Recommendation 185

The Australian Government continues to work with state and territory governments to implement the National Disability Strategy. The strategy's second implementation plan, Driving Action 2015-2018, was released on 1 December 2016 and is available on the Department of Social Services website.

The National Disability Insurance Scheme (NDIS) aims to ensure that people with disability will receive supports based on their needs, they will have choice and control over that support and the costs are controlled through an insurance approach. The NDIS Quality and Safeguarding Framework (the framework) was released by the Disability Reform Council 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 (Commission), will be established to implement the regulatory elements of the framework.

One of the objectives of the framework is to reduce and eliminate the use of restrictive practices in the NDIS by introducing consistent quality requirements for disability service sector providers. A restrictive practice is defined as any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability.

The Commission's behaviour support function is being designed to ensure that people with complex behavioural needs are properly supported with a view to reducing and eliminating restrictive practices. This will include engaging appropriately skilled and experienced behaviour support practitioners to work closely with participants to understand the underlying functions of the person's behaviours, and develop a behaviour support plan with the person, their family and carers and other service providers. Behaviour support plans can include positive behaviour strategies, other required supports to ensure the person's needs are being met, and ensure that the use of restrictive interventions are authorised (where state or territory authorisation or consent is required), reported and regularly reviewed.

In addition to having oversight for behaviour support and restrictive practices, the Commission will also be responsible for the following new national functions:

• provider registration including quality assurance
• a complaint handling system
• reportable incident notification
• investigation and enforcement.

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 – NT Anti-Discrimination Commission
• New South Wales – Anti-Discrimination Board of NSW
• Queensland – Queensland Government and Anti-Discrimination Commission Queensland
• South Australia – Equal Opportunity Commission SA
• Tasmania – Equal Opportunity Tasmania
• Victoria – Victorian Equal Opportunity and Human Rights Commission
• Western Australia – Equal Opportunity Commission

For information about state and territory policies and programmes related to the National Disability Strategy, visit:

• Australian Capital Territory – Community Services Directorate
• New South Wales – Ageing, Disability and Home Care
• Northern Territory – Office of Disability
• Queensland – Department of Communities, Child Safety and Disability Services
• South Australia – Disability SA
• Tasmania – Department of Premier and Cabinet - Communities, Sport and Recreation
• Victoria – Department of Human Services
• Western Australia – Disability Services Commission