Breaking: Response to Disability Royal Commission

The Australian Government today released its official response to the Disability Royal Commission (DRC), 10 months after the Final Report was handed down last September. The government responded to 172 of the 222 recommendations that were their primary or shared responsibility with the states and territories.

Of those recommendations, the Australian Government:

Accepted in full 13 recommendations
Accepted in principle 117 recommendations
Is further considering 36 recommendations
Noted 6 recommendations (‘Noted’ always sounds to me like the height of bureaucratic passive aggression)

The not-so-quiet elephant in the room is that after 10,000 people shared their (often traumatic) experiences and a $559.3 million taxpayer investment, only 13 recommendations being accepted in full feels a little.. what’s the word.. pathetic… insulting.. mind boggling? In fairness, the government says it agrees with the policy intent behind the 117 recommendations it has accepted in principle. They are just either planning to implement it differently to how the DRC envisioned, are still working out the implementation or need to do more work with the states and territories. The government has also committed to 6 monthly progress reports to hold them accountable. However, in principle acceptance does stop short of a firm commitment and there is a real risk momentum could be lost.

So which recommendations did the Australian Government accept in full? Well they aren’t particularly groundbreaking, and most actions were already in progress but here’s a summary.

Review and update the Australia’s Disability Strategy (ADS)- The DRC recommended updating the ADS and its implementation mechanisms (e.g. targeted action plans, reporting arrangements etc.) to reflect the issues raised in the DRC. The Australian and state and territory governments have agreed to release an updated ADS by the end of 2024. A separate major evaluation focussed on outcomes will also commence in 2025.
Data collection and public reporting on psychotropic medication- The DRC called on the NDIS Quality and Safeguards Commission (NDIS Commission), the Australian Commission on Safety and Quality in Health Care and the Aged Care Quality and Safety Commission to publish joint annual progress reports against the inappropriate use of psychotropic medicines to manage behaviours. The Australian Government reports that it is developing the Psychotropic Medicines in Cognitive Disability or Impairment Clinical Care Standard which has actually recently been released.
The new Disability Employment Services (DES) model- The DRC called on the Department of Social Services (DSS) to co-design the new DES model and to ensure funding facilitates flexible employment support, including customised employment. The Australian Government says it has undertaken extensive consultation with the disability employment sector to inform the new specialist DES program with further consultation planned ahead of implementation (from July 2025). Eligibility for the new DES will expand to include people with less than 8 hours work capacity and volunteers not receiving income support. An estimated 15,000 additional people will be able to access the program each year.
Develop education and training resources for DES staff- The DRC said DSS should co-design accessible education and training resources for DES providers, to upskill them in disability awareness, cultural competence, human rights, customised employment, employer engagement and DES guidelines and procedures. The Australian Government highlights its commitment of $23.3m to establish a Disability Employment Centre of Excellence , which will develop best practice, evidence-based information and training to help DES providers deliver high quality and effective employment services.
Fair Work Ombudsman (FWO) referral mechanism- The DRC recommended expanding the functions of the FWO to allow a matter involving an employee with disability to be referred to the FWO by relevant authorities. In September 2023, the FWO entered into formal arrangements with the Australian Human Rights Commission and the Fair Work Commission to facilitate referrals of unresolved matters involving allegations of serious and/or systemic disability discrimination for potential investigation and enforcement action by the FWO.
Improve information about wages and the Disability Support Pension (DSP)- The DRC called for Disability Representative Organisations to be funded to deliver an information campaign for Australian Disability Enterprises (ADE) employees about open employment options and how the DSP interacts with a person’s wages. The Australian Government is funding a $9.8m Disability Employment Advocacy and Information Program until 30 June 2027, which will be delivered by Inclusion Australia, in partnership with Disability Advocacy Network Australia (DANA).
Embed an ‘open employment first’ approach in the NDIS Participant Employment Strategy - The DRC said the NDIS should adopt an ‘open employment first’ approach in the next iteration of the Disability Employment Strategy. The strategy should ensure participant’s employment goals in their plans consider open employment as a first option. They also called for training for local area coordinators, planners and support coordinators to build knowledge, resources and capacity to encourage participants to find open employment. The DRC recommended establishing targets to increase open employment rates, and building the capacity of NDIS employment support providers to assist participants to transition from ADEs to open and integrated employment settings. In response the Australian Government said the NDIA released the next iteration of the NDIS Participant Employment Strategy 2024–2026 on 20 March 2024. A quick control F search did not specifically return the term ‘open employment first’ but look inclusive employment is certainly a featured priority. The Agency also commits to measuring employment outcomes, differentiating between employment in ADEs and open, inclusive employment settings.
Include homelessness in Australia’s Disability Strategy (ADS)- The DRC recommended that consultations on the ADS include people with disability at risk of homelessness. The DRC also wants homelessness to be policy priority within the ‘Inclusive Homes and Communities’ key outcomes of the ADS. The Australian and state and territory governments agreed to increase the focus on homelessness in the current ADS review.
Timing of NDIS transition supports for participants in custody- The DRC said the NDIA should issue guidelines stating that a release date is not a precondition for funding approval for transitional supports for participants in custody. They recommended the Justice Operational Guidelines and internal practice guides be amended to make this clear. The Australian Government said the NDIA will establish a publicly available framework that clearly articulates how the NDIS and other service systems will work together, supporting people entering custody and transitioning back to the community. This framework will be embedded into existing NDIA guidelines.
Expand community connector programs- The DRC called for the NDIA to increase the number and coverage of the community connector programs for First Nations people with disability in remote areas. The Australian Government says the introduction and implementation of the NDIA’s Remote Service Delivery Model will see an expansion of Remote Community Connector roles. Remote Community Connector roles will be both outsourced through NDIA Service Partners and supplemented with directly sourced roles to the NDIA.
Adequate support coordination- The DRC recommended the NDIA ensure that participants at heightened risk of violence, abuse, neglect or exploitation, particularly those living in supported accommodation, have funding for support coordination in their plans. Funding for support coordination should reflect the support and communication needs of the participant and be sufficient to facilitate face-to-face contact at least monthly. The DRC recommended that NDIS plans should be updated by 30 September 2025 accordingly. While the Australian government accepted this recommendation in full, it did kind of side step this one. The response claimed that this aligns with the ‘NDIA’s Improving Support Coordination for NDIS Participants’ report which recommended better role clarity and expectations for support coordination. It says the NDIA will uplift frontline staff capability in reasonable and necessary decision-making, and align internal planning, systems and reporting with support coordination expectations. Make of that what you will.
Making complaint processes accessible- The DRC said the NDIS Commission should enhance the accessibility of its complaint handling processes. Including by making information simple and easy to navigate, adopting a ‘no wrong door’ approach, accommodating people’s preferred means of communication and making other adjustments as needed. The NDIS Commission should also assist people to secure advocacy, identify people at risk of abuse, implement a strategy for ‘hard to reach’ groups, and ensure complainants are involved in complaint processes (recording the reasons if they are not). In relation to providers, they should also examine whether providers are supporting people to access advocates in complaint and internal investigation processes. The Australian Government says much of this is underway. In February 2023, the NDIS Commission introduced a new national complaint handling model to improve accessibility and responsiveness of its complaint handling processes. They are also reviewing their website and resources to ensure they are accessible. The NDIS Commission has implemented a national triage process for all complaints including a ‘no wrong door’ approach.
Publishing data about the unregistered provider market- The DRC recommended the NDIS Commission collect and publish data relating to trends and risks identified within the unregistered provider market. The Australian Government says the NDIS Commission currently collects and publishes a series of data relating to unregistered providers and its regulatory activity. It says the NDIS Commission’s Data and Regulatory Transformation project, announced as part of the 2024–25 Budget, will support the NDIS Commission’s capacity to collect and report on a broader range of items. The NDIS Provider and Worker Registration Taskforce will advise the Government in mid-2024 on potential changes to the unregistered provider market and thus may impact what is published.

Nothing firmer on segregation

The DRC’s most controversial recommendations related to the phasing out of segregated or special schools, workplaces, and homes. The Commissioners were split over these recommendations, with Commissioners Bennett, Galbally, and McEwin pushing to phase out segregation, whereas Chair Sackville and Commissioners Mason and Ryan wanted to reform and improve these settings.

The Australian and state and territory governments have made no commitment to phasing out special schools. They ‘noted’ the recommendation but the Australian government recognised ‘the ongoing role of specialist settings in service provision for students with disability and providing choice for students with disability and their families.’ Ultimately, the Australian government concluded that inclusive education is a state and territory responsibility. The government ‘accepted in principle’ several other recommendations on inclusive education, including ending exclusionary disciplinary practices, improving policies around reasonable adjustments, developing a Roadmap towards inclusive education, improving funding arrangements and more.

The recommendation by Commissioners Bennett, Galbally and McEwin to phase out segregated employment in ADEs by 2034 is ‘subject to further consideration’ by all governments. The Australian Government is also still considering the unanimous recommendation to increase the subminimum wage paid at ADEs. However, as mentioned above, it did commit to embedding an ‘open employment first’ approach into the NDIS Employment Strategy (though this is awkwardly not explicitly written in there). They also ‘accepted in principle’ the recommendation to develop a plan to support people at ADEs to transition to open employment.

Likewise, for housing, the Australian and state and territory governments would not commit to phasing out group homes, labeling those recommendations ‘subject to further consideration.’ However, they accepted in principle the recommendations to improve access to alternative housing options, to separate Supported Independent Living (SIL) and Specialist Disability Accommodation (SDA) provision in homes, and to promote active support in group home settings.

Disability Rights Act

One of the cornerstone recommendations of the DRC was the recommendation to establish a Disability Rights Act. Many believed that this would be an important reform, as explained by Natalie Wade in ‘Disability Rights Act- What will it mean?’

However, the recommendations concerning the Disability Rights Act are ‘subject to further consideration’ by the Australian Government. The Government noted the work it is already doing to explore a Human Rights Act, and in enacting a new Disability Services and Inclusion Act (2023) to improve quality and safeguarding arrangements for people with disability outside the NDIS.

The money

The Australian Government committed $369m today for their initial response to the DRC. They are also very keen to stress that this is in addition to $3bn they have committed over the last three budgets to ‘building a more inclusive Australia.’

It’s worth noting that a substantial chunk of today’s $369m was already announced in the federal budget in May. Including the $227.6m for the new employment service, the money for the Disability Employment Centre of Excellence, and funding for the National Disability Abuse and Neglect Hotline and the Complaints Resolution and Referral Service.

The money announced today will go to:

Rights and discrimination:

$6.9m to review the Disability Discrimination Act
$39.7m for a new disability advocacy program
$12.1m to amend the Migration Health Requirement so that is is fairer for children with disability

Safety:

$15.6m to unify disability quality and safeguarding arrangements nationally
$4.4m for consistent community visitor schemes
$2.6m for the National Disability Abuse and Neglect Hotline and the Complaints Resolution and Referral Service
$2m to improve the safety of women and girls with disability (there’s no more information on what that will look like)
$1.2m to create targets to reduce and eliminate restrictive practices

Inclusion and access

$12.3m for accessible information and communications, including Auslan
$3.7m to continue the Primary Care Enhancement Program for People with Intellectual Disability
$19.6m to improve community attitudes around disability

Employment:

$23.3m for the Disability Employment Centre of Excellence
$227.6m for a new specialist disability employment program

Obviously, this is only a brief exploration into the response to the Disability Royal Commission. For further reading head to:

Department of Social Services has a website dedicated to the response to the Royal Commission. It includes the official response, summaries, fact sheets, joint responses and FAQs.
You can watch the Ministers’ announcement here.

Disability Representative Organisations released a joint statement in response to today's announcement. Labelling it 'deeply disappointing' and saying 'once-in-a-lifetime examination of the scale of violence so many people with disability experience and deserves and demands a response of the same scale.'

You can also read the state and territory government responses:

Artwork by Melissa Pym. Learn more about Melissa.

Breaking: Response to Disability Royal Commission

Nothing firmer on segregation

Disability Rights Act

The money

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