Footnotes

Executive Summary

[1]        Richard Baker and Nick McKenzie, 'Love of life affirmed in the blessing of the fisherman', The Age, 16 August 2013, and Richard Baker and Nick McKenzie, 'Yooralla senior executives accused of ignoring warning signs on rape claims, The Age, 21 November 2013.

Chapter 1 - Introduction

[1]        Australian Cross Disability Alliance, Submission 147, p. 6.

[2]        ABC TV, Four Corners, "In Our Care", 24 November 2014, http://www.abc.net.au/4corners/stories/2014/11/24/4132812.htm, (accessed 10 November 2015).

[3]        The coalition included Women With Disabilities Australia, People with Disability Australia, National Ethnic Disability Alliance, First People's Disability Network Australia and United Voices for People with Disabilities. See also: http://www.nationaldisabilityabuseinquiry.com/

[4]        United Nations, Convention on the Rights of Persons with Disabilities, Article 4.1, http://www.un.org/disabilities/default.asp?id=199, (accessed 10 September 2015).

[5]        United Nations, Convention on the Rights of Persons with Disabilities, Article 6.3, (accessed 10 September 2015).

[6]        Of the nine pending cases, seven cases relate to the indefinite detention of persons with an intellectual impairment, two relate to the lack of Auslan interpretation for jurors and the last case relates to the denial of a working via for medical reasons. United Nations, Committee on the Rights of Persons with Disabilities, Table of pending cases, http://www.ohchr.org/EN/HRBodies/CRPD/Pages/Tablependingcases.aspx, (accessed 10 September 2015).

[7]        Senate Community Affairs References Committee, Completed inquiries and reports, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/completed_inquiries (accessed 14 September 2015).

[8]        Senate Community Affairs References Committee, Involuntary or coerced sterilisation of people with disabilities in Australia, October 2013 and Inquiry into Planning Options and Services for People Ageing with a Disability, July 2011, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Completed_inquiries/2010-13, (accessed 14 September 2015).

[9]        Senate Community Affairs References Committee, Past public hearings and transcripts, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/ Violence_abuse_neglect/Public_Hearings, (accessed 18 September 2015).

[10]      Ms Mary Mallet, Chief Executive Officer, Disability Advocacy Network Australia, Committee Hansard, Canberra, 21 August 2015, p.15.

[11]      United Nations, Convention on the Rights of Persons with Disabilities, Article 1, http://www.un.org/disabilities/default.asp?id=199 (accessed 10 September 2015).

[12]      United Nations, Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities, Chapter One: Overview, http://www.un.org/disabilities/default.asp?id=212, (accessed 10 September 2015).

[13]      Australian Bureau of Statistics (ABS), Survey of Disability, Ageing and Carers, Australia: Summary of Findings, Disability Characteristics, cat. no. 4430.0, ABS, Canberra 2012.       See: http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/3A5561E876CDAC73CA257C210011 AB9B?opendocument

[14]      ABS, Survey of Disability, Ageing and Carers, Australia: Summary of Findings, Disability Long-Term Health Conditions, ABS, Canberra, 2012.

[15]      ABS, Survey of Disability, Ageing and Carers, Australia: Summary of Findings, Disability Characteristics, ABS, Canberra, 2012.

[16]      Council of Australian Governments (CoAG), National Disability Strategy 2010-2020, February 2011, p. 14. See: https://www.coag.gov.au/sites/default/files/national_disability_strategy_2010-2020.pdf (accessed March 2015).

[17]      CoAG, National Disability Strategy 2010-2020,  February 2011, p. 14.

[18]      ABS, Survey of Disability, Ageing and Carers, Australia: Summary of Findings, Disability Characteristics, ABS, Canberra, 2012, http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/ 3A5561E876CDAC73CA257C210011AB9B?opendocument (accessed March 2015).

[19]      ABS, Survey of Disability, Ageing and Carers, Australia: Summary of Findings, Disability Characteristics, ABS, Canberra, 2012.

[20]      ABS, Survey of Disability, Ageing and Carers, Australia: Summary of Findings, Disability Assistance, ABS, Canberra, 2012.

[21]      ABS, Survey of Disability, Ageing and Carers, Australia: Summary of Findings, Older People, ABS, Canberra, 2012. 

[22]      CoAG, National Disability Strategy 2010-2020,  February 2011, pp 38-39, https://www.coag.gov.au/sites/default/files/national_disability_strategy_2010-2020.pdf (accessed July 2015)

[23]      Australian Cross Disability Alliance, Submission 147, p. 6.

[24]      Ms Peta Green, Bolshy Divas, Committee Hansard, Perth, 10 April 2015, p. 11.

Chapter 2 - International and national frameworks

[1]        United Nations, Convention on the Rights of Persons with Disabilities (Disability Convention), opened for signature 30 March 2007, 2515 UNTS 3 (entered into force 3 May 2008), http://www.un.org/disabilities/convention/conventionfull.shtml (accessed 2 October 2015).

[2]        The international human rights treaties ratified by Australia are listed at: http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=AUS&Lang=EN, (accessed 2 October 2015).

[3]        Dr Linda Steel, School of Law University of Wollongong, Submission 94, p.10.

[4]        Hilary Charlesworth, 'The Declaration on The Elimination of All Forms of Violence Against Women', ASIL Insight, 1994, vol. 3, p. 2, http://www.law-lib.utoronto.ca/diana/fulltext/char3 .htm (accessed 2 October 2015).

[5]        Law Council of Australia, Submission 139, pp 14-15.

[6]        The Disabilities Convention is supplemented by an Optional Protocol, which provides a complaint mechanism for individuals who allege a violation of their rights under the Convention. Australia ratified this protocol on 21 August 2009.

[7]        Also see: Convention on the Elimination of All Forms of Discrimination against Women, http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx (accessed 2 October 2015).

[8]        Also see: Convention on the Rights of the Child, http://www.ohchr.org/EN/ProfessionalInterest /Pages/CRC.aspx (accessed 2 October 2015).

[9]        Also see: International Covenant on Civil and Political Rights, http://www.ohchr.org/en/ professionalinterest/pages/ccpr.aspx (accessed 2 October 2015).

[10]      Disability Convention, Declarations and Reservations: Australia, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY& mtdsg_no=IV-15&chapter=4&lang=en#EndDec (accessed 13 October 2015).

[11]      Committee on the Rights of Persons with Disabilities (UN Disability Committee), Implementation of the Convention on the Rights of Persons with Disabilities, Initial reports submitted by States parties under article 35 of the Convention, Australia, UN Doc. CRPD/C/AUS/1, 2010, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download. aspx?symbolno=CRPD%2fC%2fAUS%2f1&Lang=en (accessed 2 October 2015).

[12]      UN Disability Committee, Concluding Observations Australia, UN Doc. CRPD/C/AUS/CO/1, 2013, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno =CRPD%2fC%2fAUS%2fCO%2f1&Lang=en  (accessed 2 October 2015).

[13]      UN Disability Committee, Concluding Observations Australia, UN Doc. CRPD/C/AUS/CO/1, 2013, pp 2–4.

[14]      UN Disability Committee, Concluding Observations Australia, UN Doc. CRPD/C/AUS/CO/1, 2013, p. 5.

[15]      While many submitters alluded to this issue, the following submitters made explicit reference to Australia's international obligations not being met: Families Australia, Submission 3; Queensland Aged Disability Advocacy Service, Submission 30; Federation of Ethnic Communities Councils of Australia, Submission 39; Queensland Advocacy Incorporated, Submission 43; Queenslanders with Disability Network, Submission 52; Australian Lawyers for Human Rights, Submission 99; Deakin University, Submission 109; Consumers of Mental Health WA, Submission 110; Law Council of Australia, Submission 139; Children with Disability Australia, Submission 144.

[16]      Australian Lawyers for Human Rights (ALHR), Submission 99, p. 2.

[17]      As defined by the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

[18]      Submission 99, pp 3-8.  

[19]      Submission 99, p. 10.

[20]      Disability Alliance, Submission 147, p. 22.

[21]      Submission 147, pp 22-25.

[22]      Sonia Di Mezza, ADACAS, Committee Hansard, 21 August 2015, Canberra, p. 33.

[23]      Pauline Williams, Action for More Independence in Disability Accommodation, Committee Hansard, 30 June 2015, Melbourne, p. 52.

[24]      ALHR, Submission 99, p. 3.

[25]      Ms Mary Woodward, Committee Hansard, 27 August 2105, Sydney, p. 31.

[26]      Council of Australian Governments (CoAG), Communiqué, Canberra, 29 November 2008, https://www.coag.gov.au/sites/default/files/2008-29-11.pdf (accessed 2 October 2015.)

[27]      CoAG, National Disability Agreement, November 2008, http://www.federalfinancialrelations.gov.au/content/npa/disability/national-agreement.pdf (accessed 2 October 2015).

The shared roles and responsibilities relate to: national policy and reform directions; research; continuity of care; reforms to improve outcomes for Aboriginal and Torres Strait Islander peoples; provision of data; and implementation of commitments under the National Partnership Agreement on Transitioning Responsibilities for Aged Care and Disability Services.

[28]      CoAG, National Disability Agreement, 2008, p. 4.

[29]      CoAG, National Disability Agreement, 2008, p. 5. Under the National Health Reform Agreement, Victoria and Western Australia retain responsibility for basic community care, aged care and disability services, and certain reconciliation arrangements. Accordingly, their responsibilities under the National Disability Agreement are different to other jurisdictions in respect of these areas: Commonwealth of Australia, National Health Reform Agreement, 2011, Schedule F, p. 53.

[30]      Australian Government, Budget measures: budget paper no. 3: 2015–16, 2015, p. 10, http://www.budget.gov.au/2015-16/content/bp3/download/BP3_consolidated.pdf (accessed 2 October 2015).

[31]      CoAG, Communiqué, Canberra, 29 November 2008, p. 2.

[32]      Australian Government, Budget measures: budget paper no. 3: 2015–16, 2015, p. 10, http://www.budget.gov.au/2015-16/content/bp3/download/BP3_consolidated.pdf (accessed 2 October 2015).

[33]      The National Disability Strategy, 2010–2020 was developed in response to a 2009 National People with Disabilities and Carer Council report, Shut Out: The Experience of People with Disabilities and their Families in Australia, https://www.dss.gov.au/sites/default/ files/documents/05_2012/nds_report.pdf  (accessed 2 October 2015).

[34]      Commonwealth of Australia, National Disability Strategy, 2010–20, 2011, p. 9, http://www.coag.gov.au/sites/default/files/national_disability_strategy_2010-2020.pdf (accessed 2 October 2015).

[35]      Commonwealth of Australia, National Disability Strategy, 2010–20, 2011, pp 8–9.

[36]      The six policy areas are: inclusive and accessible communities; rights protection, justice and legislation; economic security; personal and community support; learning and skills; and health and wellbeing.

[37]      There will be three implementation plans: Laying the Groundwork 2011–2014; Driving Action 2015–2018; and Measuring Progress 2019–2020 (only the first has been released).

[38]      Commonwealth of Australia, National Disability Strategy, 2010–20, 2011, p. 41 (especially 2.6– 2.7, 2.9 and 2.11­–12).

[39]      Adelaide People First, Submission 116, p. 30.

[40]      Mr Damien Grffis, Chief Executive Officer, First Peoples Disability Network Australia; Australian Cross Disability Alliance, Committee Hansard, Sydney, 27 August 2015, p. 49.

[41]      Families Australia, Submission 3, p. 3 and Children with Disability Australia, Submission 144, pp 35-36.

[42]      See: Standing Council of Community and Disability Services on the National Disability Strategy, The National Disability Strategy 2010–2020 Report to COAG 2012, 2012, https://www.dss.gov.au/our-responsibilities/disability-and-carers/program-services/government-international/national-disability-strategy-2010-2020-report-to-coag-2012 (accessed 2 October 2015).

[43]      The Hon Kevin Rudd MP, Prime Minister, the Hon Nick Sherry MP, Assistant Treasurer, the Hon Jenny Macklin MP, Minister for Families, Housing, Community Services and Indigenous Affairs, the Hon Bill Shorten MP, Parliamentary Secretary for Disabilities and Children's Services, 'Australian Government to consider new approaches to disability', Joint media release No. 093, 23 November 2009, https://www.dss.gov.au/our-responsibilities/disability-and-carers/program-services/government-international/national-disability-strategy-2010-2020-report-to-coag-2012 (accessed 2 October 2015).

[44]      Productivity Commission (PC), Disability Care and Support, Report No. 54, Canberra, 31 July 2011, http://www.pc.gov.au/inquiries/completed/disability-support/report (accessed 2 October 2015).

[45]      PC, Disability Care and Support, Report No. 54, Volume 1, Canberra, 31 July 2011, p. 2.

[46]      CoAG, Communiqué, Canberra, 19 August 2011, http://www.coag.gov.au/node/76 (accessed 2 October 2015).

[47]      National Disability Insurance Scheme (NDIS), Our Sites, http://www.ndis.gov.au/about-us/our-sites (accessed 2 October 2015.)

[48]      NDIS, Our Sites, http://www.ndis.gov.au/about-us/our-sites, accessed 2 October 2015. Western Australia has not yet signed up to the scheme as it is trialling the National Disability Insurance Scheme My Way model in two locations (Lower South West and Cockburn–Kwinana): http://disability.wa.gov.au/wa-ndis-my-way/wa-ndis-my-way/ (accessed 5 November 2015).

[49]      NDIS, NDIS in the ACT, http://www.ndis.gov.au/about-us/our-sites (accessed 2 October 2015).

[50]      The Hon Robert McClelland MP, Attorney­‑General, and the Hon Kate Ellis MP, Minister for the Status of Women, 'National Plan to Reduce Violence Against Women and Children', joint media release, 15 February 2011, http://kateellis.com.au/newsroom/443/ (accessed 2 October 2015).

[51]      The Action Plans due for future release are the Third Action Plan: Promising Results 2016–2019 and the Fourth Action Plan: Turning the Corner 2019–2022.

[52]      Commonwealth of Australia, First Action Plan: Building a Strong Foundation 2010–2013, 2012, p. 7, https://www.dss.gov.au/sites/default/files/documents/07_2014/ first_action_plan_1.pdf (accessed 2 October 2015).

[53]      Commonwealth of Australia, First Action Plan: Building a Strong Foundation 2010–2013, 2012, p. 27.

[54]      Women With Disabilities Australia (WWDA), About Us, Stop the Violence website, http://www.stvp.org.au/about.htm, accessed 29 September 2015. Also see:  Commonwealth of Australia, Second Action Plan: Moving Ahead 2013–2016, 2013, p. 54, https://www.dss.gov.au/sites/default/files/documents/09_2014/dss012_14_book_tagged_reduced.pdf (accessed 2 October 2015).

[55]      Australian Human Rights Commission (AHRC), Submission 57, p. 2.

[56]      WWDA, Report of the Proceedings and Outcomes, National Symposium on Violence Against Women and Girls with Disabilities, Sydney, 25 October 2013, pp 22‑30, http://www.stvp.org.au/documents/STVP%20Outcomes%20Paper.pdf (accessed 2 October 2015).

[57]      Commonwealth of Australia, Second Action Plan: Moving Ahead 2013–2016, 2013, p. 54.

[58]      Commonwealth of Australia, Second Action Plan: Moving Ahead 2013–2016, 2013, p. 11.

[59]      Commonwealth of Australia, Second Action Plan: Moving Ahead 2013–2016, 2013, p. 11.

[60]      WWDA, Report of the Proceedings and Outcomes, National Symposium on Violence Against Women and Girls with Disabilities, Sydney, 25 October 2013, p. 28.

[61]      Health Outcomes International, National Plan to Reduce Violence against Women and their Children 2010–2022, Evaluation Plan, 3 June 2014, pp 12 and 17, https://www.dss.gov.au/ sites/default/files/documents/06_2014/evaluation_plan.pdf (accessed 2 October 2015).

[62]      CoAG, Communiqué, Hobart, 30 April 2009, https://www.coag.gov.au/sites/default/files/2009-04-30.pdf (accessed 2 October 2015).

          CoAG, Protecting Children is Everyone's Business, National Framework for the Protection of Australia's Children 2009–2020, 2009, https://www.coag.gov.au/sites/default/files/ child_protection_framework.pdf (accessed 2 October 2015).

[63]      CoAG, Protecting Children is Everyone's Business, National Framework for the Protection of Australia's Children 2009–2020, 2009, p. 11.

[64]      Committee Hansard, Sydney, 27 August 2015, p. 40.

[65]      Parliament of Victoria, Family and Community Development Committee, Inquiry into Abuse in Disability Services, August 2015, http://www.parliament.vic.gov.au/images/stories/ committees/fcdc/inquiries/58th/Abuse_in_disability_services/FCDC_58-01_Interim_Report_-_Abuse_in_Disability_Services.pdf (accessed 2 October 2015).

[66]      Victorian Ombudsman, Reporting and investigation of allegations of abuse in the disability sectors: Phase 1–the effectiveness of statutory oversight, June 2015, https://www.ombudsman.vic.gov.au/Investigations/Investigation-into-disability-abuse-reporting (accessed 2 October 2015).

[67]      AHRC, Equal before the law: towards disability justice strategies, February 2014, p. 1, https://www.humanrights.gov.au/our-work/disability-rights/publications/equal-law (accessed 2 October 2015).

[68]      See: Additional information, Department of Justice and Attorney-General Disability Service Plan 2014-16: Year one progress report, from Queensland Department of Justice and Attorney-General, received 12 October 2015.

[69]      Victorian Equal Opportunity and Human Rights Commission, Beyond Doubt: the experiences of people with disabilities reporting crime, July 2014, pp 6–9, http://www.humanrightscommission.vic.gov.au/index.php/our-resources-and-publications/reports/item/894-beyond-doubt-the-experiences-of-people-with-disabilities-reporting-crime (accessed 2 October 2015). The report addressed a number of recommendations to the Victorian Government, Victoria Police, the Department of Justice and others.

[70]      Australian Law Reform Commission (ALRC), Equality, Capacity and Disability in Commonwealth Laws, ALRC Report 124, August 2014, http://www.alrc.gov.au/inquiries/legal-barriers-people-disability (accessed 2 October 2015).

[71]      Royal Commission into Institutional Responses to Child Sexual Abuse, Interim Report, Volume 1 2014, 2014, pp 8 and 112-113, http://www.childabuseroyalcommission.gov.au/getattachment/ 7014dd2f-3832-465e-9345-6e3f94dd40eb/Volume-1 (accessed 2 October 30 September 2015).

[72]      In December 2010, COAG Community and Disability Services Ministers established a working group to develop a nationally consistent approach to Working with Children Checks in response to an action item under the National Framework for Protecting Australia's Children 2009-2020. The position paper prepared by the working group in 2011 noted that legislative reform and alignment of screening practices as a stand-alone measure 'does not afford sufficient protection to children' and would require 'substantial investment of resources to bring the data and related information management mechanisms into line'. Rather than nationally harmonised legislation, the working group favoured 'a national commitment to ongoing checking, consistent risk management strategies at the organisational level and communication strategies that make it simpler to find out what is allowed when working or volunteering in another jurisdiction'. Consistent with this position, in its annual report on the Framework to COAG in 2011-12, DSS noted that jurisdictions have 'undertaken a range of reforms and implemented program revisions on an individual basis'. See: Department of Social Services, 'Position Paper: Toward a Nationally Consistent Approach to Working with Children Checks', June 2011, https://www.dss.gov.au/our-responsibilities/families-and-children/publications-articles/a-nationally-consistent-approach-to-working-with-children-checks-2011 (accessed 20 November 2015).

[73]      Royal Commission into Institutional Responses to Child Sexual Abuse, Working with Children Checks Report, 17 August 2015, p. 6, https://www.childabuseroyalcommission.gov.au/policy-and-research/working-with-children-checks (accessed 20 November 2015).

[74]      P French et al, Rights Denied: Towards a national policy agenda about abuse, neglect and exploitation of persons with cognitive impairment, People with Disability Australia, 2009, http://www.pwd.org.au/documents/pubs/RightsDenied2010.doc (accessed 2 October 2015).

[75]      Australian Institute of Family Studies, The nature and extent of sexual assault and abuse in Australia, 2012, http://www3.aifs.gov.au/acssa/pubs/sheets/rs5/, (accessed 29 September 2015).

[76]      Dr Suellen Murray and Dr Anastasia Powell, 'Sexual assault and adults with a disability: Enabling recognition, disclosure and a just response', Issue No. 9/2008, AIFS, http://www3.aifs.gov.au/acssa/pubs/issue/i9.html, (accessed 29 September 2015).

[77]      Dr Suellen Murray and Dr Anastasia Powell, 'Sexual assault and adults with a disability: Enabling recognition, disclosure and a just response', Issue No. 9/2008, AIFS.

[78]      People with Disability Australia Incorporated, Submission 77, p. 2.

[79]      Answers to questions on notice, received from Australian Bureau of Statistics (ABS) on 11 November 2015, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/ Community_Affairs/Violence_abuse_neglect/Additional_Documents (accessed 11 November 2015). See also: Department of Social Services, National Centre for Longitudinal Data, 23 October 2015, https://www.dss.gov.au/about-the-department/national-centre-for-longitudinal-data (accessed 11 November 2015).

[80]      Answers to questions on notice, received from Australian Bureau of Statistics (ABS) on 11 November 2015.

[81]      Australian Institute of Health and Welfare, A new approach to national child protection data: implementation of the Child Protection National Minimum Data Set, Child Welfare Series No. 59, 2014, p. 4, http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129548810 (accessed 6 October 2015).

[82]      National Disability Abuse and Neglect Hotline, http://www.disabilityhotline.net.au/about-the-hotline/ (accessed 29 September 2015).

[83]      Ms Samantha Connor, Researcher, People with Disabilities WA, Committee Hansard, Perth, 10 April 2015, p. 34.

[84]      Department of Social Services, Submission 104, p. 6.

[85]      Mr James Christian PSM, Group Manager, Disability Employment and Carers, Department of Social Services, Committee Hansard, Canberra, 21 August 2015, p. 1.

[86]      Disability Convention (CRPD/C/AUS/CO/1), p. 7, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRPD%2 fC%2fAUS%2fCO%2f1&Lang=en (accessed 8 September 2015).

[87]      Disability Convention (CRPD/C/AUS/CO/1), p. 7.

[88]      Disability Convention (CRPD/C/AUS/CO/1), p. 8.

[89]      Disability Convention (CRPD/C/AUS/CO/1), p. 8.

[90]      Commonwealth of Australia, National Disability Strategy, 2010–20, 2011, p. 69, https://www.dss.gov.au/sites/default/files/documents/05_2012/national_disability_strategy_2010_2020.pdf (accessed 12 October 2015).

[91]      Human Rights Commission, Submission 57, p. 3.

[92]      Submission 57, p. 3.

[93]      UN Permanent Forum on Indigenous Issues, Study on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with regard to the full enjoyment of human rights and inclusion in development, E/C.19/2013/6, 5 February 2013, pp 15–16, http://www.un.org/disabilities/documents/ecosoc/e.c.19.2013.6.pdf (accessed 24 September 2015).

[94]      Human Rights Commission, Children's Rights Report 2014, 2014, p. 61, https://www.humanrights.gov.au/sites/default/files/document/publication/Children%27s%20Rights%20Report%202014_2.pdf, (accessed 9 September 2015).

[95]      Human Rights Commission, Submission 57, p. 3.

[96]      People with Disability Australia Incorporated, Submission 77, p. 3.

[97]      Submission 57, p. 2.

Chapter 3 - Lived experience of violence, abuse and neglect

[1]        Ms Carolyn Frohmader, Executive Director, Women with Disabilities Australia; Australian Cross Disability Alliance, Committee Hansard, Sydney, 27 August 2015, p. 37. See also: Australian Cross Disability Alliance, Submission 147, p. 6.

[2]        The Disability Clothesline collates accounts about people with disability who have been abused or neglected and aims to break the silence about violence, and abuse against people with disability. See: http://disabilityclothesline.weebly.com/

[3]        Disability Clothesline, Submission 68, p. [1].

[4]        Submission 68, p. [2].

[5]        Australian Cross Disability Alliance, Supplementary Submission 147, p. 8.

[6]        Disability Clothesline, Submission 68, p. [87].

[7]        Submission 68, p. [88].

[8]        Deakin University, Submission 109, p. 5.

[9]        Submission 109, p. 5. See also: NSW Disability Network Forum, Submission 55, p. 2.

[10]      Ms Samantha Connor, Researcher, People with Disability WA, Committee Hansard, Perth, 10 April 2015, p. 33.

[11]      Disability Clothesline, Submission 68, p. [67].

[12]      ABS 4430.0, Disability, Ageing and Carers, Australia: Summary of Findings, 2012, http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/4430.02012?OpenDocument (accessed 25 September 2015).

[13]      Submission 68, p. [83-84].

[14]      Disability Clothesline, Submission 68, p. [67].

[15]      Submission 68, p. [67].

[16]      Submission 68, p. [67]. See also: Queensland Crime and Misconduct Commission, Report of an inquiry conducted by the Honourable D G Stewart into allegations of official misconduct at the Basil Stafford Centre, March 1995.

[17]      Ms Joyce Langmaid, Submission 115, p. [1].

[18]      Youth Disability Advocacy Service, Submission 88, pp [2–3].

[19]      Mr Peter Marshall, Submission 153, pp 3-4.

[20]      Mrs Sonia Di Mezza, Deputy CEO, ACT Disability, Aged and Carer Advocacy Service, Committee Hansard, Canberra, 21 August 2015, p. 35.

[21]      Christopher Knaus, 'Body left unsupervised, staff not to call police after dementia ward killing', The Canberra Times, 4 May 2015, http://www.canberratimes.com.au/act-news/body-left-unsupervised-staff-told-not-to-call-police-after-dementia-ward-killing-20150504-1mzfry.html (accessed 25 September 2015).

[22]      Megan Gorrey and Christopher Knaus, 'Narrabundah Jindalee Aged Care Residence nursing staff did not check pulse of man found dead in dementia ward', The Canberra Times, 24 September 2015, http://www.canberratimes.com.au/act-news/narrabundah-jindalee-aged-care-residence-nursing-staff-did-not-check-pulse-of-man-found-dead-in-dementia-ward-20150924-gjtsuu.html (accessed 25 September 2015).

[23]      Mrs Sonia Di Mezza, Deputy CEO, ACT Disability, Aged and Carer Advocacy Service, Committee Hansard, Canberra, 21 August 2015, p. 33.

[24]      Senate Community Affairs References Committee, Adequacy of existing residential care arrangements available for young people with severe physical, mental or intellectual disabilities in Australia, June 2015. In the context of aged care, 'young people' are deemed to be 65 years of age or under.

[25]      Ms Susan Salthouse, Committee Hansard, Canberra, 21 August 2015, p. 28.

[26]      Ms Sharon Richards, Committee Hansard, Perth, 10 April 2015, p. 5.

[27]      Ms Sharon Richards, Committee Hansard, Perth, 10 April 2015, p. 3.

[28]      Moreland Community Legal Centre, Submission 87, p. 3.

[29]      Submission 87, pp 3-6.

[30]      P.Kell, W. Vialle, D. Konza and G. Vogl (eds), Learning and the learner: exploring learning for the new times, University of Wollongong, 2008, p. 39.

[31]      Australian Bureau of Statistics, 4429.0—Profiles of Disability, Australia, 2009: Children at School with Disability, June 2012, http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/ 4429.0main+features100302009 (accessed 30 September 2015).

[32]      Children with Disability Australia, Submission 144, p. 6.

[33]      Ms Joyce Langmaid, Submission 115, p. [5].

[34]      Families Australia, Submission 3, p. [3].

[35]      Australian Cross Disability Alliance, Submission 147, p. 40.

[36]      Children with Disability, Submission 144.

[37]      Ms Fiona Given, Submission 34, pp [1–2].

[38]      Submission 34, pp [1–2].

[39]      Ms Fiona Given, Committee Hansard, Sydney, 27 August 2015, p. 14

[40]      Ms Fiona Given, Committee Hansard, Sydney, 27 August 2015, pp 14–15.

[41]      Ms Anna Lorcan, Submission 24, p. [1].

[42]      Ms Kelly Vincent MLC, Dignity for Disability, South Australian Parliament, Committee Hansard, Adelaide, 28 August 2015, p. 58. See also: Deakin University, Submission 109,

[43]      Families Australia, Submission 3, p. [3].

[44]      Mrs Catherine McKenzie, Submission 100, p. [1].

[45]      Submission 100, p. [1].

[46]      Ms Julie Phillips, Submission 131, p. 49.

[47]      Mrs Carmen Pratt-Hincks, Committee Hansard, Perth, 10 April 2015, p. 27.

[48]      Ms Zel Iscel, Member, Bolshy Divas, Committee Hansard, Perth, 10 April 2015, p. 14. See also evidence from Ms Connor on this page and page 16. The Bolshy Divas came prepared with over 550 stories from individuals and groups of violence, abuse and neglect against people with disability.

[49]      Ms Jackie Softly, Member, Bolshy Divas, Committee Hansard, Perth, 10 April 2015, p. 18.

[50]      Name withheld, Submission 54, p. [1].

[51]      Name withheld, Submission 54, p. [2].

[52]      Working Alongside People with Intellectual and Learning Disabilities –Sexual Violence Prevention Association, Submission 127, pp 3-5.

[53]      Children with Disability Australia, Submission 144, p. 9.

[54]      Consumers of Mental Health WA, Submission 110, p. 16.

Chapter 4 - Disability-specific interventions

[1]        Australian Law Reform Commission (Law Reform Commission), 'For your information: Australian Privacy Law and Practice' (Law Reform Commission Report No. 108), August 2008, p. 2344, http://www.alrc.gov.au/sites/default/files/pdfs/publications/108_vol3.pdf (accessed 22 October 2015). See also: Masterman-Lister v Brutton & Co [2003] 3 All ER 162, 169; L v Human Rights and Equal Opportunity Commission (2006) 233 ALR 432.

[2]        Victorian Law Reform Commission, 'Guardianship: Final Report', April 2012, p. 98, http://www.lawreform.vic.gov.au/projects/guardianship-final-report (accessed 22 October 2015).

[3]        Victorian Law Reform Commission, 'Guardianship: Final Report', April 2012, p. 98.

[4]        Victorian Law Reform Commission, 'Guardianship: Final Report', April 2012, p. 121.

[5]        Australian Cross Disability Alliance, Submission 147, p. 44.

[6]        Law Institute of Victoria in: Law Council of Australia, Submission 139, p. 16.

[7]        Queensland Aged and Disability Advocacy Service, Submission 30, p. 2.

[8]        United Nations Convention on the Rights of Persons with Disabilities, Declarations and Reservations: Australia, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&lang=en#EndDec (accessed 13 October 2015).

[9]        United Nations Committee on the Rights of Persons with Disabilities, General comment No.1 (2014), Eleventh Session, 31 March – 11 April 2014, p.1,  http://tbinternet. ohchr.org/_layouts /treatybodyexternal/Download.aspx?symbolno=CRPD/C/GC/1 (accessed 27 October 2015).

[10]      Committee on the Rights of Persons with Disabilities, General comment No.1 (2014), Eleventh Session, 31 March – 11 April 2014, p.2.

[11]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, p. 47, https://www.alrc.gov.au/publications/equality-capacity-disability-report-124 (accessed 21 September 2015)

[12]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, p. 24.

[13]      Australian Cross Disability Alliance, Submission 147, p. 45.

[14]      Mr David, Chief Executive Officer, National Disability Insurance Agency, Committee Hansard, Melbourne, 30 June 2015, p. 38.

[15]      JacksonRyan Partners, Submission 42 Attachment 12.

[16]      Law Council of Australia, Submission 139, pp 13–14.

[17]      Dr Linda Steele, Law Faculty, University of Wollongong, Committee Hansard, Canberra, 21 August 2015, p. 31.

[18]      Australian Cross Disability Alliance, Submission 147, pp 45­–46.

[19]      Dr Linda Steele, School of Law University of Wollongong, Submission 94, p. 3.

[20]      Ms Kelly Vincent, MLC, Committee Hansard, Adelaide, 28 August 2015, p. 56.

[21]      Submission 94, p. 6.

[22]      Mr Kevin Cocks, Committee Hansard, Brisbane, 16 October 2015, p. 43.

[23]      Mr Kevin Cocks, Commissioner, Anti-Discrimination Commission, Queensland, Committee Hansard, Brisbane, 16 October 2015, p. 43.

[24]      Intellectual Disability Rights Service, Guardianship and administration laws across Australia, p. 13, http://www.idrs.org.au/pdf/Guardianship_and_administration_laws_across_ Australia_by_Ben_Fogarty.pdf (accessed 7 October 2015)

[25]      Intellectual Disability Rights Service, Guardianship and administration laws across Australia, p. 2.

[26]      Intellectual Disability Rights Service, Guardianship and administration laws across Australia, p. 2.

[27]      Intellectual Disability Rights Service, Guardianship and administration laws across Australia, p. 13.

[28]      Mr Graeme Smith, Public Guardian, Office of the Public Guardian, New South Wales Department of Justice, Committee Hansard, Sydney, 27 August 2015, p. 24.

[29]      NSW Civil and Administrative Tribunal, Guardianship Division, August 2015, http://www.ncat.nsw.gov.au/Pages/guardianship/guardianship.aspx (accessed 7 October 2015).

[30]      Australian Cross Disability Alliance, Submission 147, pp 59–60.

[31]      North Australian Aboriginal Justice Agency, Submission 138, p. 4.

[32]      North Australian Aboriginal Justice Agency, Submission 138, p. 4.

[33]      Australian Cross Disability Alliance, Submission 147, p. 17.

[34]      Submission 30, p. 3.

[35]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, p. 12.

[36]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, Law Reform Commission Report 124, August 2014, p. 11, https://www.Law Reform Commission.gov.au/publications/equality-capacity-disability-report-124 (accessed 21 August 2015).

[37]      Ms Michelle O'Flynn, Director, Queensland Advocacy Inc. (QAI), Committee Hansard, Brisbane, 16 October 2015, p. 5.

[39]      QADA, Submission 30, pp 6-7.

[40]      Ms Julie Phillips, Submission 131, p 58.

[41]      Communication Rights Australia and the Disability Discrimination Legal Service, Submission 78, p. 9.

[42]      Moreland Community Legal Centre, Submission 130, p. 3.

[43]      Ms Julie Phillips, Submission 131, pp 58–59.

[44]      Ms Cheryl McDonnell, Submission 37, p. 7.

[45]      Submission 37, pp 7–8.

[46]      Consumers of Mental Health WA, Submission 110, p. 17.

[47]      Youth Disability Advocacy Service, Submission 88, p. [3].

[48]      Youth Disability Advocacy Service, Submission 88, p. [3].

[49]      Name Withheld, Submission 106, p. 2.

[50]      Ms Marion Bright, Committee Hansard, Melbourne, 30 June 2015, p. 29.

[51]      Mr Graeme Smith, Public Guardian, Office of the Public Guardian, New South Wales Department of Justice, Committee Hansard, Sydney 27 August 2015, p. 23.

[52]      Mr Robbi Williams, Chief Executive Officer, JFA Purple Orange, Committee Hansard, Adelaide, 28 August 2015, p. 57.

[53]      Mr Trevor Carroll, Executive Officer, Disability Justice Advocacy Inc., Committee Hansard, Melbourne, 30 June 2015, p. 24.

[54]      Michael Inman, 'Staff member sacked, second quits at ACT Public Trustee as alleged $1.65 million fraud probed', The Canberra Times, 23 February 2015, http://www.canberratimes.com.au/act-news/staff-member-sacked-second-quits-at-act-public-trustee-as-alleged-165-million-fraud-probed-20150216-13g0wy.html (accessed 7 October 2015).

[55]      See: Michael Owen, 'SA Public Trustee treats clients as "inconveniences", inquiry hears', The Adelaide Advertiser, 16 November 2009, http://www.adelaidenow.com.au/news/public-trustee-squandering-money/story-e6freol3-1111118060617 (accessed 7 October 2015); Ms June Walker, Submission 113d, p. [7]; Parliament of South Australia, Inquiry into the Office of the Public Trustee: Report of the Statutory Authorities Review Committee 51^st Report, 1 December 2009, https://www.parliament.sa.gov.au/Committees/Pages/Committees.aspx?CTId=5& CId=303 (accessed 7 October 2015).

[56]      North Australian Aboriginal Justice Agency, Submission 138, p. 12.

[57]      Intellectual Disability Rights Service, Submission 128, pp 5-6.

[58]      Queensland Aged and Disability Advocacy Service, Submission 30, p. 3.

[59]      Australian Government Department of Health, Decision-making tool: Supporting a restraint free environment in residential aged care, 2012, p. 24, https://www.dss.gov.au/sites/default/files/documents/09_2014/residential_aged_care_internals_fa3-web.pdf (accessed 22 October 2015).

[60]      Department of Social Services, National Framework for Reducing and Eliminating the use of Restrictive Practices in the Disability Services Sector, November 2014, https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policy-research/national-framework-for-reducing-and-eliminating-the-use-of-restrictive-practices-in-the-disability-service-sector?HTML (accessed 27 Ocotber 2015).

[61]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, May 2014, p. 195.

[62]      Ms O'Flynn, Director, Queensland Advocacy Inc., Committee Hansard, Brisbane, 16 October 2015, p.1.

[63]      Department of Social Services, National Framework for Reducing and Eliminating the use of Restrictive Practices in the Disability Services Sector, November 2014, https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policy-research/national-framework-for-reducing-and-eliminating-the-use-of-restrictive-practices-in-the-disability-service-sector?HTML (accessed 17 August 2015). See also: Australian Cross Disability Alliance, Submission 147, pp 46–47.

[64]      Kim Chandler, Lindy Willmott and Ben White, 'Rethinking Restrictive Practices: A Comparative Analysis', QUT Law Review, vol. 4, no. 2, 2014, p. 97.

[65]      Western Australia Disability Services Commission, Code of Practice for the Elimination of Restrictive Practices, November 2014, p. 1, http://static1.1.sqspcdn.com/static/f/1546495/25715521/1417183469157/Code+of+Practice+Final+Nov+2014.pdf?token=%2B60ZC7bb7zwPk%2BOG6FC13ZVOSh8%3D (accessed 23 October 2015).

[66]      Western Australia Disability Services Commission, Positive Behaviour Framework Disability Sector Update, Edition Number 6, November 2014, p. 3, http://www.disability.wa.gov.au/Global/Publications/For%20disability%20service%20providers/Guidelines%20and%20policies/Behaviour%20Support/Sector-Update-Positive-Behaviour-Framework-November-2014.pdf (accessed 23 October 2015).

[67]      Queensland Government Department of Communities, Child Safety and Disability Services, Overview of amendments, 19 March 2015, https://www.communities.qld.gov.au/disability/key-projects/disability-services-act-2006/review-of-restrictive-practices-framework/overview-of-amendments (accessed 23 October 2015).

[68]      Queensland Government Department of Communities, Child Safety and Disability Services, Overview of amendments, 19 March 2015, https://www.communities.qld.gov.au/disability/key-projects/disability-services-act-2006/review-of-restrictive-practices-framework/overview-of-amendments (accessed 23 October 2015).

[69]      Mental Health Act 2014, s. 10(b). See also: Mental Health Act 1986, s.4(2)(a).

[70]      Mental Health Act 2014, s. 105–116.

[71]      Victorian Department of Health and Human Services, Office of Professional Practice, 29 July 2015, http://www.dhs.vic.gov.au/about-the-department/our-organisation/organisational-structure/our-groups/office-of-professional-practice (accessed 23 October 2015).

[72]      Mental Health (Treatment and Care) Act 1994, s. 7(a).

[73]      South Australian Office of the Public Advocate, Restrictive Practices, http://www.opa.sa.gov.au/resources/restrictive_practices (accessed 23 October 2015).

[74]      Tasmanian Department of Health and Human Services, Senior Practitioner, http://www.dhhs.tas.gov.au/disability/senior_practitioner (accessed 23 October 2015).

[75]      Mental Health (Treatment and Care) Act 1994, s. 61–62.

[76]      Disability Services Act 2012, s. 41.

NSW, http://www0.health.nsw.gov.au/policies/pd/2012/pdf/PD2012_035.pdf (accessed 4 November 2015)

[78]      NSW Department of Family and Community Services, Behaviour Support Policy, https://www.adhc.nsw.gov.au/__data/assets/file/0007/228364/Behaviour_Support_Policy_March2012_updated.pdf (accessed 4 November 2015)

 

[80]      Aboriginal Disability Justice Campaign, Submission 159, p. 6.

[81]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws (DP 81): Restrictive Practices, http://www.alrc.gov.au/publications/8-restrictive-practices/restrictive-practices-australia (accessed 17 August 2015).

[82]      Matthew Doran, 'Use of cage for boy with autism at Canberra school prompts call for national education standard', ABC News Online, 3 April 2015, http://www.abc.net.au/news/2015-04-03/experts-slam-need-to-cage-boy-wth-autism-at-canberra-school/6369470 (accessed 17 August 2015).

[83]      Henrietta Cook, 'Allegations of students in cage-like structures triggers investigation', The Age, 22 September 2015, http://www.theage.com.au/victoria/allegations-of-students-in-cagelike-structures-triggers-investigation-20150921-gjrnd8.html (accessed 23 September 2015). See also: Richard Baines, 'Claims 11yo girl with autism left isolated, unsupervised at Tasmanian school', ABC News Online, 27 September 2015, http://www.abc.net.au/news/2015-09-26/claims-autistic-child-left-unsupervised-at-tasmanian-school/6807292 (accessed 29 September 2015).

[84]      Ms Julie Phillips, Submission 131, p. 11. See also: Victorian Equal Opportunity and Human Rights Commission, Held back: The experiences of students with disabilities in Victorian schools, September 2012, http://www.humanrightscommission.vic.gov.au/index.php/our-resources-and-publications/reports/item/184-held-back-the-experiences-of-students-with-disabilities-in-victorian-schools-sep-2012 (accessed 21 September 2015). See also: Submission 131b, Submission 131c, Submission 131e.

[85]      Ms Julie Phillips, Submission 131f.

[86]      Ms Julie Phillips, Committee Hansard, Sydney, 27 August 2015, p. 54.

[87]      Ms Therese Sands, Co-Chief Executive Officer, People with Disability Australia; Australian Cross Disability Alliance, Committee Hansard, Sydney, 27 August 2015, p. 38.

[88]      Ms Julie Phillips, Committee Hansard, Sydney, 27 August 2015, p. 54.

[89]      This is also noted by Ms Julie Phillips in evidence at the Sydney hearing.

[90]      Victorian Department of Education and Training, Principal Practice Leader (Education), 3 September 2015, http://www.education.vic.gov.au/about/department/Pages /seniorpractitioner.aspx (accessed 30 September 2015).

[91]      Ms Julie Phillips, Submission 131ss, pp 3–4.

[92]      Seclusion is 'the involuntary confinement of a student alone in a room or area which the student is physically prevented from leaving'. The policy notes that seclusion is different to the concept of timeout which is a separate behavioural management tool.

[93]      Victorian Department of Education and Training, School Policy and Advisory Guide: Restraint of Student, 6 October 2015, http://www.education.vic.gov.au/school/principals/spag/governance/pages/restraint.aspx (accessed 12 October 2015).

[94]      NSW Department of Health, Policy Directive: Aggression, Seclusion and Restraint in Mental Health facilities in NSW, June 2012, http://www0.health.nsw.gov.au/policies/pd/2012/pdf/PD2012_035.pdf (accessed 2 October 2015).

[95]      NSW Department of Family and Community Services, Behaviour Support: Policy and Practice Manual. Guidelines for the provision of behaviour support services for people with an intellectual disability. Part 1: Policy and Practice, January 2009. https://www.adhc.nsw.gov.au/__data/assets/file/0003/228360/341_Behaviour_Support_Policy_and_Practice_Manual_Part_1_web.pdf (accessed 2 October 2015). 

[96]      NSW Department of Family and Community Services, Behaviour Support: Policy and Practice Manual. Guidelines for the provision of behaviour support services for people with an intellectual disability. Part 1: Policy and Practice, January 2009.

[97]      NSW Department of Family and Community Services, Behaviour Support: Policy and Practice Manual. Guidelines for the provision of behaviour support services for people with an intellectual disability. Part 1: Policy and Practice, January 2009.

[98]      Communication Rights Australia, Submission 78, p. 10.

[99]      Dr Angelika Anderson, Committee Hansard, Sydney, 17 August 2015, p. 59.

[100]    Australian Cross Disability Alliance, Submission 147, pp 45–46.

[101]    Families Australia, Submission 3, p. [3].

[102]    Law Council of Australia, Submission 139, p. 7.

[103]    Recommendation 8–2 in Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws: Final Report, Law Reform Commission Report 124, August 2014, p. 19, https://www.alrc.gov.au/sites/default/files/pdfs/publications/alrc_124_whole_pdf_file.pdf (accessed 23 September 2015).

[104]    Youth Disability Advocacy Service, Submission 88.

[105]    Mr Michael Hart, Submission 79, p. 23. See also: Autism Behavioural Intervention Association, http://www.abia.net.au/applied_behavioural_analysis (accessed 16 September 2015). The Association notes that 'research has shown that at least 15–20 hours of intensive therapy per week is needed to produce long-term benefits'.

Chapter 5 - Reporting and investigating

[1]        See, for example: Australian Cross Disability Alliance, Submission 147, pp 12–13; Office of the Anti-Discrimination Commissioner, Tasmania, Submission 40, p. 12; Office of the Public Advocate, Queensland, Submission 73, p. 16.

[2]        United Nations Convention on the Rights of Persons with Disabilities, Article 16, http://www.un.org/disabilities/convention/conventionfull.shtml (accessed 21 August 2015).

[3]        United Nations Committee on the Rights of Persons with Disabilities, Concluding observations on the initial report of Australia, adopted by the Committee at its tenth session (2–13 September 2013), 4 October 2013, p. 6. See: Attorney-General's Department, Convention on the rights of persons with disabilities, http://www.ag.gov.au/RightsAndProtections/HumanRights/Pages/UnitedNationsConventionontherightsofpersonswithdisabilities.aspx (accessed 24 September 2015).

[4]        Australian Human Rights Commission, Submission 57, p. 1.

[5]        Disability Representative, Advocacy, Legal and Human Rights Organisations (DRALHRO), Disability Rights Now: Civil Society Report to the United Nations Committee on the Rights of Persons with Disabilities, August 2012, p. 102, http://www.pwd.org.au/issues/crpd-civil-society-shadow-report-group.html (accessed 24 September 2015).

[6]        DRALHRO, Disability Rights Now, p. 25.

[7]        National Disability Insurance Scheme (NDIS), Proposal for National Disability Insurance Scheme Quality and Safeguarding framework: Consultation paper, pp 23–24.

[8]        See: Ombudsman NSW, Disability reportable incidents, https://www.ombo.nsw.gov.au/what-we-do/our-work/community-and-disability-services/part-3c-reportable-incidents; Department of Human Services, Victoria, Critical client incident reporting,  http://www.dhs.vic.gov.au/ funded-agency-channel/about-service-agreements/incident-reporting/human-services; Department of Communities, Child Safety and Disability Services, Critical Incident Policy, https://www.communities.qld.gov.au/resources/disability/publication/critical-incident-policy-dsq-2008.pdf; Disability Services Commission WA, Serious Incident Reporting, http://www.disability.wa.gov.au/disability-service-providers-/for-disability-service-providers/contracts2/serious-incident-reporting-/; Department for Communities and Social Inclusion, South Australia, Disability SA – policies and guidelines, http://www.dcsi.sa.gov.au/services/disability-sa/disability-sa-policies-and-guidelines; Department of Health and Human Services, Tasmania,  Quality and Safety Standards Framework, https://www.dhhs.tas.gov.au/about_the_department/business/community_sector_ relations_unit/quality_and_safety; Disability Services Regulation 2014 (ACT), http://www.legislation.act.gov.au/sl/2014-12/default.asp; NT Department of Health, http://www.health.nt.gov.au/Publications/Aged_and_Disability_Publications/index.aspx (all accessed 24 September 2015).

[9]        This issue was raised by both lived experience  submitters as well as organisations such as Women with Disabilities Australia, Australian Cross Disability Alliance, Committee Hansard, Sydney 27 August 2015, p.50 and NSW Ombudsman, Submission 29, p. 22.

[10]      Endeavour Foundation, Submission 27, p. 10.

[11]      Office of the Anti-Discrimination Commissioner, Tasmania, Submission 40, p. 13.

[12]      Ms Leona Berry, Manager, WWILD Sexual Violence Prevention Association, Committee Hansard, Brisbane, 16 October 2015, p. 18.

[13]      Mr Neal Lakshman, Advocacy Worker, Speaking Up For You Inc., Committee Hansard, Brisbane, 16 October 2015, p. 37.

[14]      Disability Services Commissioner, Victoria, Submission 86, p. 8.

[15]      Australian Cross Disability Alliance, Submission 147, p. 65.

[16]      Queensland Advocacy Incorporated, Submission 43, p. [8].

[17]      Ms Heidi Egarter, Member, Health and Community Services Union, Committee Hansard, 27 August 2015, p. 10.

[18]      Australian Cross Disability Alliance, Submission 147, p. 56.

[19]      Ms O'Flynn, Director, Queensland Advocacy Inc., Committee Hansard, Brisbane, 16 October 2015, p. 2.

[20]      NDIS, Proposal for a National Disability Insurance Scheme Quality and Safeguarding Framework, February 2015, pp 23–24.

[21]      Australian Cross Disability Alliance, Submission 147, p. 65.

[22]      Name withheld, Submission 60, p. 5.

[23]      Richard Baker & Nick McKenzie, 'Disabled were abused in house of horrors and governments covered it up', The Age, 11 April 2015, http://www.theage.com.au/victoria/disabled-were-abused-in-house-of-horrors-and-governments-covered-it-up-20150408-1mgq13 (accessed 20 October 2015).

[24]      Ms Julie Sullivan, Submission 157, p. [16].

[25]      See: Name withheld, Submission 106, p. 16.

[26]      United Voice, Submission 17, p. 5.

[27]      See: NSW Government, Submission 66, pp 2–4.

[28]      Commonwealth Ombudsman, Submission 117, p. 5.

[29]      Disability Services Commissioner, Victoria, Submission 86, pp 4–5.

[30]      Australian Cross Disability Alliance, Submission 147, p. 65.

[31]      The hotline is for complaints relating to abuse and neglect of people with disability in Commonwealth, State and Territory funded disability services. It is not a complaints resolution service, but instead refers complaints to the relevant State or Territory complaints handling service, or bodies such as various Ombudsman, Anti-Discrimination Boards and the Complaints Resolution and Referral Service.

[32]      DSS, Submission 104, p. 6.

[33]      DRALHRO, Disability Rights Now, p. 102.

[34]      Ms Samantha Connor, Researcher, People with Disability WA, Committee Hansard, Perth, 10 April 2015, p. 34.

[35]      Families Australia, Submission 3, p. [3].

[36]      Ms Sharon Richards, Acting CEO, Advocare, Committee Hansard, Perth, 10 April 2015, p. 2.

[37]      NSW Ombudsman, Submission 29, p. 2.

[38]      Mr Steve Kinmond, Community and Disability Services Commissioner and Deputy Ombudsman, NSW Ombudsman, Committee Hansard, Sydney, 27 August 2015, p. 17.

[39]      Mr Steve Kinmond, Committee Hansard, Sydney, 27 August 2015, p. 16.

[40]      Mr Steve Kinmond, Committee Hansard, Sydney, 27 August 2015, p. 19.

[41]      Mr Steve Kinmond, Committee Hansard, Sydney, 27 August 2015, p. 20.

[42]      Phase 2 of the report will examine incident reporting and management in more detail. Victorian Ombudsman, Reporting and investigation of allegations of abuse in the disability sector: Phase 1 – the effectiveness of statutory oversight, June 2015, p. 4, https://www.ombudsman.vic.gov.au /Investigations/Investigation-into-disability-abuse-reporting (accessed 24 September 2015).

[43]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 4.

[44]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 8.

[45]      Parliament of Victoria, Family and Community Development Committee, Inquiry into Abuse in Disability Services – Interim Report, 2015, p. xxiv, http://www.parliament.vic.gov.au/fcdc/article/1854 (accessed 24 September 2015).

[46]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 8, https://www.ombudsman.vic.gov.au/Investigations/Investigation-into-disability-abuse-reporting [accessed 25 September 2015].

[47]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 8.

[48]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 91.

[49]      Mr David Craig, Committee Hansard, Melbourne, 30 June 2015, p. 44.

[50]      Office of the Public Guardian Queensland, Submission 18, p. 10.

[51]      JacksonRyan, Submission 42j, p. 2.

[52]      Office of the Public Advocate, Queensland, Submission 73, p. 16.

[53]      NDIS, Proposal for a National Disability Insurance Scheme Quality and Safeguarding Framework, February 2015, p. 25.

[54]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 7.

[55]      See: NSW Ombudsman, Official Community Visitors, https://www.ombo.nsw.gov.au/what-we-do/coordinating-responsibilities/official-community-visitors; Office of the Public Advocate Victoria, Community Visitors, http://www.publicadvocate.vic.gov.au/our-services/community-visitors; Queensland Office of the Public Guardian, Community Visitors, http://publicguardian.qld.gov.au/adult-guardian/adult-community-visitors; WA Council of Official Visitors, http://coov.org/; South Australian Government, Community Visitor Scheme, https://www.sa.gov.au/topics/citizens-and-your-rights/feedback-and-complaints/community-visitor-scheme; Tasmanian Government, Official Visitor Programs, http://officialvisitors.tas.gov.au/home; Public Trustee for the ACT, ACT Official Visitor Scheme,  http://www.publictrustee.act.gov.au/visitor-scheme; NT Community Visitor Program, http://www.cvp.nt.gov.au/index.html (all accessed 24 August 2015).

[56]      See: Office of the Public Guardian, Queensland, Submission 18, p. 6; South Australian Community Visitor Scheme, Submission 16, p. 2; Ms Susan Salthouse, Official Visitor for Disability in the ACT, ACT Government Official Visitor Scheme, Committee Hansard, Canberra, 21 August 2015, pp 27–28.

[57]      OPA Victoria, Submission 64, p. 4.

[58]      ACT Human Rights Commission, Submission 114, p. 2; SACVS, Submission 16, p. 1.

[59]      South Australian Community Visitor Scheme, Submission 16, p. 1.

[60]      OPA, Queensland, Submission 73, p. 18.

[61]      Ms Susan Salthouse, Committee Hansard, Canberra, 21 August 2015, p. 28.

[62]      OPA Victoria, Submission 64, p. 21.

[63]      Ms Pauline Williams, Housing Rights Co-ordinator, Action for More Independence and Dignity in Accommodation, Committee Hansard, Melbourne, 30 June 2015, p. 52.

[64]      Intellectual Disability Rights Service, Submission 128a, p. 7.

[65]      Ms Sandra Guy, Committee Hansard, Melbourne, 30 June 2015, p. 15.

[66]      Ms Colleen Pearce, Committee Hansard, Melbourne, 30 June 2015, p. 36.

[67]      Ms Colleen Pearce, Committee Hansard, Melbourne, 30 June 2015, p. 33.

[68]      See: United Voice, Submission 17, p. 6; Disability and Community Services Commissioner, ACT, Submission 114, p. 9.

[69]      OPA Queensland, Submission 73, p. 23.

[70]      See: Disability Justice Advocacy, Submission 14, p. 5; Name withheld, Submission 60, p. 4; Advocacy Tasmania Inc, Submission 97, p. 8; NSW Council for Intellectual Disability, Submission 103a, p. 5; Commonwealth Ombudsman, Submission 117, p. 7.

[71]      Law Council of Australia, Submission 139, p. 22.

[72]      The Hon Kelly Vincent MLC, Committee Hansard, Adelaide, 28 August 2015, p. 62.

[73]      Office of the Public Advocate, South Australia, Submission 13, p. 2.

[74]      See, for example: Health Services Union, Submission 69, p. 5; Disability Clothesline, Submission 68, p. [840]; Advocacy for Disability, Submission 83, p. 33; Intellectual Disability Rights Service, Submission 128, p. [5]; Ms Julie Phillips, Submission 131, p. 65; Dr Sherene Devanesen, CEO, Yooralla, Committee Hansard, Melbourne, 30 June 2015, p. 3.

[75]      Mr Damian Griffis, Committee Hansard, 27 August 2015, p. 46.

[76]      Australian Cross Disability Alliance, Submission 147, pp 12–13.

[77]      Children with Disability Australia, Submission 144, p. 43.

[78]      NDIS, Proposal for National Disability Insurance Scheme Quality and Safeguarding framework: Consultation paper, pp 23–24.

[79]      See: Office of the Public Advocate, SA, Submission 13, p. 2; OPA Queensland, Submission 73, p. 20.

[80]      Office of the Public Advocate, SA, Submission 13, p. 2.

[81]      Office of the Public Advocate and the University of South Australia, 'Closing the Gaps: Enhancing South Australia’s Response to the Abuse of Vulnerable Older People,' October 2011, Submission 13, Attachment 1, p. 23.

Chapter 6 - Access to justice

[1]        See: QAI, Submission 43, p. [7].

[2]        OPA Queensland, Submission 73, pp 20-21. Some of the organisations which echoed this view include: Communication Rights Australia and the Disability Discrimination Legal Service, Submission 78; NSW Council for Intellectual Disability, Submission 103; Deakin University, Submission 109; Law Council of Australia, Submission 139.

[3]        United Nations Convention on the Rights of Persons with Disabilities (Disability Convention), Article 13, http://www.un.org/disabilities/convention/conventionfull.shtml (accessed 21 August 2015).

[4]        Disability Convention, Article 13.

[5]        Disability Representative, Advocacy, Legal and Human Rights Organisations, Disability Rights Now: Civil Society Report to the United Nations Committee on the Rights of Persons with Disabilities, August 2012, p. 74, http://www.pwd.org.au/issues/crpd-civil-society-shadow-report-group.html (accessed 24 September 2015).

[6]        Disability Rights Now, p. 82.

[7]        United Nations Committee on the Rights of Persons with Disabilities (UN Disability Committee), Concluding observations on the initial report of Australia, adopted by the Committee at its tenth session (2–13 September 2013), 4 October 2013, p. 4. See: Attorney-General's Department, Convention on the rights of persons with disabilities, http://www.ag.gov.au/RightsAndProtections/HumanRights/Pages/UnitedNationsConventionontherightsofpersonswithdisabilities.aspx (accessed 24 September 2015).

[8]        UN Disability Committee, Concluding observations, 2013, pp 4–5.

[9]        Australian Human Rights Commission (Human Rights Commission), Equal Before the Law: Towards Disability Justice Strategies, February 2014, p. 1, https://www.humanrights.gov.au/ our-work/disability-rights/publications/equal-law (accessed 24 August 2015).

[10]      Human Rights Commission, Equal Before the Law, p. 8.

[11]      See: Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, Law Reform Commission Report 124, August 2014, https://www.Law Reform Commission. gov.au/publications/equality-capacity-disability-report-124 (accessed 21 August 2015).

[12]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, p. 192.

[13]      Productivity Commission, Access to Justice Arrangements: Productivity Commission Inquiry Report, volume 1, no. 72, 5 September 2014, p. 2, http://www.pc.gov.au/inquiries/completed/access-justice/report (accessed 21 October 2015).

[14]      Productivity Commission, Access to Justice Arrangements, p. 133.

[15]      Productivity Commission, Access to Justice Arrangements, Box 5.1, p. 154.

[16]      See: Anti-Discrimination Commissioner, Tasmania, Submission 40, pp 19–20; Women with Disabilities Victoria, Submission 53, pp 46–47; Women with Disabilities Victoria, Submission 53, pp 46–47; Northcott, Submission 58, p. 6; Queensland OPA, Submission 73, pp 20–21; Advocacy for Inclusion, Submission 83, pp 30–31; Disability Services Commissioner Victoria, Submission 86, pp 22–23; Dr Linda Steele, Submission 94, p. [4]; p. 20.

[17]      Dr Jessica Cadwallader, Advocacy Project Manager, Violence Prevention, People with Disability Australia; Australian Cross Disability Alliance (Disability Alliance), Committee Hansard, Sydney, 27 August 2015, p. 50.

[18]      Human Rights Commission, Equal Before the Law, p. 20.

[19]      Quoted in: Queensland Advocacy Incorporated, Submission 43, p. [7]. See: Nora J Baladerian, Thomas Coleman and Jim Stream, Abuse of People with Disabilities – Victims and their families speak out: a Report on the 2012 National Survey on Abuse of People with Disabilities, Disability and Abuse Project, 2013, http://disability-abuse.com/survey/media-release.htm (accessed 25 September 2015).

[20]      Victorian Equal Opportunity and Human Rights Commission (VEOHRC), Beyond doubt: the experiences of people with disabilities report crime – Research Findings, July 2014, p. 6, http://www.humanrightscommission.vic.gov.au/index.php/our-projects-a-initiatives/experiences-of-people-with-disability-reporting-crime (accessed 24 September 2015).

[21]      VEOHRC, Beyond doubt, p. 7.

[22]      VEOHRC, Beyond doubt, pp 8–9.

[23]      VEOHRC, Beyond doubt, p. 15.

[24]      Disability Alliance, Submission 147, p. 56.

[25]      See: Evidence Act 1977 (Queensland), section 93A.

[26]      Ms Leona Berrie, Manager, Working Alongside People with Intellectual and Learning Disabilities – Sexual Violence Prevention Association (WWILD), Committee Hansard, Brisbane, 16 October 2015, p. 15.

[27]      NSW ODPP, Submission 82, pp 2–3.

[28]      South Australian ODPP, Submission 136, p. 1.

[29]      South Australian ODPP, Submission 136, p. 2.

[30]      Ms Leona Berrie, Manager, WWILD, Committee Hansard, Brisbane, 16 October 2015, p. 16.

[31]      Ms Leona Berrie, Manager, WWILD, Committee Hansard, Brisbane, 16 October 2015, p. 16.

[32]      Human Rights Commission, Equal Before the Law, p. 6.

[33]      Human Rights Commission, Equal Before the Law, p. 7.

[34]      Human Rights Commission, Equal Before the Law, p. 17.

[35]      South Australian Attorney-General's Department, Disability Justice Plan 2014–2017, http://www.agd.sa.gov.au/initiatives/disability-justice-plan (accessed 20 August 2015).

[36]      The Hon. John Rau, House of Assembly Hansard, 6 May 2015, p. 1036, http://hansardpublic.parliament.sa.gov.au/Pages/HansardResult.aspx#/docid/HANSARD-11-19527 (accessed 20 August 2015).

[37]      See: Department for Communities and Social Inclusion, Strong Voices, http://www.dcsi.sa.gov.au/services/disability-sa/disability-sa-publications/plans-and-reports/strong-voices (accessed 21 August 2015).

[38]      Disability Justice Plan 2014–2017, p. 2.

[39]      Disability Justice Plan 2014–2017, p. 4.

[40]      South Australian Attorney-General's Department, Statutes Amendment (Vulnerable Witnesses) Bill 2015, http://www.agd.sa.gov.au/initiatives/disability-justice-plan/statutes-amendment-vulnerable-witnesses-bill-2015 (accessed 20 August 2015).

[41]      South Australian Attorney-General's Department, Statutes Amendment (Vulnerable Witnesses) Bill 2015, http://www.agd.sa.gov.au/initiatives/disability-justice-plan/statutes-amendment-vulnerable-witnesses-bill-2015 (accessed 20 August 2015).

[42]      Mr Greg Weir, Executive Director, Strategy and Reform, South Australian Attorney-General's Department, Committee Hansard, Adelaide, 28 August 2015, p. 35.

[43]      Sergeant Susan Lock, Investigations Supervisor, Special Crimes Investigation Branch, Victim Management Section, South Australia Police, Committee Hansard, Adelaide, 28 August 2015, p. 47.

[44]      Ms Kelly Vincent MP, Committee Hansard, Adelaide, 28 August 2015, pp 57-58.

[45]      See JFA Purple Orange, Submission 12, p. 30; Australian Lawyers for Human Rights, Submission 99, p.10; and Children with Disability Australia (CDA), Submission 144, p. 41.

[46]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, pp 13–14, p. 192.

[47]      Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, p. 194.

[48]      Human Rights Commission, Equality, Capacity and Disability in Commonwealth Laws, pp 17–19.

[49]      UN Disability Committee, Concluding observations, 2013, p. 4.

[50]      Ms Mary Woodward, Submission 36, p. [5].

[51]      Department of Justice, Northern Ireland, Registered Intermediary Scheme, http://www.dojni.gov.uk/registered-intermediary-schemes (accessed 17 September 2015).

[52]      Ms Mary Woodward, Committee Hansard, Sydney, 27 August 2015, pp 31–32.

[53]      Ms Mary Woodward, Committee Hansard, Sydney, 27 August 2015, p. 34.

[54]      Dr Stephen Brock, Senior Policy Officer, Strategy and Reform Division, Attorney-General's Department South Australia, Committee Hansard, Adelaide, 28 August 2015, p. 39.

[55]      UNCRPD, Concluding observations, 2013, p. 6.

[56]      Disability Alliance, Submission 147, p. 59.

[57]      Dr Jessica Cadwallader, Committee Hansard, Sydney, 27 August 2015, p. 41.

[58]      Human Rights Commission, Submission 57, pp 2–3.

[59]      Stop the Violence Project, Report of the Proceedings and Outcomes, National Symposium on Violence against Women and Girls with Disability, 25 October 2013, p. 13, http://www.stvp.org.au/National-Symposium.htm (accessed 24 September 2015).

[60]      STVP, Report of the Proceedings and Outcomes, p. 14.

[61]      STVP, Report of the Proceedings and Outcomes, p. 26.

[62]      Disability Alliance, Submission 127, p. 63.

[63]      Ms Christina Ryan, General Manager, Advocacy for Inclusion, Committee Hansard, Canberra, 21 August 2015, p. 12.

[64]      Department of Social Services, Submission 104, p. 23.

[65]      WWILD, Submission 127, p. [11].

[66]      Disability Alliance, Submission 127, p. 63.

[67]      Ms Carolyn Frohmader, Executive Director, Women with Disabilities Australia; Disability Alliance, Committee Hansard, Sydney, 27 August 2015, p. 44.

[68]      WWILD, Submission 127, p. [13].

[69]      Human Rights Commission, Submission 57, p. 3.

[70]      Royal Commission into Institutional Responses to Child Sexual Abuse, Interim Report, Volume 1, 30 June 2014, pp 112–113, http://www.childabuseroyalcommission.gov.au/about-us/our-reports (accessed 24 September 2015).

[71]      CDA, Submission 144, p. 5.

[72]      Submission 144, p. 30.

[73]      Submission 144, p. 30.

[74]      CDA, Submission 144, p. 40.

[75]      Submission 144, pp 40–41.

[76]      Commissioner for Children and Young People Western Australia, Submission 32, pp [2–4].

[77]      Department of Social Services, Submission 104, p. 23.

[78]      Disability Alliance, Submission 147, pp 63–64.

[79]      CDA, Submission 144, p. 36.

[80]      See: CDA, Submission 144, p. 36; Disability Alliance, Submission 147, p. 14.

[81]      Families Australia, Submission 3, p. [2–3].

[82]      NAAJA, Submission 138, p. 5.

[83]      NAAJA, Submission 138, pp 5–6.

[84]      Disability Alliance, Submission 147, p. 39.

[85]      UN Disability Committee, Concluding observations, 2013, p. 5.

[86]      Mr Damian Griffis, CEO, First Peoples Disability Network Australia; Disability Alliance, Committee Hansard, Sydney, 27 August 2015, p. 39.

[87]      Mr Damian Griffis, Committee Hansard, Sydney, 27 August 2015, p. 47.

[88]      Mr Damian Griffis, Committee Hansard, Sydney, 27 August 2015, p. 51.

[89]      NAAJA, Submission 138, p. 6.

[90]      Law Council of Australia, Submission 139, p. 22.

[91]      Disability Alliance, Submission 147, p. 47.

[92]      Australian Human Rights Commission, Submission 57, p. 4.

[93]      NAAJA, Submission 138, pp. 5-6.

[94]      Disability Alliance, Submission 147, p. 47.

[95]      UN Disability Committee, Guidelines on article 15 of the Convention on the Rights of Persons with Disabilities, September 2015.

Chapter 7 - Advocacy

[1]        See: Terms of reference (g).

[2]        Ms Christine Scott, Advocacy, http://www.valid.org.au/advocacy.htm (accessed 9 November 2015).

[3]        DSS, National Disability Advocacy Framework, p. 2, https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/national-disability-advocacy-program/national-disability-advocacy-framework (accessed 22 October 2015).

[4]        DSS, National Disability Advocacy Framework, p. 3.

[5]        See: DSS, Discussion paper: review of the National Disability Advocacy Framework, June 2015, https://engage.dss.gov.au/ndaf-2/ (accessed 22 October 2015).

[6]        Department of Social Services, National Disability Advocacy Program, https://www.dss.gov.au/our-responsibilities/disability-and-carers/program-services/for-people-with-disability/national-disability-advocacy-program-ndap (accessed 22 October 2015).

[7]        DSS, Submission 104, p. 27.

[8]        Submission 104, p. 27.

[9]        Australian Cross Disability Alliance, Submission to the Review of the National Disability Advocacy Framework, 31 July 2015, pp 2–3, answer to question on notice, 27 August 2015 (received 8 September 2015).

[10]      Advocacy for Inclusion, Submission 83, p. 32.

[11]      Ms Mary Mallett, Chief Executive Officer, Disability Advocacy Network Australia (DANA), Committee Hansard, Canberra, 21 August 2015, p. 10.

[12]      DSS, Submission 104, p. 27.

[13]      Answers to Questions on Notice, Social Services Portfolio, Budget Estimates 2015-16, 4-5 June 2015, Question SQ15-000663 (received 22 June 2015), https://www.aph.gov.au/Parliamentary_Business/Senate_Estimates/clacctte/estimates/bud1516/Social%20Services/index (accessed 27 October 2015).

[14]      Senate Community Affairs References Committee, Impact on service quality, efficiency and sustainability of recent Commonwealth community service tendering processes by the Department of Social Services, Final Report, September 2015, p. 40.

[15]      See: Recommendation 7, Impact on service quality, efficiency and sustainability of recent Commonwealth community service tendering processes, p. x.

[16]      DSS, Submission 104, p. 28.

[17]      DSS, Submission 104, p. 28.

[18]      DSS did not indicate the timeframe for this review to be completed. DSS, Submission 104, p. 28.

[19]      Productivity Commission (PC), Report on Government Services 2015, Chapter 14, p. 14.6.

[20]      PC, Report on Government Services 2015, Table 14A.10.

[21]      Victorian Ombudsman, Reporting and investigation of allegations of abuse in the disability sector: Phase 1 – the effectiveness of statutory oversight, June 2015, p. 21, https://www.ombudsman.vic.gov.au/Investigations/Investigation-into-disability-abuse-reporting (accessed 24 September 2015).

[22]      See: IDRS, Submission 128, p. [4].

[23]      Ms Mary Mallett, Committee Hansard, Canberra, 21 August 2015, p. 9.

[24]      Ms Christina Ryan, Committee Hansard, Canberra, 21 August 2015, p. 10.

[25]      Ms Michelle O'Flynn, Committee Hansard, Brisbane, 16 October 2015, p. 2.

[26]      Intellectual Disability Rights Service, Submission 128a, p. 5.

[27]      Advocacy for Inclusion, Submission 83, p. 31.

[28]      Victorian Advocacy League for Individuals with Disability Inc. (VALID), Submission 149, p. 7.

[29]      Ms Mary Mallett, CEO, DANA, Committee Hansard, Canberra, 21 August 2015, p. 10.

[30]      Ms Taryn Harvey, Committee Hansard, Perth, 10 April 2015, p. 38.

[31]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 8.

[32]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 91.

[33]      See: Ms Mary Mallett, CEO, DANA, Committee Hansard, Canberra, 21 August 2015, pp 11–12.

[34]      Mrs Silvana Gant, President and Convenor, Adelaide People First, Committee Hansard, Adelaide, 28 August 2015, p. 10.

[35]      Adelaide People First, Submission 116, p. 17.

[36]      JFA Purple Orange, Submission 12, p. 24.

[37]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, p. 9.

[38]      JFA Purple Orange, Submission 12, p. 23.

[39]      Advocacy Tasmania Incorporated, Submission 97, p. 7.

[40]      Ms Taryn Harvey, CEO, Developmental Disability WA, Committee Hansard, Perth, 10 April 2015, p. 29.

[41]      See: National Disability Services, Submission 111, p. [7]; Working Alongside People with Intellectual and Learning Disabilities – Sexual Violence Prevention Association, Submission 127, p. [12]; Sally Bailey, Submission 65, p. 8; Action for More Independence in Disability Accommodation, Submission 89, p. 18; Leadership Plus, Submission 95, p. 2.

[42]      Ms Sonia di Mezza, Committee Hansard, Canberra, 21 August 2015, pp 35–36.

[43]      Ms Christina Ryan, General Manager, Advocacy for Inclusion, Committee Hansard, Canberra, 21 August 2015, p. 10.

[44]      Ms Michelle Moss, Committee Hansard, Brisbane, 16 October 2015, p. 10.

[45]      Ms Margie Charlesworth, Committee Hansard, Adelaide, 28 August 2015, p. 13.

[46]      Ms Aine Healy, Executive Director, Advocacy, NSW Council for Intellectual Disability, Committee Hansard, Sydney, 27 August 2015, p. 5.

[47]      Ms Mary Mallett, CEO, DANA, Committee Hansard, Canberra, 21 August 2015, p. 9.

[48]      Department of Human Services, 'Disability advocacy organisations', http://www.dhs.vic.gov.au/for-service-providers/disability/protecting-rights/disability-advocacy/disability-advocacy-organisations (accessed 28 October 2015). A similar support network is provided in Tasmania through the Speak Out Association of Tasmania, an advocacy service and membership organisation for people with disability. See: Speak Out Advocacy, http://www.speakoutadvocacy.org/ (accessed 29 October 2015).

[49]      Women with Disability Victoria, Submission 53, p. 41.

[50]      Ms Mary Mallett, CEO, DANA, Committee Hansard, Canberra, 21 August 2015, p. 14.

[51]      See: Northcott, Submission 58, p. 2; Optia, Submission 19, p. 5; Endeavour Foundation, Submission 27, p. 8.

[52]      Optia, Submission 19, p. 5.

[53]      Endeavour Foundation, Submission 27, p. 8.

[54]      Adjunct Professor Jeffrey Chan, Chief Practitioner, Yooralla, Committee Hansard, Melbourne, 30 June 2015, p. 7.

[55]      Adelaide People First, Submission 116, p. 12.

[56]      Ms Silvana Gant, President and Convenor, Adelaide People First, Committee Hansard, Adelaide, 28 August 2015, p. 8.

[57]      Adelaide People First, Submission 116, p. 13.

[58]      Ms Christina Ryan, Committee Hansard, Canberra, 21 August 2015, p. 14.

[59]      Ms Mary Mallett, Committee Hansard, Canberra, 21 August 2015, p. 14.

[60]      Ms Christina Ryan, General Manager, Advocacy for Inclusion, Committee Hansard, Canberra, 21 August 2015, p. 13.

[61]      DSS, 'Research of the Models of Advocacy Funded under the National Disability Advocacy Program', https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policy-research/research-of-the-models-of-advocacy-funded-under-the-national-disability-advocacy-program (accessed 30 October 2015).

[62]      JFA Purple Orange, Submission 12, p. 25.

[63]      Ms Sue Ash AO, Committee Hansard, Perth, 10 April 2015, p. 8.

[64]      Ms Cheryl McDonnell, Submission 37, p.2.

[65]      Ms Julie Pianto, Committee Hansard, Canberra, 21 August 2015, p. 16.

[66]      QAI, Submission 43, p. 21

[67]      Advocare, Committee Hansard, 10 April 2015, p. 1.

[68]      Advocare, Committee Hansard, 10 April 2015, p. 5.

[69]      Professor Richard Bruggemann, Committee Hansard, Adelaide, 28 August 2015, p. 30.

[70]      Ms Dianne Toohey, Coordinator, Speaking Up For You Inc., Committee Hansard, Brisbane, 16 October 2015, pp 34–35.

[71]      QAI, Submission 43, p. [21].

[72]      Professor Richard Bruggemann, Committee Hansard, Adelaide, 28 August 2015, p. 30.

[73]      Tasmanian Government, Submission 74, p. 24.

[74]      Ms Mary-Lou Carter, Secretary, Our Voice Australia, Committee in-camera Hansard, Sydney, 27 August 2015, p. 4.

[75]      Our Voice Australia, Committee in-camera Hansard, 27 August 2015, p. 4.

[76]      Mr Graeme Smith, Public Guardian, NSW Office of the Public Guardian, Committee Hansard, 27 August 2015, p. 23.

[77]      NAAJA, Submission 138, p. 4.

[78]      Submission 138, p. 9.

[79]      Submission 138, p. 9.

[80]      Ms Philippa Martin, Managing Solicitor, Civil Law Section, NAAJA, Committee Hansard, Brisbane, 16 October 2015, p. 21.

[81]      NAAJA, Submission 138, p. 11.

[82]      Advocacy for Inclusion, Submission 83, p. 33.

[83]      National Disability Insurance Scheme (NDIS), Draft Framework for Information, Linkages and Capacity Building, Consultation on Information, Linkages and Capacity Building, http://www.ndis.gov.au/consult-info-link-capacity-building (accessed 23 October 2015).

[84]      See: Council of Australian Governments, Disability Reform Council, Communiqué 24 April 2015, https://www.dss.gov.au/our-responsibilities/disability-and-carers/programmes-services/government-international/disability-reform-council (accessed 22 October 2015).

[85]      See: PC, Disability Care and Support, Inquiry Report no. 54, vol. 1, 10 August 2011, p. 26, http://www.pc.gov.au/inquiries/completed/disability-support (accessed 22 October 2015).

[86]      NDIS, A Framework for Information, Linkages and Capacity Building, Information, Linkages and Capacity Building, http://www.ndis.gov.au/ilc-policy (accessed 22 October 2015).

[87]      The Department has not indicated a timeframe for this work to be completed. Submission 104, p. 27.

[88]      See: NDIS Quality and Safeguarding Framework, https://engage.dss.gov.au/ndis-qsf/ (accessed 2 November 2015).

[89]      Ms Colleen Pearce, Committee Hansard, Melbourne, 30 June 2015, p. 33.

[90]      Ms Aine Healy, Executive Director, Advocacy, NSW Council for Intellectual Disability, Committee Hansard, Sydney, 27 August 2015, p. 5.

[91]      Women with Disabilities Australia and People with Disability Australia, Submission to NDIS Quality and Safeguarding Framework, p. 15, https://engage.dss.gov.au/ndis-qsf-submissions/1435277763/ (accessed 2 November 2015).

[92]      Women with Disabilities Australia and People with Disability Australia, Submission to NDIS Quality and Safeguarding Framework, p. 18, https://engage.dss.gov.au/ndis-qsf-submissions/1435277763/ (accessed 2 November 2015).

[93]      Victorian Ombudsman, Reporting and investigation of allegations of abuse, pp 89–88.

[94]      Mr David Craig, Project Coordinator, VALID, Committee Hansard, Melbourne, 30 June 2015, p. 44.

[95]      See: NSW Council for Intellectual Disability, Submission 103 Attachment 1, p. 14.

Chapter 8 - Risk factors and causes

[1]        Terms of Reference (j): identifying the systemic workforce issues contributing to the violence, abuse and neglect of people with disability and how these can be addressed.

[2]        Ms Helen Killmier, Australian Psychological Society, Committee Hansard, Melbourne, 30 June 2015, p. 31.

[4]        Ms Leanne Pearman, Member, Bolshy Divas, Committee Hansard, Perth, 10 April 2015, p. 19.

[5]        Ms Silvana Gant, President and Convenor, Adelaide People First, Committee Hansard, Adelaide, 28 August 2015, p. 8.

[6]        JFA Purple Orange, Submission 12, pp. 17-18.

[7]        This issue was raised by a number of organisations and individuals, including National Disability Services, Endeavour Foundation, Summer Foundation, Public Advocate of Victoria, Communication Rights Australia, Disability Discrimination Legal Service, among many others.

[8]        Ms Silvana Gant, Committee Hansard, Adelaide, 28 August 2015, p. 12.

[9]        Ms Naomi Anderson, Casework Lawyer, Villamanta Disability Rights Legal Service Inc., Committee Hansard, Melbourne, 30 June 2015, p. 28.

[10]      Ms Margot Morris, Principal Solicitor, Intellectual Disability Rights Service, Committee Hansard, Sydney, 27 August 2015, p. 2.

[11]      Mr David Craig, Project Coordinator, Victorian Advocacy League for Individuals with Disability (VALID), Committee Hansard, Melbourne, 30 June 2015, p. 44.

[12]      Ms Therese Sands, Co-Chief Executive Officer, People with Disability Australia, Committee Hansard, Sydney, 27 August 2015, p. 36.

[13]      Ms Deidre Griffiths, Principal Solicitor and Executive Officer, Villamanta Disability Rights Legal Service Inc., Committee Hansard, Melbourne, 30 June 2015, p. 25.

[14]      Ms Rayna Lamb, Coordinator, Women With Disabilities WA Inc., Committee Hansard, Perth, 10 April 2015, p. 21.

[15]      Mr John Bone, Delegate, United Voice WA, Committee Hansard, Perth, 10 April 2015, p. 42.

[16]      Ms Deidre Oliver, former psychiatric nurse, Submission 151, p. 6.

[17]      Mr Lloyd Williams, National President, Health Services Union, Committee Hansard, Sydney, 27 August 2015, p. 9.

[18]      Ms Deidre Oliver, former psychiatric nurse, Submission 151, p. 6.

[19]      Ms Sue Ash, Chief Executive Officer, UnitingCare West, Committee Hansard, Perth, 10 April 2015, p. 8.

[20]      Ms Sue Ash, Committee Hansard, Perth, 10 April 2015, p. 9.

[21]      Mr Lloyd Williams, Committee Hansard, Sydney, 27 August 2015, p. 12.

[22]      Peter Cross, President, United Voices for People with Disabilities, Committee Hansard, Melbourne, 30 June 2015, p. 47.

[23]      Mr Steve Kinmond, Community and Disability Services Commissioner and NSW Deputy Ombudsman, Committee Hansard, Sydney, 27 August 2015, p. 21.

[24]      Mr Lloyd Williams, Committee Hansard, Sydney, 27 August 2015, p. 12.

[25]      Similar proposals to expand pre-employment screening into a registration system with differing levels of qualifications and requirements for continuing professional development were proposed by other organisations, including Voices for People with Disabilities, Optia Inc, and NSW Council for Intellectual Disability.

[26]      Mr Bruce Smith, Branch Manager, National Disability Insurance Scheme, Department of Social Services, Committee Hansard, Canberra, 21 August 2015, p. 4.

[27]      Royal Commission into Institutional Responses to Child Sexual Abuse, Working with Children Checks Report, 17 August 2015, pp. 6-8, http://www.childabuseroyalcommission.gov.au/ getattachment/e1550ad2-6159-49cd-9f24-f668e8cc1b0d/Working-With-Children-Checks-Report (accessed 29 September 2015).

[28]      Mr Bruce Smith, Committee Hansard, Canberra, 21 August 2015, p. 4.

[29]      Ms Tammy Munro, Lead Organiser, Tasmanian Branch, Health and Community Services Union, Committee Hansard, Sydney, 27 August 2015, p. 9.

[30]      Mr Lloyd Williams, Committee Hansard, Sydney, 27 August 2015, p. 8.

[31]      Ms Rayna Lamb, Committee Hansard, Perth, 10 April 2015, p. 21.

[32]      Advocacy Tasmania Inc. Submission 97, p. 4.

[33]      Australian Cross Disability Alliance, Supplementary Submission 147, p. 19.

[34]      Mrs Joan Broughan, Submission 4, p. 1.

[35]      Dr Linda Steele, School of Law University of Wollongong, Submission 94, p. 1.

[36]      Ms Samantha Connor, Researcher, People with Disability WA, Committee Hansard, Perth, 10 April 2015, p. 32.

[37]      Ms Rayna Lamb, Committee Hansard, Perth, 10 April 2015, p. 20.

[38]      Submission 94, p. 2.

[39]      Ms Rayna Lamb, Committee Hansard, Perth, 10 April 2015, p. 23.

[40]      Ms Margot Morris, Committee Hansard, Sydney, 27 August 2015, p. 2.

[41]      Queensland Advocacy Incorporated, Submission 43, p. 3.

[42]      Ms Kelly Vincent, Committee Hansard, Adelaide, 28 August 2015, p. 56.

[43]      Deakin University, Submission 109, p. 8.

[44]      Mr David Craig, Committee Hansard, Melbourne, 30 June 2015, p. 44.

[45]      NSW Disability Network Forum, Submission 55, p. 11.

[46]      Ms Sharon Richards, Acting Chief Executive Officer, Advocare, Committee Hansard, Perth, 10 April 2015, p. 3.

[47]      Ms Rayna Lamb, Committee Hansard, Perth, 10 April 2015, p. 22.

[48]      Ms Gina Keely and Mr Ben Keely, Committee in-camera Hansard, Perth, 10 April 2015.

[49]      Ms Kelly Shay, Assistant Secretary, United Voice WA, Committee Hansard, 10 April 2015, p. 40. This issue was also raised by Aine Healy, Executive Director, Advocacy, New South Wales Council for Intellectual Disability, Committee Hansard, Sydney, 27 August 2015, p. 6.

[50]      South Australian Community Visitor Scheme, Submission 16, p. 5.

[51]      Ms Kelly Shay, Committee Hansard, Perth, 10 April 2015, p. 40.

[52]      Ms Wanita McDade, Delegate, United Voice WA, Committee Hansard, Perth, 10 April 2015, p. 41.

[53]      Ms Sue Ash, Committee Hansard, Perth, 10 April 2015, p. 10.

[54]      Ms Kelly Shay, Committee Hansard, Perth, 10 April 2015, p. 45.

[55]      Ms Aine Healy, Executive Director, Advocacy, New South Wales Council for Intellectual Disability, Committee Hansard, Sydney, 27 August 2015, p. 6. The issue of workers being 'thrown in the deep end' was echoed by many other submitters. See Submissions 1, 9, 17, 22, 42, 69, 70, and 150.

[56]      Ms Heidi Egarter, Member, Health and Community Services Union, Committee Hansard, Sydney, 27 August 2015, p. 9.

[57]      Mr Paul Steele, Delegate, Health and Community Services Union, Committee Hansard, Sydney, 27 August 2015, p. 9.

[58]      NSW Disability Network Forum, Submission 55, p. 12.

[59]      Ms Helen Killmier, Committee Hansard, Melbourne, 30 June 2015, p. 31.

[60]      Ms Sharon Richards, Committee Hansard, Perth, 10 April 2015, p. 2.

[61]      Ms Sharon Richards, Committee Hansard, Perth, 10 April 2015, pp 2-3.

[62]      Ms Julie Pianto, Committee Hansard, Canberra, 21 August 2015, p. 19.

[63]      Ms Rayna Lamb, Committee Hansard, Perth, 10 April 2015, p. 20.

[64]      Optia Inc., Submission 19, p. 3.

[65]      Endeavour Foundation, Submission 27, p. 9.

[66]      E.W. Tipping Foundation, response to Submission 9, p. 1.

[67]      Ms Heidi Egarter, Committee Hansard, Sydney, 27 August 2015, p. 10.30

[68]      Ms Sandra Guy, Submission 70, p. 3.

[69]      Dr Ken Baker, Chief Executive, National Disability Services, Committee Hansard, Canberra, 21 August 2015, p. 21.

[70]      Women with Disabilities Victoria, Submission 53, p. 21.

[71]      Committee Hansard, Perth, 10 April 2015, p. 32.

[72]      Ms Samantha Connor, Committee Hansard, Perth, 10 April 2015, p. 32.

[73]      Ms Marion Bright, Committee Hansard, Melbourne, 30 June 2015, p. 29.

[74]      Ms Margie Charlesworth, Convenor, Women with Disabilities South Australia, Committee Hansard, Adelaide, 28 August 2015, p. 13.

[75]      JFA Purple Orange, Submission 12, p. 19.

[77]      Ms Hilary Smith, Business Development and Partnerships Coordinator, Northcott, Committee Hansard, 27 August 2015, p. 26.

[78]      Yooralla, Submission 146, pp 2-3.

[79]      Optia Inc. Submission 19, p. 1.

[80]      With the exception of Northcott, which did encourage people to whom they provide services to make submissions to the inquiry.

[81]      Ms Silvana Gant, Committee Hansard, Adelaide, 28 August 2015, p. 10.

[82]      Dr Sherene Devanesen, Chief Executive Officer, Yooralla, Committee Hansard, Melbourne, 30 June 2015, p. 1.

[83]      Ms Jules Anderson, Committee in-camera Hansard, Melbourne, 30 June 2015, p. 17.

[84]      Mr Milton Keynes, Submission 6, p. 2.

[85]      Ms Cheryl McDonnell, Submission 37, p. 12.

[86]      Ms Wanita McDade, Committee Hansard, Perth, 10 April 2015, p. 42.

[87]      Ms Margot Morris, Committee Hansard, Melbourne, 27 August 2015, p. 2.

[88]      Disability Justice Advocacy Inc., Submission 14, p. 4.

[89]      Intellectual Disability Rights Service, Submission 128 Attachment 1, p. 3.

[90]      Children with Disability Australia, Submission 144, p. 22.

[91]      Professor Richard Bruggeman, Submission 7.

[92]      Ms Naomi Anderson, Committee Hansard, Melbourne, 30 June 2015, pp. 27-28.

[93]      Endeavour Foundation, Submission 27, p. 6.

[94]      Professor Richard Bruggeman, Committee Hansard, Adelaide, 28 August 2015, p. 31.

[95]      Ms Cheryl McDonnell, Submission 37, p. 10.

[96]      Mr David Bowen, Chief Executive Officer, National Disability Insurance Agency, Committee Hansard, Melbourne, 30 June 2015, pp. 38-39.

[97]      Committee Hansard, Perth, 10 April 2015, p. 33.

[98]      Submission 6, p. 2.

[99]      Committee Hansard, Adelaide, 28 August 2015, p. 32.

Chapter 9 - National Disability Insurance Scheme

[1]        Terms of Reference (l): the challenges that arise from moving towards an individualised funding arrangement, like the National Disability Insurance Scheme, including the capacity of service providers to identify, respond to and prevent instances of violence, abuse and neglect against people with disability; and Terms of Reference (m): what elements are required in a national quality framework that can safeguard people with disability from violence, abuse and neglect in institutional and residential settings.

[2]        For example: Dr Louise Roufeil, Executive Manager, Professional Practice, Australian Psychological Society, Committee Hansard, Melbourne, 30 June 2015, p. 32.

[3]        Western Australia is currently trialling the National Disability Insurance Scheme (NDIS) My Way model in the Lower South West and Cockburn–Kwinana areas and the NDIS in the Perth Hills area: http://disability.wa.gov.au/wa-ndis-my-way/wa-ndis-my-way/, accessed 30 September 2015; http://www.ndis.gov.au/about-us/our-sites/wa, accessed 9 November 2015.

[4]        Senator the Hon Mitch Fifield and the Hon Malcolm Turnbull MP, Prime Minister, 'Delivering the National Disability Insurance Scheme', joint media release, 16 September 2015, http://www.formerministers.dss.gov.au/15426/delivering-the-national-disability-insurance-scheme/, accessed 30 September 2015.

[5]        The NDIS Access checklist is available online at http://www.ndis.gov.au/ndis-access-checklist, accessed 29 October 2015

[6]        For the New South Wales example: see NDIS, What is the National Disability Insurance Scheme, Information about the NDIS, what it does and how to access it, factsheet, 25 August 2015, http://www.ndis.gov.au/sites/default/files/documents/our-sites/NDIS-NSW-roll-out-Participant-pack.pdf, accessed 29 October 2015.

[7]        Existing disability service systems will also provide for people with disability who qualify as participants in the NDIS but whose individual plan has not yet commenced.

[8]        Ms Therese Sands, Co‑Chief Executive Officer, People with Disability Australia, Committee Hansard, Sydney, 27 August 2015, p. 44.

[9]        Mr Damian Griffis, Chief Executive Officer, First Peoples Disability Network Australia, Committee Hansard, Sydney, 27 August 2015, pp 44–45.

[10]      Ms Christina Ryan, General Manager, Advocacy for Inclusion, Committee Hansard, Canberra, 21 August 2015, p. 8. Also see: Mr David Craig, Project Coordinator, Victorian Advocacy League for Individuals with Disabilities, Committee Hansard, Melbourne, 30 June 2015, p. 49; Ms Therese Sands, Co‑Chief Executive Officer of People with Disability Australia and Australian Cross Disability Alliance, Committee Hansard, Sydney, 27 August 2015, p. 44.

[11]      Productivity Commission, Disability Care and Support, Report No. 54, Canberra, 31 July 2011, http://www.pc.gov.au/inquiries/completed/disability-support/report, accessed 30 September 2015.

[12]      Part 2 of Chapter 3 of the National Disability Insurance Scheme Act 2013 focuses on self‑direction through the creation and management of participants' plans.

[13]      Committee on the Rights of Persons with Disabilities, Concluding Observations Australia, UN Doc. CRPD/C/AUS/CO/1, 2013, p. 1, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fAUS%2fCO%2f1&Lang=en , accessed 30 September 2015.

[14]      Mr David Bowen, Chief Executive Officer of NDIA, Committee Hansard, Melbourne, 30 June 2015, p. 41.

[15]      Ms Christina Ryan , Committee Hansard, Canberra, 21 August 2015, p. 13. Also see: Ms Mary Mallett, Chief Executive Officer, Disability Advocacy Network Australia, Committee Hansard, Canberra, 21 August 2015, p. 14, who suggested that the NDIA provide funding to facilitate self-advocacy preplanning.

[16]      Ms Christina Ryan, Committee Hansard, Canberra, 21 August 2015, p. 13.

[17]      Ms Colleen Pearce, Office of the Public Advocate, Victoria, Committee Hansard, Melbourne, 30 June 2015, p. 33.

[18]      Ms Colleen Pearce, Committee Hansard, Melbourne, 30 June 2015, p. 33.

[19]      Dr Louise Roufeil, Committee Hansard, Melbourne, 30 June 2015, p. 35.

[20]      Professor Richard Bruggemann, Committee Hansard, Adelaide, 28 August 2015, pp 26–27.

[21]      Mr Robbi Williams, Chief Executive Officer, JFA Purple Orange Committee Hansard, Adelaide, 28 August 2015, p. 55.

[22]      Professor Richard Bruggemann, Committee Hansard, Adelaide, 28 August 2015, p. 26.

[23]      Paragraph 34(1)(c) of the National Disability Insurance Scheme Act 2013.

[24]      National Disability Insurance Scheme website, Pricing and Payment, http://www.ndis.gov.au/providers/pricing-and-payment, accessed 2 November 2015. The unit pricing arrangements were recently reviewed, with effect from 1 August 2015: NDIS website, Pricing and catalogue changes from 1 August 2015, http://www.ndis.gov.au/providers/pricing-and-payment/pricing-changes-2015, accessed 9 November 2015.

[25]      Mr Lloyd Williams, National President, Health Services Union, Committee Hansard, Sydney, 27 August 2015, p. 13.

[26]      Ms Helen Killmier, Executive Manager, Disability Solutions, UnitingCare lifeAssist, Committee Hansard, Melbourne, 30 June 2015, p. 31.

[27]      Ms Tammy Munro, Lead Organiser, Committee Hansard, Sydney, 27 August 2015, p. 9.

[28]      Ms Kelly Shay, Assistant Secretary, Committee Hansard, Perth, 10 April 2015, p. 40.

[29]      Business Development and Partnerships Coordinator, Committee Hansard, Sydney, 27 August 2015, p. 29.

[30]      Mr David Bowen, Committee Hansard, Melbourne, 30 June 2015, p. 40.

[31]      The Hon. Jenny Macklin MP, Minister for Disability Reform, and Ms Amanda Rishworth, Parliamentary Secretary for Disabilities and Carers, 'Expert Forum to Advise on DisabilityCare Australia Workforce', joint campaign media release, 9 August 2013, p. 1.

[32]      V Edwards, 'Coalition defends delay to 'rushed' disability forum', The Australian, 20 January 2014, p. 3.

[33]      NDIS Senior Officials Working Group, Consultation Paper: Proposal for a National Disability Insurance Scheme Quality and Safeguarding Framework, Disability Reform Council, February 2015, https://engage.dss.gov.au/wp-content/uploads/2015/01/Proposal-for-an-NDIS-Quality-and-Safeguarding-framework-7.pdf, accessed 27 October 2015.

          The objectives of the quality and safeguarding framework are to advance the rights of people with disabilities and minimise the risk to harm, while maximising the choice and control they have over their lives: p. 11.

[34]      Department of Social Services, Submission 104, p. 30.

[35]      Mrs McDevitt, Department of Social Services (DSS), Committee Hansard, Canberra, 21 August 2015, p. 4.

[36]      Mr Bruce Smith, Branch Manager, National Disability Insurance Scheme, DSS, Canberra, 21 August 2015, p. 4. Also see: Mrs McDevitt, DSS, Canberra, 21 August 2015, p. 4.

[37]      Parliament of Victoria, Family and Community Development Committee, Inquiry into Abuse in Disability Services, August 2015, http://www.parliament.vic.gov.au/images/stories/committees/fcdc/inquiries/58th/Abuse_in_disability_services/FCDC_58-01_Interim_Report_-_Abuse_in_Disability_Services.pdf, accessed 2 November 2015.

          Victorian Ombudsman, Reporting and investigation of allegations of abuse in the disability sectors: Phase 1–the effectiveness of statutory oversight, June 2015, https://www.ombudsman.vic.gov.au/Investigations/Investigation-into-disability-abuse-reporting, accessed 2 November 2015.

[38]      Parliament of Victoria, Family and Community Development Committee, Inquiry into Abuse in Disability Services, August 2015, p. xviii.

Also see: Victorian Ombudsman, Reporting and investigation of allegations of abuse in the disability sectors: Phase 1–the effectiveness of statutory oversight, June 2015. The Victorian Ombudsman endorsed the good practices operating in Victoria (such as the role of Community Visitors) and cautioned against a national framework that reduces existing safeguards in Victoria: paras 20–21 and 549.

[39]      For example: Professor Richard Bruggemann, Committee Hansard, Adelaide, 28 August 2015, p. 24.

[40]      Dr Louise Roufeil, Committee Hansard, Melbourne, 30 June 2015, p. 34. Also see: Mr Peter Cross, President, United Voices for People with Disabilities, Committee Hansard, Melbourne, 30 June 2015, p. 45, who queried whether improvement in safeguards and protections will be delayed until full roll out of the NDIS.

[41]      Committee Hansard, Sydney, 27 August 2015, p. 40.

[42]      Committee Hansard, Sydney, 27 August 2015, p. 45.

[43]      Committee Hansard, Canberra, 21 August 2015, p. 12.

[44]      Ms Sue Ash AO, Chief Executive Officer, Committee Hansard, Perth, 10 April 2015, p. 7.

[45]      The five key elements are: provider registration; complaints handling systems; employment screening; self-managed plans; and restrictive practices.

[46]      NDIS Senior Officials Working Group, Consultation Paper: Proposal for a National Disability Insurance Scheme Quality and Safeguarding Framework, Disability Reform Council, February 2015, pp 52–55.

[47]      For example, NSW Disability Network Forum, Submission 55, p. 9. .

[48]      Ms Rayna Lamb, Coordinator, Women With Disabilities WA Inc., Committee Hansard, Perth, 10 April 2015, p. 21. Also see: Ms Samantha Connor, Committee Hansard, Perth, 10 April 215, p. 34.

[49]      Submission 47, p. 69. Also see: Ms Karen Williams, Guardianship Coordinator, Queensland Aged and Disability Advocacy, Committee Hansard, Brisbane, 16 October 2015, p. 36; Ms Kim Chandler, Acting Public Advocate, The Public Advocate, Queensland, Committee Hansard, Brisbane, 16 October 2015, p. 27, who commented similarly and endorsed the continuation of the inspectorate or external visitor programs.

[50]      Committee Hansard, Brisbane, 16 October 2015, p. 29.

[51]      Committee Hansard, Sydney, 27 August 2015, p. 6.

[52]      Mr Bruce Smith, Committee Hansard, Canberra, 21 August 2015, p. 5.

[53]      Australian Cross Disability Alliance, Submission to Department of Social Services, Review of the National Disability Advocacy Framework, 31 July 2015, p. 4, https://engage.dss.gov.au/wp-content/uploads/2015/08/PDF-ACDA_DSS_NDAF_Discussion_FINAL-310715-311.pdf , accessed 7 October 2015.  The alliance emphasised that scheme participants' access to advocacy should not be prioritised over other people with disabilities' access to advocacy. Also see: Ms Aine Healy, Executive Director, Advocacy, New South Wales Council for Intellectual Disability, Committee Hansard, Sydney, 27 August 2015, p. 5; Ms Mary Mallett, Chief Executive Officer, Disability Advocacy Network Australia, Committee Hansard, Canberra, 21 August 2015, pp 14–15.

[54]      Ms Margot Morris, Principal Solicitor, Committee Hansard, Sydney, 27 August 2015, pp 4–5.

[55]      Commonwealth Ombudsman, Submission to Department of Social Services, NDIS Quality and Safeguarding Framework Consultation, 24 July 2015, p. 2, http://www.ombudsman.gov.au/files/Submission_to_NDAF_review_July2015.pdf, accessed 7 October 2015. Also see: Dr Ken Baker, Chief Executive, National Disability Services, Committee Hansard, Canberra, 21 August 2015, p. 24, who agreed that people with disability should have access to advocacy if and when support is required.

[56]      Ms Aine Healy, Committee Hansard, Sydney, 27 August 2015, p. 4.

[57]      Commonwealth Ombudsman, Submission to Department of Social Services, NDIS Quality and Safeguarding Framework Consultation, 24 July 2015, pp 2–3.

[58]      Ms Kelly Vincent, MLA South Australian Parliament, Committee Hansard, Adelaide, 28 August 2015, p. 61.s

[59]      Ms Deidre Griffiths, Principal Solicitor and Executive Officer, Committee Hansard, Melbourne, 30 June 2015, p. 26.

[60]      Committee Hansard, Perth, 10 April 2015, pp 36–37. Also see: Ms Mary Mallett, Chief Executive Officer, Disability Advocacy Network Australia, Committee Hansard, Canberra, 21 August 2015, p. 9.

[61]      Acting Public Advocate, Committee Hansard, Brisbane, 16 October 2015, p. 28.

Chapter 10 - Recommendations

[1]        The full list of recommendations can be found in Appendix 3.

[2]        The full recommendations of this report are included in Appendix three.

APPENDIX 3 - Summary of key recommendations from previous reports

[1]        Australian Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, Final Report, ALRC Report 124, August 2014, pp 11–21, https://www.alrc.gov.au/publications/equality-capacity-disability-report-124 (accessed 20 November 2015).

[2]        Australian Human Rights Commission, Equal Before the Law: Towards Disability Justice Strategies, February 2014, pp 31–38, https://www.humanrights.gov.au/our-work/disability-rights/publications/equal-law (accessed 20 November 2015).

[3]        Productivity Commission, 'Chapter 5: Understanding and navigating the system,' Access to Justice Arrangements, Productivity Commission Inquiry Report no. 72, volume 1, 5 September 2014, pp 149–185, http://www.pc.gov.au/inquiries/completed/access-justice/report (accessed 21 October 2015).