Listening to First Nations people with disability

We have made a brochure that describes what we heard from First Nations people with disability about the issues and challenges they face.

It also describes some of the changes needed to create an Australia where First Nations people with disability are included.

This video highlights some of the key information in this brochure.

About the Royal Commission

This Royal Commission was asked to look at how to:

• prevent people with disability from experiencing violence, abuse, neglect and exploitation

• improve reporting and responses

• make Australia more inclusive for people with disability.

We were asked to look at the particular experiences of First Nations people with disability.

Our inquiry had a strong focus on human rights of people with disability.

About the Final report

Our Final report brings together what we learned during our inquiry.

It has 12 volumes plus an introductory volume. The report has 222 recommendations in total.

The experiences of First Nations people with disability are woven throughout the report.

Volume 9 sets out themes and issues identified by First Nations people with disability. It proposes changes to strengthen the voices of First Nations people with disability.

The legacy of colonisation and the Stolen Generations

The experiences of First Nations people with disability are not separate from the impacts of colonisation, intergenerational trauma and racism experienced by First Nations people more generally.

First Nations people with disability experience the ‘double disadvantage’ of racism and disability.

These impacts are clear in the over-representation of First Nations people with disability in child protection and criminal justice systems, and the high rates of child removal, poverty and unemployment.

The legacy of the Stolen Generations broke connections with family, culture and Country. This has created feelings of shame and guilt about disability. Many avoid services because they don’t trust government authorities.

A culture of inclusion

Western approaches to disability often focus on medical diagnosis and what a person with disability cannot do.

Many First Nations people prefer a cultural model centred on inclusion.

This approach recognises that inclusion in culture and community has a positive impact on social health and wellbeing. This can protect them from harm experienced in everyday life.

Cultural safety

Connection with culture, Country, kin and community helps keep First Nations people with disability safe.

First Nations people with disability experience cultural safety when their identity as First Nations people is respected and celebrated along with their experiences and needs as a person with disability.

However, First Nations people with disability often have to choose between services that respond to their cultural needs or their disability needs.

They will avoid supports or services that are not culturally safe. 

We make recommendations to:

• strengthen the voices of First Nations people with disability through a First Nations Disability Forum

• revise the Disability Sector Strengthening Plan under the National Agreement on Closing the Gap

• develop disability-inclusive cultural safety standards in disability services

• boost the First Nations disability workforce in remote communities.

The unmet potential of the National Disability Insurance Scheme

First Nations people with disability experience major barriers to accessing the National Disability Insurance Scheme (NDIS). These barriers are worse in remote communities.

The NDIS is hard to navigate and there are not enough culturally safe services. Family members often step in to fill the gap, but without support they can experience burnout.

First Nations people with disability sometimes have to move away from Country to access services. This can have a big impact on families and communities.

We make recommendations to:

• increase the number of community connector programs, led by local communities and delivered by staff in local languages

• fund First Nations Community Controlled Organisations to deliver supports and services

• support return to Country for First Nations NDIS participants

• ensure family members are supported to care for First Nations people with disability.

Health care and treatment

First Nations people with disability are more likely to receive poor health care and have worse outcomes than non-Indigenous people with disability.

Negative stereotypes about First Nations people create barriers to accessing the health system.

A person’s health condition may be mis-diagnosed or diagnosed late due to a lack of culturally safe assessment tools.

Inclusive education

First Nations children with disability are often bullied and excluded from school.

Many are not given the support they need at school because of lack of funding, resources and cultural safety in schools.

Teachers don’t understand disability which can affect students’ learning and behaviour.

Schools need to provide a culturally safe environment and the right supports for First Nations students with disability.

Family and domestic violence

First Nations people with disability, particularly women and children, experience high rates of family violence. They face major barriers to support, services and justice.

Culturally safe support for First Nations people is needed to heal from trauma and break the cycle of abuse.

Child protection

First Nations parents and children with disability are over-represented in child protection systems.

Many First Nations women told us that sometimes when they looked for help for family violence, their children were removed.

When First Nations families are supported to exercise their right to self-determination and culture, it protects them from unnecessary intervention.

We look at four ways to support First Nations people with disability in contact with child protection systems:

• First Nations-led organisations need to be involved at all stages of child protection systems.

• Assessment and diagnosis of disability should be culturally safe.

• First Nations children should have access to culturally appropriate disability screening in out-of-home care.

• First Nations parents and children need early support particularly in remote areas.

Criminal justice

First Nations people with disability described racism and disability discrimination within the criminal justice system. They also told us about physical violence and the use of physical and chemical restraints.

Placing children with disability in detention exposes them to the risk of violence, abuse and neglect. It increases the chances they will become involved in the criminal justice system throughout their lives.

States and territories should raise the age of criminal responsibility to 14.

Proper cultural support and culturally appropriate screening can help First Nations people with disability interacting with the criminal justice system

What happens next?

We have asked the Australian Government and state and territory governments to publish written responses to our Final report by 31 March 2024.

In their responses, governments should tell the community which of the recommendations they plan to act on, which they do not and why, and which need more consideration.

All governments need to engage with First Nations people with disability to realise self-determination and create a more inclusive Australia.

More information

To access the full brochure, and for more information on our Final report, visit our website. Go to the ‘Publications’ section and click on ‘Final report’.

www.disability.royalcommission.gov.au