The Royal Commission into violence, abuse, neglect and exploitation of people with disability (Disability Royal Commission) has handed down its final report. It found that people with disabilities ‘continue to experience high rates of violence and abuse, multiple forms of neglect, and sexual and financial exploitation’.
This blog summarises the Disability Royal Commission’s key findings and recommendations, particularly the need for an Australian Disability Rights Act and those related to the law and justice system. It provides information on resources for people with a disability to understand their rights and how the legal system can support them.
What are the key findings of the Australian Disability Royal Commission final report?
The 12 volume final report makes 222 recommendations across a broad range of areas including health, education, employment, housing, the criminal justice system and disability services.
The commission ran for four-and-a-half years, Australia’s longest running Royal Commission. There were 32 public hearings, reports, 7944 submissions and evidence from 837 witnesses who were people with disabilities, their loved ones and those working in the sector. There were 1,785 private sessions with commissioners too. This makes the commission the largest ever investigation into the lives of the 4.4 million people with disability in Australia.
Key recommendations related to the law and regulation include:
- implementing an Australian Disability Rights Act
- strengthening and amended the current Disability Discrimination Act 2002, including reversing the onus of proof to alleged perpetrators in alleged acts of discrimination
- establishing a new complaints mechanism
- changing guardianship legislation
- creating a National Disability Commission led by a person with disability and primarily comprising primarily commissioners who have disabilities
- changing laws around sterilisation
- reforming the way the justice system interacts with people with disability.
A Disability Rights Act for Australia
One recommendation in the disability Royal Commission final report is that the Australian government commit to the enactment of a Disability Rights Act. The commission said the Act should clearly explain the rights of people with disability and how the Australian, state and territory governments should protect those rights. The Act should follow the principles set out in the UN Convention on the Rights of Persons with Disabilities.
The need for Government implementation of the Disability Royal Commission recommendations
At cost of more than half a billion Australian dollars, this is the most expensive Royal Commission in history. Principal of Catherine Henry Lawyers, Catherine Henry, and other disability advocates and experts are calling for governments to take swift action. Many government inquiries and Royal Commissions produce recommendations that are never actioned.
Chair of the commission Ronald Sackville has said the abuses exposed by the Royal Commission demanded an “urgent and comprehensive response from all Australian governments”.
The commission has asked the federal, state and territory governments to publish written responses to its final report by March 31, 2024.
Resources on legal rights and legal support for people with a disability
Regional NSW based law firm Catherine Henry Lawyers has a range of free community resources to help people with disability to understand the law and how it can help them to protect their rights.
- Free eBook on the National Disability Insurance Scheme focusing on qualifying and applying for the NDIS as well as requesting reviews and appeals of NDIS decisions
- Client stories and articles on key court cases that guide what determines ‘fair and reasonable support’ from the NDIS
- Podcast on the legal complexities and struggles that people with disability face when dealing with the NDIS and navigating the Administrative Appeals Tribunal with Catherine Henry Lawyers Solicitor Ellen Higginbottom. Ellen, who has disabilities, shares her personal experiences with the NDIS.
Legal support for people with a disability
Catherine Henry Lawyers’ health law and relationship law teams have extensive experience in supporting and representing clients with a disability to:
- understand and protect their rights and wishes
- seek compensation for injury or negligence causing disability
- appeal decisions made by the NDIS or make complaints about care or services provided to them.
Key services include:
- claims to gain redress or compensation for people who have a disability due to medical negligence
- setting up Special Disability Trusts
- complaints to health and aged care bodies for poor care or treatment of people with disability
- capacity documents for people with a disability including enduring powers of attorney, enduring guardians, advanced care directives, as well as guardianship and financial management applications
- making compensation claims for people who receive a permanent or partial disability through Total and Permanent Disability (TPD) or Partial and Permanent Disability (PPD) in their life insurance policy or insurance policies provided through their superannuation fund.
For more information please contact the expert and caring team at Catherine Henry Lawyers today. Call us on 1800 874 949 or fill out the contact form below, and we will be in touch.
