Supported Independent Living and Specialist Disability Accommodation services. 

• Some commissioners also recommended a comprehensive roadmap to phase out group homes within the next 15 years, while others recommended a longer-term phase out in stages. 
   

Other reforms 

Nationally consistent approaches for things including: 

• Legislation enacted in states and territories to enable adult safeguarding.  

• Accessible complaints pathways (one stop shops) that are referred to the correct body) 

• Consistent federal, state and territory approaches to enshrine and operationalise the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) 

• Promote nationally consistent community visitor schemes and ensure information sharing with NDIS. 

• Nationally consistent approach to reviewable deaths 

• Nationally consistent reportable conduct schemes