Volume 11 – Independent oversight and complaints mechanisms

Summary

Background

The Disability Royal Commission’s Final report tells the Australian Government what changes need to be made to prevent violence against, and abuse, neglect and exploitation of, people with disability.

We recommend change so people with disability can enjoy all human rights and freedoms fully and equally.

Our Final report has 12 volumes.

This video is a summary of Volume 11 – Independent oversight and complaint mechanisms.

Volume 11 explores a range of oversight and complaint mechanisms that exist in Australia. Complaint mechanisms are systems used by an organisation to respond to a complaint.

It looks at current gaps, and the need to strengthen these mechanisms for people with disability.

Volume 11 has six chapters.

Chapter 1 – Adult safeguarding functions

Chapter 1 examines violence and abuse against people with disability at home and in public places. Public places include shops, parks, public transport, and on-line platforms such as social media.

It is a significant problem and is under reported.

In this chapter we recommend all states and territories introduce safeguarding laws. Safeguarding refers to actions that protect a person with disability from violence, abuse, neglect or exploitation.

These laws should establish a body to receive and respond to reports of violence and abuse of adults with disability in the community.

Chapter 2 – Independent complaint reporting, referral and support

This chapter looks at barriers faced by people with disability who wish to report violence, abuse, neglect or exploitation. 

A major barrier is the complexity of complaint systems. There are several bodies that handle and investigate complaints, such as police or ombudsmen.

They have different responsibilities and are controlled by different authorities. This makes it difficult for people to navigate.

In this chapter we recommend each state and territory have an accessible ‘one stop shop’ where people can get advice and information about reporting options. 

It needs to be much easier for people to report violence and abuse and get the right support when they do.

Chapter 3 – Optional Protocol to the Convention Against Torture

People with disability are over-represented in prisons, juvenile detention centres and police cells.

They have been mistreated in indefinite detention and solitary confinement. People with disability have faced neglect and sexual abuse in justice settings, such as prisons.

Chapter 3 looks at the Optional Protocol to the Convention Against Torture (OPCAT). Australia has ratified this convention but is yet to fully implement it.

OPCAT is a very important way of making sure people with disability in these settings are safe.

It is an international human rights instrument that monitors settings where people are not free, including prisons, immigration detention and mental health facilities.

In this chapter we recommend all governments fulfil the requirements of OPCAT by establishing independent bodies to monitor places of detention.

Chapter 4 – Community visitor schemes

Chapter 4 explores community visitor schemes.  In these schemes, individuals (who are volunteers or paid) independently monitor services or places that people with disability use. They must report on their work to relevant ministers and parliaments.

For example, they can visit a group home, check its documents and talk privately with people living there. They might help resolve issues or complaints.

Community visitors play an important role in promoting and protecting the rights and wellbeing of people with disability by identifying issues that may not be raised by people with disability.

They provide an early warning system to prevent abuse and neglect.

This chapter highlights the need for a nationally consistent approach to community visitor schemes.

Chapter 5 – Disability death review schemes

Many Australians with disability, especially people with intellectual disability and/or living in supported accommodation, are more likely to have a ‘potentially avoidable death’ and die before the age of 65 compared with the general population.

A ‘potentially avoidable death’ is a death that could have been prevented with proper health care.

Evidence suggests that reviewing the deaths of people with disability can help society understand the reasons for potentially avoidable deaths.

Reviews can also help society prevent potentially avoidable deaths.

In this chapter we recommend each state and territory have a disability death review scheme. The schemes should be nationally consistent.

Chapter 6 – Reportable conduct schemes

Chapter 6 looks at reportable conduct schemes. These schemes focus on children and young people, including children and young people with disability.

These schemes oversee the way organisations, such as schools, health services and religious bodies, handle allegations of child abuse or harm made against their employees. 

Children and young people with disability experience violence and abuse in a range of institutional settings including out-of-home care, schools and juvenile justice centres.

In this chapter we recommend that nationally consistent reportable conduct schemes operate in all states and territories. They would help prevent and respond to abuse against all children, including children with disability.

More information

For more information about our Final report, and to access all volumes, visit our website. Go to the ‘Publications’ section and click on ‘Final report’.

www.disability.royalcommission.gov.au

Volume 11 – Independent oversight and complaint mechanisms

Recommendations

Background

The Disability Royal Commission’s Final report tells the Australian Government what changes need to be made to prevent violence against, and abuse, neglect and exploitation of, people with disability.

We recommend change so people with disability can enjoy all human rights and freedoms fully and equally.

Our Final report has 12 volumes.

This video summarises recommendations in Volume 11 – Independent oversight and complaint mechanisms.

Complaint mechanisms are systems used by an organisation to respond to a complaint. Volume 11 explores a range of oversight and complaint mechanisms that exist in Australia.

It looks at current gaps, and the need to strengthen these mechanisms for people with disability.

This volume has 18 recommendations.

Adult safeguarding functions

There are legal mechanisms for responding to violence and abuse against children in the community.

New South Wales [Ageing and Disability Commission] and South Australia [Adult Safeguarding Unit] have also established adult safeguarding bodies.

These adult safeguarding bodies are filling an important gap in responding to violence and abuse against people with disability in the community.

We recommend that states and territories each:

• introduce laws to establish nationally consistent adult safeguarding bodies if they haven’t already. Each body would receive, assess and investigate reports. They would have powers to protect a person, for example, they could apply for a court order. They would also be able to inquire into and report on systemic issues.

• make sure adult safeguarding bodies are operated independently and are properly resourced and funded

• develop a National Adult Safeguarding Framework led by the adult safeguarding bodies.

‘One stop shop’ complaint reporting, referral and support mechanism

Complaint systems are very complex. It needs to be much easier for people with disability to report violence and abuse and get the right support when they do.

We recommend that states and territories each establish an independent ‘one stop shop’ complaint reporting, referral and support mechanism. This mechanism would for example:

• provide advice and information to people with disability about the right reporting options

• make referrals to complaints bodies, such as workplace or health complaints bodies, or advocacy services who can support them.

This one stop shop should be co-designed with people with disability.

Optional Protocol to the Convention Against Torture

The Optional Protocol to the Convention Against Torture (OPCAT) is an international human rights instrument that monitors settings where people are not free to leave.

These include prisons, immigration detention, aged and social care and mental health facilities.

We recommend that the Australian Government introduce laws that comply with OPCAT requirements.

This involves establishing independent monitoring bodies in all states and territories.

We recommend these bodies work in a disability inclusive way, for example, by enabling people with disability in detention to share information and experience in a variety of ways, such as through an interpreter or assisted technology.

Community visitor schemes

In community visitor schemes, individuals (who may be volunteers or paid) independently monitor services or places that people with disability use. They might help resolve issues or complaints.

We recommend that states and territories:

• urgently implement community visitor schemes for people with disability if they have not done so already

• make sure the schemes are resourced to conduct frequent visits to people at increased risk of abuse or harm

• agree to make the schemes nationally consistent regarding people with disability.

We recommend that the Australian Government:

• amend National Disability Insurance Scheme (NDIS) laws to formally recognise the schemes as a safeguard for people with disability

• allow information-sharing between the NDIS Quality and Safeguards Commission and the schemes.

Disability death review schemes

A potentially avoidable death is a death that could have been prevented with the right health care.

People with intellectual disability and/or who live in supported accommodation are more likely to have a potentially avoidable death.

Reviewing the deaths of people with disability can help society understand why they occur and how they can be prevented.

We recommend states and territories establish and properly resource disability death review schemes to review deaths of people with disability.

State and territory laws should define the circumstances in which a death should be reviewed.

A ‘reviewable death’ should include:

• deaths of people with disability living in:

  • supported accommodation

  • boarding houses

  • jail

  • acute health facilities, such as a locked psychiatric facility.

These schemes should:

• receive, assess and record reviewable deaths of people with disability

• monitor and review reviewable deaths

• make recommendations about policies and practices to prevent or reduce reviewable deaths.

Reportable conduct schemes

We recommend states and territories establish nationally consistent reportable conduct schemes, where they are not already in place. They would help prevent and respond to abuse against all children, including children with disability.

State and territory laws should ensure disability service providers that deliver services to children, including NDIS providers, are included in the reportable conduct scheme.

More information

For more information about our Final report, and to access all volumes, visit our website. Go to the ‘Publications’ section and click on ‘Final report’.

www.disability.royalcommission.gov.au