Recommendation 191
• States and territories
On 11 February 2015, the Australian Senate asked the Senate Community Affairs References Committee to undertake an inquiry into violence, abuse and neglect of persons with disabilities in institutional and residential settings. The report of the Committee was tabled on 25 November 2015 and informed the development of the National Disability Insurance Scheme (NDIS) Quality and Safeguarding Framework, which was released on 3 February 2017.
The Framework upholds the rights of people to access safe and quality services and supports under the NDIS. An independent statutory body, the NDIS Quality and Safeguards Commission (NDIS Commission), began operating in New South Wales and South Australia on 1 July 2018 to implement the regulatory elements of the Framework.
The NDIS Commission will progressively begin operating in other states and territories over the next two years in line with the rollout of the NDIS.
The NDIS Commission will:
- respond to concerns, complaints and reportable incidents, including abuse and neglect of NDIS participants
- promote the NDIS principles of choice and control, and work to empower participants to exercise their rights to access good quality services as informed, protected consumers
- require NDIS providers to uphold participants' rights to be free from harm
- register and regulate NDIS providers and oversee the new NDIS Code of Conduct and Practice Standards including undertaking investigations and taking enforcement action
- monitor the use of restrictive practices within the NDIS with the aim of reducing and eliminating such practices
- lead collaboration with states and territories to design and implement nationally consistent NDIS worker screening.
For information about the NDIS Commission, visit: the NDIS Commission website.
The Disability Discrimination Act 1992 (Cth) provides that it is unlawful for a person or organisation to discriminate against a person on the basis of disability in a range of areas of public life including employment, education, access to premises and the provision of goods, services and facilities. The Act also protects associates of people with disability from discrimination, and prohibits discrimination against people who have a carer, assistant, assistance animal or disability aid.
Australia has had a dedicated federal Disability Discrimination Commissioner since 1993. The Commissioner is established within the Australian Human Rights Commission by the Disability Discrimination Act 1992 (Cth). The Commissioner's functions include protecting the rights of persons with disability in Australia and promoting the United Nations Convention on the Rights of Persons with Disabilities. Information about the current Commissioner and work underway can be found on the Disability rights page of the Australian Human Rights Commission website.
For information on state and territory anti-discrimination laws, visit:
- Australian Capital Territory – ACT Human Rights Commission
- Northern Territory – Northern Territory Anti-Discrimination Commission and the Disability services website. The Northern Territory Quality and Safeguarding Framework is available on the Northern Territory Department of Health website.
- New South Wales – Anti-Discrimination Board of NSW and the Disability Inclusion Act 2014 (NSW)
- Queensland – Anti-Discrimination Commission Queensland and Department of Communities Disability Services and Seniors
- South Australia – Equal Opportunity Commission SA
- Tasmania – Equal Opportunity Tasmania and the Preventing and Responding to Abuse in Services Policy; Safe Homes, Safe Families: Tasmania's Family Violence Action Plan 2015-2020
- Victoria – Victorian Equal Opportunity and Human Rights Commission
- Western Australia – Equal Opportunity Commission