Final Report - Volume 5, Governing for inclusion

Volume 5 – Governing for inclusion

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 5 – Governing for inclusion.

Volume 5 considers what governments can do at a national strategic level to improve outcomes for people with disability.

This includes strengthening policies, strategies, plans, agreements and leadership structures at the national level that affect people with disability.

This volume has three chapters:

• Chapter 1 explains how national disability policy is governed in Australia, including different strategies and agreements between governments.

• Chapter 2 assesses how effective national disability policy and strategy is, and recommends improvements.

• Chapter 3 assesses national disability governance, specifically the role of independent reporting and monitoring. It also assesses Australian Government leadership structures and recommends improvements.

Chapter 1 – National disability policy, strategy and governance arrangements

There are many national policies, strategies and agreements focused on disability across different levels of government. They have changed over time.

This chapter provides an overview of different arrangements, including:

• National Disability Agreement (NDA) – the agreement between the Australian Government and state and territory governments on disability policy and services. It was introduced in 2009 and is out of date.

• National Disability Insurance Scheme (NDIS) – a significant disability reform that was implemented from 2013 to 2020. Many agreements and policies support the NDIS.

• Australia’s Disability Strategy (ADS) 2021–2031 – released in December 2021. It is the current national disability policy framework.

• national disability governance arrangements – including the Disability Reform Ministerial Council, a forum for ministers from the Australian Government and state and territory governments.

The chapter also provides an overview of Australian Government structures for disability policy in the Social Services portfolio.

Chapter 2 – Strengthening national disability policy and strategy

A lot of different disability policy, strategy and governance arrangements have been put in place over the past decade.

However, some outcomes for people with disability in Australia remain poor, particularly when compared to those for people without disability.

In Chapter 2, we recommend ways to strengthen national disability policy and strategy arrangements.

These include:

• developing a new NDA between the Australian Government and state and territory governments. This would help governments collaborate and coordinate their work. It would support implementation of reforms requiring national attention and coordination, including recommendations of this inquiry.

• reviewing and updating the ADS to make sure it reflects the issues raised by our inquiry and the recommendations we made.

• reviewing and updating the disability strategies and plans of different states and territories to make sure they align with the updated ADS, and the issues raised and recommendations made by this inquiry.

• making sure different national disability agreements and strategies on areas like health, education and housing align with objectives and outcomes in ADS and the new NDA.

Chapter 3 – Reforming national disability governance

Governments need to do things differently to advance equality, inclusion and the rights of people with disability. National disability policy and strategy need to be supported by strong governance to drive change.

An important part of governance is monitoring and reporting. Effective and transparent monitoring and reporting can provide government with important information about what is working well and what is not.

It can influence government actions and priorities, and governments can be held to account.

In Chapter 3, we recommend a new independent body be established, called the National Disability Commission.

The National Disability Commission would:

• monitor and oversee the Disability Rights Act

• monitor and report on outcomes for people with disability

• monitor and report on the implementation of recommendations in our Final report

• promote research and information about best practice and innovative approaches to improve outcomes for people with disability.

For more information about a new Disability Rights Act, see Volume 4.

Currently, in the Australian Government, disability policy sits within the broad Social Services portfolio, and the Department of Social Services. This department is responsible for a range of other policies and programs along with disability.

We recommend:

• a portfolio just for disability and carers policies and programs

• a new dedicated minister for disability strategy, policies and programs

• a new department, the Department of Disability Equality and Inclusion. This department should be responsible for leading disability policy and programs in the Australian Government.

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 5 – Governing for inclusion

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 5 – Governing for inclusion.

Volume 5 considers what governments can do at a national strategic level to improve outcomes for people with disability. This includes strengthening policies, strategies, plans, agreements and leadership structures at the national level that affect people with disability.

It contains seven specific recommendations.

Recommendation 5.1

The Australian Government and state and territory governments should develop a new National Disability Agreement through the Disability Reform Ministerial Council.

The main objective of this agreement should be to advance equality, inclusion and the rights of people with disability in Australia.

The agreement should provide the framework for governments to work together to:

• develop and implement reforms that require attention and coordination from all governments across Australia. These reforms include recommendations from this Royal Commission.

• implement Australia’s Disability Strategy 2021–2031 (ADS) and the National Disability Insurance Scheme (NDIS).

The new agreement should be finalised by the end of 2024.

Recommendation 5.2

The Australian Government, state and territory governments and the Australian Local Government Association should review and update the ADS so it reflects the issues raised and recommendations made by this Royal Commission.

This review should:

• consider the ADS and all its plans, frameworks, principles and reporting arrangements

• involve people with disability and their representative organisations.

The updated ADS should be released by the end of 2024.

Recommendation 5.3

State and territory governments should review and update their disability strategies and plans so they reflect the issues raised and recommendations made by this Royal Commission.

These reviews should:

• consider how their strategies and plans align with the ADS

• involve people with disability and their representative organisations.

The reviews and updates should be completed by mid-2025.

Recommendation 5.4

The Australian Government and state and territory governments should review relevant national agreements, strategies and plans that affect people with disability.

The review should consider the following:

• How do they align with ADS?

• How are people with disability recognised in funding allocations?

• Do they include measures looking at outcomes for people with disability?

• Do they include specific action plans related to people with disability?

Examples of national agreements that should be reviewed include:

• National Agreement on Closing the Gap

• National Mental Health and Suicide Prevention Agreement.

Other agreements, strategies and plans to be reviewed should include those relating to:

• housing and homelessness

• emergency management, such as those for pandemics

• children and young people

• employment, education, training and skills

• health services

• family and sexual violence.

The reviews of current agreements, strategies and plans should be completed by the end of 2025.

Recommendation 5.5

The Australian Government should establish an independent National Disability Commission. This should be established under the new Disability Rights Act (see Volume 4 for more information about the Act).

This Commission should:

• monitor and oversee the Disability Rights Act

• monitor and report on outcomes for people with disability across Australia

• promote best practice and innovative approaches to improving outcomes for people with disability. It should do this by sharing information across:

  • governments

  • community sector

  • private sector

  • broader community.

• be chaired by a person with disability and be made up of a small group of commissioners. Most of the commissioners should be people with disability.

As part of its functions, the Commission should develop a report every two years on outcomes for people with disability.

The report should:

• report on outcomes achieved under the ADS

• compare outcomes of people with disability across different states and territories

• analyse data from the NDIS

The report should:

• analyse other information such as government reports on disability strategies and plans

• include views and experiences of people with disability, their families and carers

• recommend changes to improve outcomes for people with disability.

Recommendation 5.6

The Australian Government should establish:

• a Minister for Disability Inclusion. The Minister should be responsible for disability inclusion strategy, policies and programs currently the responsibility of the Minister for Social Services.

• a new Department for Disability Equality and Inclusion. This department should be responsible for policies and programs related to disability currently in the Department of Social Services

The Australian Government should recruit people with disability to the new department. People with disability should be included in leadership positions.

Recommendation 5.7

The Australian Government and state and territory governments should each have a ‘focal point’ for matters relating to implementing the Convention on the Rights of Persons with Disabilities (CRPD).

Each ‘focal point’ should be a designated government body.

At the Australian Government level, this should be the new Department of Disability Equality and Inclusion, alongside the Attorney-General’s Department.

Each CRPD focal point should include people with disability in leadership positions.

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