Volume 10 – Disability services

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 10 – Disability services.

Volume 10 examines the nature, extent and impact of violence, abuse, neglect and exploitation in disability service provision, and what can be done to prevent and respond to it.

In doing so, it considers the role and responsibilities of the National Disability Insurance Agency (NDIA) and National Disability Insurance Scheme Quality and Safeguards Commission (NDIS Commission).

This volume has two parts. Part A covers disability services while Part B focuses on NDIS Commission.

Part A – Disability service providers

Part A starts by setting out what people with disability told us about their experiences of violence, abuse, neglect and exploitation when accessing or receiving disability services.

This maltreatment can occur in people’s homes, in places where people go to receive disability services (such as day programs), or in services provided in the community.

People with disability described failures by disability services to prevent maltreatment, or to respond effectively to complaints and incidents.

They revealed problems in organisational cultures, systems, policies and practices that contributed to violence, abuse, neglect and exploitation.

They suggested many people with disability are not supported to learn or develop their skills and to participate in the community. This can cause lasting trauma and harm.

Part A of Volume 10 looks at measures to prevent maltreatment.

It discusses how service providers can embed human rights into their services. It also discusses the need to strengthen choice and control for people who use their services. 

Part A then examines how providers respond to complaints and incidents:

• Do they encourage or discourage people with disability from speaking up?

• How do they manage, investigate and report on incidents, feedback and complaints?

It discusses the need for providers to address barriers experienced by people with disability when raising concerns, making complaints and reporting incidents.

It also discusses the need for providers to consider forms of redress for people with disability who have experienced violence, abuse, neglect or exploitation.

The last chapter in Part A considers systemic issues that contribute to, or increase the risk of, maltreatment occurring in disability services.

It outlines the need to address workforce challenges, such as the casualisation of the workforce.

It outlines how improved working conditions, alongside effective recruitment, training and supervision of skilled disability support workers are essential to address these challenges.

Part B – NDIS Quality and Safeguards Commission

Part B provides information about the operation areas and functions of the NDIS Commission. The NDIS Commission is an oversight and regulatory agency.

While the main responsibility for preventing and responding to violence, abuse, neglect and exploitation lies with the relevant service providers, the NDIS Commission plays a key role.

• NDIS Commission operation areas and functions include:

• receiving incidents and complaints

• registering NDIS providers

• overseeing NDIS practitioners and providers

• monitoring compliance of NDIS providers

• receiving and using data to inform its own operations

• building the capacity of NDIS participants to understand their rights

• screening NDIS service workers.

The NDIS Commission also plays a critical role in identifying systemic issues and practice trends, and then sharing this information with the disability sector.

Part B makes several recommendations towards the NDIS Commission aimed at lifting the quality and safety of services, as well as enhancing its operations.

In particular we recommend that the NDIS Commission actively engages with NDIS participants and the disability sector. This way it can stay in touch with challenges being faced by NDIS participants and providers alike.

We also recommend the NDIS Commission increases its compliance and enforcement measures.

And that it develops safeguarding policies and procedures to help providers respond to incidents and complaints more effectively.

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 10 – Disability Services

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 some of the recommendations in Volume 10 – Disability services. 

Volume 10 examines the nature, extent and impact of violence, abuse, neglect and exploitation in disability service provision, and what can be done to prevent and respond to it.

In doing so, it considers the role and responsibilities of the National Disability Insurance Agency (NDIA) and National Disability Insurance Scheme Quality and Safeguards Commission (NDIS Commission).

This volume has 33 recommendations.

Embedding human rights in design and delivery of services

Disability services that are based on respect for human rights are critical for people with disability to exercise choice and control. Being denied choice and control can increase risk of violence, abuse, neglect and exploitation. 

We recommend:

• The NDIS Commission should contract a program to support disability service providers to embed human rights in the design and delivery of their services. The program should:

  • be co-designed with people with disability, disabled people’s organisations, disability representative organisations including First Nations Community Controlled Organisations, and peak bodies

  • develop tools, resources and training that reflect the diversity of people and disability service providers across Australia

  • begin by 1 July 2025.

Support coordination and independent advocacy

Support coordination is a service that assists NDIS participants to make the best use of their NDIS funding. However not all NDIS participants have funding for support coordination.

The quality of support coordination varies and support coordinators are not always independent.

We recommend: 

• The NDIA should make sure that NDIS participants who are at increased risk of violence, abuse, neglect or exploitation, particularly those living in supported accommodation, have funding for support coordination included in their NDIS plans. Funding should reflect their support and communication needs.

• The Minister for NDIS should amend an NDIS Rule making it clear that it is not appropriate for a provider of support coordination to be the provider of any other funded supports in an NDIS participant’s plans.

• The NDIS Commission should examine the quality and consistency of support coordination.

• The NDIA should develop a program to connect NDIS participants with an appropriate disability advocacy organisation.

National disability worker registration scheme

We also make recommendations to encourage workers to enter and remain in the disability support sector. There is a workforce shortage in disability services.

More established and recognised career pathways for people entering the disability support sector might help retain people in the workforce.

We recommend: 

• The Australian Government should establish a national disability worker registration scheme by 1 July 2028. The design of the scheme should include:

  • a code of conduct and minimum standards for registered disability support workers

  • making the NDIS Worker Screening Check compulsory for all disability support workers

  • continuing professional development requirements for disability support workers

  • a First Nations workforce pathway to address barriers to First Nations workers.

Model procedures

Along with disability services themselves, the NDIS Commission is responsible for preventing and responding to violence against, and abuse, neglect and exploitation of people with disability.

We make several recommendations towards the NDIS Commission aimed at lifting the quality and safety of services. We also recommend changes to strengthen the NDIS Commission operations. 

We recommend the NDIS Commission develop model procedures:

• for frontline workers – about recognising and reporting incidents, with clear definitions around what incidents must be reported and when

• for managing incidents – including guidance on reviewing and preventing incidents, as well as implementing wider system improvements

• for complaints – using person-centred approaches for managing and resolving complaints, and for providing support to a person who makes a complaint

• that address the need to consider the impact or harm caused to a participant. Model procedures should provide guidance on redress that should be offered to people with disability involved in incidents and complaints.

Monitoring reportable incidents

We recommend the NDIS Commission improve its internal procedures for monitoring reportable incidents, especially:

• communicating feedback about how well providers have handled incidents

• seeking clarification from providers, NDIS participants and their families when there are problems, particularly where participants have been harmed or who are at immediate risk of harm.

Improving complaint processes

We have made recommendations to improve complaint processes, for example, by:

• empowering the NDIS Commission to require a provider to investigate a complaint

• requiring the NDIS Commission to improve the accessibility of its complaints handling process by:

  • making information simple and easy to navigate

  • accommodating people’s preferred means of communication and making other adjustments as needed

  • implementing a strategy for ‘hard to reach’ groups.

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