A long road and a disappointing outcome.
Introduction
The Commonwealth and State and Territory governments released their response to the Disability Royal Commission (DRC) on Wednesday, 31 July 2024. This blog focuses on the response of the NSW Government. It is a preliminary analysis that refers mainly to our key concerns raised in response to the recommendations within the Disability Royal Commission Report. Some of the Government responses to the DRC recommendations are concerning because they come across as vague and non-committal. Other responses are more robust and considered.
We acknowledge that the DRC is only one part of the reforms to the disability service and support landscape. However, the Physical Disability Council of NSW will be discussing the government response with the NSW Disability Advocacy Network (NDAN) and disability representative organisations to ensure government is accountable, and continue to lobby for positive long-standing change for people with disabilities.
Overview
The Disability Royal Commission has significantly influenced community attitudes in Australian society, leading to a clearer understanding among the government and public that people with disabilities face disproportionately high rates of violence, abuse, neglect, and exploitation. With this recognition now official, the focus must shift toward enhancing the safety of people with disabilities and eradicating harm against them.
This change in community attitudes needs to be reinforced through systemic legislative and governmental reforms. The Royal Commission uncovered severe and systemic abuse perpetrated by institutions, businesses, and individuals against people with disabilities. The public and people with disabilities in NSW now expect the NSW Government to act on the Commission’s findings to ensure people with disabilities can continue living their lives with dignity and safety.
The NSW Government’s response to the Commission’s recommendations is extremely disappointing. Of the 131 recommendations directed towards NSW, only nine were accepted in full, and 79 were accepted in principle. We are concerned that the responses are lacking specific timelines and detailed plans for implementing changes. While there was agreement on some recommendations, other responses referenced existing initiatives or proposed future actions. However, some responses were non-committal, raising concerns that the NSW Government may not fully implement the Commission’s recommendations.
PDCN is particularly disappointed by the non-committal response from the NSW Government to recommendation 7.35 signing up to the Silver Level Livable Housing Standards in the National Construction Code. Both the DRC and the NDIS Review made very clear recommendations for the NSW Government to sign up to the Livable Housing Design Standards.
Our submission to the NSW Government consultation on the DRC also asked the NSW Government to prioritise recommendation 4.1 on establishing a Disability Rights Act and 6.36 to take immediate action to provide that certain restrictive practices must not be used. We decided to prioritise these recommendations in our submission to the NSW Government as after consulting with our members and the physical disability community, these recommendations were the ones which were deemed to have the biggest impact to prevent the abuse, exploitation, and neglect of people with disabilities.
The NSW and Federal Governments in their response have noted all mention of a Disability Rights Act, and action on restrictive practices has been marked as subject to further consideration, although the NSW Government has acknowledged in this response that they are committed to ‘reducing’ the use of restricted practices. The NSW Government’s approach of deferring disability rights issues to the Commonwealth without a strong state-level stance is frustrating. Where a recommendation is directed to the Commonwealth Government but would have a huge impact on residents in NSW, we also expect the NSW Government to take a clear position on the issue.
In response, through the NSW Disability Advocacy Network, we will be hosting two sector roundtables with the NSW Minister for Disability Inclusion Kate Washington in the next few months and will be mapping and monitoring the activities that the NSW Government has outlined in their response to ensure accountability and follow-through.
Background
On 5 April 2019, the Prime Minister announced the establishment of the Disability Royal Commission, a direct result of the tireless efforts of disability advocates who long recognised the routine violence, abuse, neglect, and exploitation faced by people with disabilities. The Commission’s final report, delivered in September 2023, presented 222 recommendations for the Government’s consideration.
Throughout the Commission’s three-year inquiry, people with disabilities bravely shared their stories of violence, abuse, neglect, and exploitation through public hearings, submissions, and private sessions. For many, this process was profoundly stressful, painful, and traumatic. PDCN firmly believes that a Royal Commission of this magnitude is futile if its recommendations don’t lead to real, transformational change.
In this blog, we analyse the NSW Government’s responses to the Disability Royal Commission’s recommendations, focusing on the recommendations we identified as highly important in our 2023 blog post and those which we asked the NSW Government to respond to in our submission to the NSW Government’s DRC taskforce in January 2024.
Summary of the NSW Government’s Responses
When a recommendation is ‘Accepted in principle’, it means the government supports the overarching policy intent but may explore different approaches. ‘Noted’ means it is not appropriate to indicate acceptance or rejection, and ‘Subject to further consideration’ indicates the recommendation is still being reviewed, potentially awaiting related inquiry outcomes or requiring further consultation.
The NSW Government’s responses to the recommendations can be summarised as follows:
Of the 131 recommendations directed to NSW, just nine were fully accepted, with 79 accepted in principle.
Out of the 11 Housing recommendations, seven were accepted fully or in principle, and four are still under consideration. For Health, ten of the 12 recommendations were accepted (three in full, seven in principle), with two needing further review. In Education, 12 out of 15 recommendations were accepted (one in full, two in part and eight in principle) and two were noted. For Employment, five of the six recommendations were accepted in principle, and one is still subject to further consideration.
In the Criminal Justice area, 13 out of 18 recommendations were accepted (one in full, one in part and 11 in principle), with 4 subject to consideration. For the two Human Rights recommendations, neither were accepted and both are still under consideration. All five Governance recommendations were accepted (one in full and four in principle), as well as all six First Nations recommendations (with one in full and five in principle). Disability Service Providers had three recommendations, all accepted by the NSW Government in principle.
For the NDIS Commission, all 11 recommendations were accepted in principle. Of the 31 Autonomy and Access recommendations, only 17 were accepted (one in full and 16 in principle), and 14 are still under consideration. For Independent Oversight and Complaint Mechanisms, seven of the 16 recommendations were accepted (one in full and six in principle), while nine remain under consideration.
It’s worth noting that all but two of the recommendations marked as ‘Noted’ were directed at the Federal Government or other states. The two noted recommendations for the NSW Government were about phasing out segregated education (Recommendation 7.14) and proposing an alternative to segregated education (Recommendation 7.15).
PDCN Priority Recommendations
Priority recommendation 7.35: Increase the availability and supply of accessible and adaptive housing for people with disabilities through the National Construction Code (NCC)
The Problem
In NSW, a significant shortage of accessible housing options exists for people with physical disabilities, affecting their ability to live safely and independently. Despite 1.3 million people with physical disabilities in NSW, about 75% live in housing that doesn’t meet their needs. The lack of accessible housing impacts their quality of life, health, and economic participation, and also burdens carers and the healthcare system due to in-home trips and falls.
Most people with physical disabilities are neither eligible for, nor would seek to live in, specialist disability accommodation. Most people with physical disabilities live in the private rental market.
Unfortunately, NSW is one of only two states and territories in Australia yet to adopt the Livable Housing Design Standards, with Western Australia being the only other jurisdiction not signed up. The NSW Government adopting Livable Housing Design Standards in line with the NCC will make it easier for people with disabilities, older people, young families and friends and families of these groups to find safe, accessible and comfortable homes.
Adoption of the NCC minimum accessibility standards is consistent with the intent of the NSW Housing Strategy 2041, the National Disability Strategy and the UN Convention for Rights of Persons with Disabilities, to which Australia is party. We also note that Action 9.11 from the NDIS Review recommends that ‘all remaining jurisdictions to sign up to the Livable Housing Design Standards in the National Construction Code’.
Housing remains a critical issue for our members, consistently ranking among their top concerns. This highlights the urgent need for State an Territory governments to commit to increasing the availability and supply of accessible housing in all new builds.
NSW Government Response: Subject to Further Consideration
The NSW Government has failed to commit to adopting minimum accessibility standards in the National Construction Code, marking this recommendation as merely ‘subject to consideration’. This stance suggests a reluctance to act, citing the need for further assessment of the potential impacts of implementation. As a result, NSW remains one of only two states or territories in Australia that have not adopted the Silver Level Livable Housing Design standards. The NSW Government state that they are implementing the Silver Level Livable Housing Design standards for public housing, but the majority of people with disability do not live in, or necessarily desire to live in public housing.
Our Approach
PDCN supports this recommendation as a priority. PDCN have been asking the NSW Government to mandate changes in the NCC for over two years as part of the Building Better Homes Campaign, which we currently co-chair with People with Disability Australia. Despite the government’s lack of commitment, PDCN will continue to push for the adoption of these standards to ensure accessible and adaptive housing becomes standard practice. As the NSW Government and Federal Government invest billions of dollars into building new homes, it is crucial that these new homes are built with minimum accessibility standards so that people with disabilities don’t continue to be locked out of having safe, accessible homes. While we welcome public housing being built to silver level livable standards, this only represents a very small proportion of housing which people with disabilities desire and can utilise. These standards need to apply to all new builds, where people with disabilities will see the benefits. PDCN wants to see this recommendation being adopted in NSW by December 2024.
Priority recommendation 4.1: Establish a Disability Rights Act
The Problem
Discrimination against people with disabilities is unlawful under the Anti-Discrimination Act and Disability Discrimination Act. However, these laws do not impose a positive duty on authorities to actively prevent discrimination. A Disability Rights Act would fulfill Australia’s obligations under the UN Convention on the Rights of Persons with Disabilities and would promote and advance the rights of people with disabilities in Australia.
NSW Government Response: Noted
The NSW Government noted that the recommendation for a Disability Rights Act is directed at the Australian Government, which is not unreasonable. However, we also expected the NSW Government to take a view in favour of this recommendation. The response to Disability Royal Commission recommendations 4.1 – 4.21 was collectively addressed by both the NSW and Commonweath Governments. The Commonwealth’s response was labelled as ‘Subject to Further Consideration’ and mentioned several initiatives at the national level, including the Disability Services and Inclusion Act 2023 and the international Disability and Equity Rights Strategy.
The NSW Government has said that they are working with other governments to consider the most appropriate and effective ways to strengthen disability rights protections. Recommendations made by the Royal Commission and the NDIS Review on the issue of the rights of people with disabilities are being considered alongside the recently published findings and recommendations of the Parliamentary Joint Committee on Human Rights’ Inquiry into Australia’s Human Rights Framework.
Our Approach
The Disability Rights Act is essential to ensuring Australia meets its obligations under the UN Convention on the Rights of Persons with Disabilities. This Act should include guiding principles to promote and advance the rights of people with disabilities. It would also require Commonwealth entities to consult with people with disabilities, their families, and supporters when developing or changing services that impact the public.
While complaints mechanisms are important, there must be stronger connections between these mechanisms and systems reform. Enforcement powers should extend beyond complaints, enabling compliance and promoting systemic change.
PDCN has consistently called for the introduction of a Human Rights Act in NSW, as Australia remains the only liberal western democracy without a Bill of Rights. People with physical disabilities asked us to prioritise this recommendation as having a disability or human rights framework would be an effective tool to improve the inclusion of people with disabilities overall. We will be watching the next steps on this issue closely and will continue to talk to the NSW Government about progress on this recommendation.
Priority recommendation 6.36: Immediate action to provide that certain restrictive practices must not be used
The Problem
Restrictive practices are used in the ordinary management of people with disabilities across many contexts. Restrictive practices need to be recognised as incompatible with the fundamental rights of people with disabilities – restricting an individual’s physical freedom, their right to personal autonomy and their personal dignity. These practices can be dehumanising, but also potentially physically and psychologically dangerous. These practices can come precariously close to acts of recognised criminality such as physical assault.
NSW Government Response: Subject to Further Consideration
The NSW Government state that they are committed to ensuring people with disabilities are not subjected to prohibited restrictive practices, and we wholeheartedly welcome this commitment. They commit to ‘reducing’ restricted practices, rather than eliminating them.
The NSW Government is currently exploring the Royal Commission’s recommendation to create a legal framework for regulating the use of restrictive practices. They plan to consult people with disabilities and other stakeholders if they decide to move forward with this legislation. Additionally, the NSW Government will collaborate with the Australian Government and other states and territories to improve data collection on restrictive practices and develop targets aimed at reducing their use. Their first priority is to establish consistent targets and measures for disability settings.
Our Approach
Concerns about the use of restrictive practices were raised by the NDAN directly with the NSW Minister for Disability Inclusion, with the group yet to receive a response.
Separate to this, the Parliamentary Portfolio Committee 3 on Education is currently undertaking an inquiry into children and young people with disability in NSW education. We want the NSW Government to ensure that the next steps in this area of work are done in collaboration with people with disabilities and disability advocacy organisations.
Other Recommendations
Housing
Recommendation 7.42: Improve access to alternative housing options
The Problem
Current NDIS administrative and pricing mechanisms often default to group home living over alternative models of inclusive and independent living when participants are seeking appropriate housing for their needs. This is not the desired or appropriate pathway to housing for many people with disabilities.
NSW Government Response: Accept in Principle
The NSW Government has accepted this recommendation in principle along with all other states and territories in a joint statement. This is a loose acceptance of the recommendation from the government, with all governments committed to working together to consider options for alternative housing options for people with disabilities alongside the NDIS Review recommendations and actions. We would like to see tangible actions associated with the acceptance in principle of this recommendation, and a clear timeline of when or what actions will be taken.
The NSW Government’s acceptance in principle of the recommendation to improve access to alternative housing options highlights a recognition of the issue but lacks the concrete actions needed to drive meaningful change. The current NDIS administrative and pricing mechanisms often push participants toward group home living, even when this option is neither desired nor suitable for people with disabilities. This approach undermines the principles of choice and control that the NDIS was designed to uphold.
Our Approach
While the NSW Government, along with other states and territories, has committed to considering alternative housing options in conjunction with the NDIS Review recommendations, this commitment remains vague. The ‘accept in principle’ stance signals agreement with the recommendation’s intent but does not offer a clear path forward. Without specific, actionable steps and a defined timeline, there is a risk that this commitment will not translate into real progress.
For meaningful reform, the NSW Government must move beyond broad commitments and outline specific initiatives to develop and support alternative housing models. This should include exploring diverse living arrangements, such as independent living with tailored support, co-housing, and other inclusive models that promote autonomy and community integration for people with disabilities. Additionally, there should be an emphasis on aligning NDIS funding mechanisms with these alternative options to ensure they are financially viable and accessible to participants.
While the government’s response acknowledges the need for change, it falls short of offering the detailed strategies and timelines required to deliver on the promise of improved housing options for people with disabilities.
Health
Recommendation 6.1: A National plan to promote accessible information and communications
The Problem
Many people with disabilities in Australia still cannot access information and communications on an equal basis to people without disabilities. Accessible information helps people navigate the health system, understand the value of preventative health measures and the availability of screening services, understand diagnosis and medical instructions. Accessible information is critical for enhancing choice and control in health settings.
Accessible information and communications are also critical for protecting people during a crisis. In addition to the COVID-19 pandemic, there has been an increase in the prevalence of natural disasters in Australia since 2019. Part of the criticism from the disability community is that information distributed through official channels has not been accessible in terms of the language, styles, and channels used.
NSW Government Response: Accept in Principle
All governments agree to a review of Australia’s Disability Strategy (ADS) 2021-31. As part of this review the NSW government accepts that there is a need to develop an ‘Associated Plan’ to the ADS which outlines a plan to improve the accessibility of information and communications for people with disabilities. This recommendation also applies to non-health related contexts.
The NSW Government says the Associated Plan will be developed with people with disabilities and their representative organisations. This includes First Nations people with disabilities, people with disabilities from culturally and linguistically diverse backgrounds, people who are Deaf or hard of hearing, people who are blind or have low vision, Deafblind people, people with intellectual disabilities, and other people with disabilities who may face additional barriers to accessing the information and communications they need. Scoping and development will commence in 2024.
In terms of emergencies, the NSW Government encourages people to develop their own emergency plans including when to go early and where they may go if forced to evacuate (response to recommendation 7.35 (c) Disaster Welfare). Accessible information about emergency preparedness is critical for early planning.
Our Approach
We have lobbied for more accessible information and communication on numerous occasions. PDCN has developed a prototype of a mobile application to enhance information sharing and communications in health settings. We advocate for accessible information through the NDAN. And we maintain the I’m Okay emergency preparedness website to support people with disabilities to plan for emergencies.
We will provide advice and guidance to the NSW Government about the Associated Plan to ensure it is a meaningful document that is drafted collaboratively with the disability advocacy community.
Recommendation 6.31 (d): Embed the right to equitable access to health services in key policy instruments
The Problem
PDCN members have raised several issues about their experiences in health settings. Issues include poor communication and information sharing, incorrect care in hospitals, complications with coordinated care, etc.
One key issue are the rules around people’s carers accompanying their clients in hospitals and health care settings. Some people have been left alone, secluded, or chemically restrained in health settings without a support person. There is also ambiguity around a carer’s rights and obligations to provide information on behalf of their client.
NSW Government Response: Accept in Principle
All Governments committed to reviewing all policies and protocols to support an inclusive Australia that ensures people with disabilities have access to high-quality health care. This includes permission to be accompanied by a support person in as many health settings as possible.
There may be some situations where disability support workers are not able to accompany patients (e.g. during surgical procedures; some involuntary or forensic spaces). The NSW Government say these instances will be minimised, and State and Territory governments will ensure that disability adjustments and support are fully provided where support workers cannot be present.
Our Approach
Through NDAN we raised issues directly with the NSW Minister for Disability Inclusion Kate Washington about the problems faced by people with disabilities in health settings. PDCN is lobbying the government for a parliamentary review into health services.
The NSW Government acknowledges that there will be circumstances where it is not appropriate for a supported decision maker to accompany a client in a health setting. However, the disability advocacy sector will follow up with the Government about these circumstances and what alternatives the Government proposes to make sure the outcome of regulatory and policy changes are in the best interest of people with disabilities.
Recommendation 6.32: Increase capacity to provide supports and adaptations through improved guidance, funding and accessible information
The Problem
Quality health care is an essential service and a human right. The UN Convention on the Rights of People with Disabilities recognises that people with disabilities have the right to ‘the enjoyment of the highest attainable standard of health without discrimination on the basis of disability’.
In August 2021, PDCN received distressing accounts from our members regarding the persistent challenges faced by people with disabilities when seeking appropriate care in healthcare settings. Many of the issues raised are around communication and the lack of alternate communication tools in hospitals (i.e. interpreters, flashcards, assistive technology), limited availability of mobility devices (wheelchairs) and limited availability of medical equipment needed for people with physical disabilities (i.e. adjustable examination tables).
NSW Government Response: Accept in Principle
The NSW Government recognised that people with disabilities have a right to receive high-quality health care and that adaptations and supports may need to be tailored to individual needs.
This recommendation also requires consideration of any activities that are in-scope of National Health Reform Agreement public hospital services, as well as consideration of any activities that align with reforms considered for the 2025-30 National Health Reform Agreement Addendum.
Our Approach
The terms of reference for the proposed Parliamentary Inquiry includes a recommendation for a ‘stocktake’ of disability-related technology and equipment to allow the government to target funds to specific hospitals and health practices that need more of these items.
More broadly, PDCN are mapping all the strategies and initiatives mentioned in the Government’s response to the DRC. The Government proposes some exciting strategies and initiatives be reviewed through a disability lens with a view to making them more inclusive. We will endeavour to provide advice and guidance through disability representative organisations to all these strategies including the National Health Reform Agreement.
It is critical that initiatives such as the National Health Reform Agreement take account of the needs of people with disabilities in a meaningful way, and not simply include a written reference to people with disabilities.
Employment
Recommendation 7.19: Establish specific disability employment targets for new public service hires in agencies and departments
Recommendation 7.21: Develop an Australian Public Service-wide adjustment passport to improve the ease with which people with disabilities can maintain and transfer their adjustments when moving within the Australian Public Service
The Problem
People with disabilities, including those participating in the workforce, experience higher levels of economic disadvantage than people without disabilities and are more frequently employed in precarious or casual employment. Acceptance of these recommendations would require the Australian Government and State and Territory governments to be required to set a target to ensure that at least 7% of new public service hires to their respective workforce are people with disabilities by 2023, increasing to 9% by 2020.
NSW Government Response: Accept in Principle
The NSW Government response has accepted this recommendation in principle along with all other states and territories in a joint statement. This joint statement recognised the right for people with disabilities to have work and supports continued action to increase employment opportunities for people with disabilities in the public sector. Information is currently published annually on NSW public sector disabilities employment strategies, and targets through the State of the Public Sector Report, Workforce Profile Report and the People Matter Employee Survey report, as well as through Disability Inclusion Plan reporting.
Our Approach
Regarding specific disability employment targets for public service hires, PDCN acknowledges that this can have a positive impact, however there is a need to consider data and privacy considerations carefully to ensure this does not disadvantage people with disabilities. The NSW Government specific response notes the need to consider feasibility to achieve targets, and the application of these targets in specific contexts.
While it is important to improve the employment rates of people with disabilities and their inclusion in the workforce, privacy considerations must be fully understood and assessed before action is taken. It is integral that people with disabilities with lived experience are included in the development of any new legislative or guidance frameworks for employers, and that if implemented, this data is securely stored and not used in discriminatory ways.
Human Rights
Recommendation 4.12: Positive duty to promote disability equality and inclusion
The Problem
There is currently no legislative obligation for Commonwealth entities to promote a positive duty that ensures the equality of rights for people with disabilities. This means that the burden of proving a breach of rights or disability discrimination rests solely on the person whose rights have been breached.
NSW Government Response: Noted
The NSW Government has deferred all comment on recommendations related to the creation and adoption of a Disability Rights Act to the Federal Government. This leaves the NSW Government position on the adoption of a Disability Rights Act unclear, however any response to this recommendation will take lead from the Federal Government, which has not accepted the recommendation for a Disability Rights Act citing this recommendation as subject to further consideration.
Our Approach
Under the Disability Rights Act, there will be a positive duty for Commonwealth entities to ensure the rights of people with disabilities and act consistently with obligations under the Act. This would make it unlawful to fail or refuse to make an adjustment for a person with disabilities unless the adjustment would impose a valid unjustifiable hardship. It will also ensure that the burden of providing access and upholding the rights of people with disabilities falls on Commonwealth entities. This sets a minimum and enforced standard of accessibility and inclusion for people with disabilities in public spaces and private business and would place the burden for enforcement and obligation to provide access on the Commonwealth rather than individuals.
We will discuss these issues at the next NDAN meeting and raise concerns through Disability Representative Organisations.
Recommendation 4.18: Functions of the National Disability Commission to support compliance with the Disability Rights Act
The Problem
There is currently no legislative obligation for Commonwealth entities to promote a positive duty that ensures the equality of rights for people with disabilities. This means that the burden of proving a breach of rights or disability discrimination rests solely on the person whose rights have been breached. This recommendation centres around the creation of a National Disability Commission to support the implementation and enforcement of the previously recommended Disability Rights Act.
The Commission would have powers of inquiry, enforcement, and oversight of non-compliance with the Disability Rights Act. If there is no Disability Rights Act the establishment of the Commission would be redundant.
NSW Government Response: Noted
All comment on this recommendation from the NSW Government have been directed to the Federal Response as this recommendation is directed at the Australian Government.
Our Approach
From a broader perspective the disability service and support landscape is undergoing reform. We will provide advice and guidance to the NSW Minister for Disability Inclusion about harnessing this opportunity to develop a new landscape that works for people with disabilities.
Recommendation 5.1: Development of a National Disability Agreement
The Problem
There are several disability-related policies, programs and systems across Australia. The disability sector is becoming confusing in terms of roles and responsibilities, and it is not operating as effectively as needed.
NSW Government Response: Accept in Principle
The NSW Government committed to ensuring intergovernmental arrangements support collaboration to advance equality, inclusion and the rights of people with disabilities in Australia.
All governments have agreed to work together with the disability community, to:
- Implement legislative and other changes to the NDIS to improve the experience of participants and restore the original intent of the Scheme, within a broader ecosystem of supports.
- Jointly design additional Foundational Supports to be jointly funded through new Federal Funding Agreements, with additional costs split 50-50 between the Commonwealth and jurisdictions.
- Undertake a targeted review of Australia’s Disability Strategy 2021-31.
Governments will respond this recommendation by 31 December 2024.
Our Approach
We agree with the NSW Government response to this recommendation. We acknowledge that government is working towards improving the NDIS, building a system of foundational supports and reviewing the Australian Disability Strategy.
We are actively monitoring the NDIS reforms, undertaking research into foundational supports, and monitoring initiatives in mainstream settings. We will continue to work with government to provide the best possible advice to influence positive systemic change in these areas.
Recommendation 5.6: New governance arrangements for disability
The Problem
The disability sector requires strategic direction and coordination to enhance efficiency. The DRC recommends the establishment of a separate portfolio responsible for the disability and carers policies and programmes which are currently under the jurisdiction of the federal Social Services portfolio. There is also the call for the establishment of a federal Minister for Disability Inclusion, who would hold responsibility for the disability-related strategies, policies and programmes currently held by the Minister for Social Services. Alongside this, it is recommended that a federal Department of Disability Equality and Inclusion be established.
NSW Government Response: Noted
This recommendation is directed at the Australian Government.
Our Approach
We acknowledge that this recommendation is targeted to the Commonwealth government. However, we would have liked to better understand the NSW Government view on this matter and would appreciate the NSW Government advising the Commonwealth government to implement this recommendation.
We will review the Commonwealth response to the DRC as a next step.
Advocacy & Data
Recommendation 6.21: Additional funding for advocacy programs
The Problem
Disability advocacy is crucial for promoting equal rights, preventing and challenging discrimination, improving rules and systems to give people with disabilities choice and control over their lives, improving support services and promoting community integration. Importantly, disability advocacy gives people with disabilities a voice. Acceptance of this recommendation would see $16.6 million per annum for the National Disability Advocacy Program over the financial years of 2024-25 and 2025-26, as well as long-term and stable funding for disability advocacy from at least 1 July 2026.
In May 2024, NSW Disability Advocacy organisations saw significant funding cuts to existing organisations delivering capacity building supports in NSW through the federally administered Information, Linkages and Capacity Building grant. This led to substantial cuts for 75% of NSW disability advocacy organisations who are providing capacity-building supports to people with disabilities. For some NSW disability advocacy organisations this meant a cut of 60% of their funding.
NSW Government Response: Accept in Principle
The NSW Government response has accepted this recommendation in principle alongside other states and territories in a joint response. In this response, the government recognises the importance of disability advocacy, however, has made no real commitment to secure, long-term funding beyond 2026. There is also mention of the endorsement from disability ministers of the National Disability Advocacy Framework 2023-2024. This commits all governments to work together to improve national consistency and access to advocacy services for people with disabilities across Australia.
Our Approach
The NSW Government has rolled over funding for systemic, representative and individual advocacy for NSW disability advocacy organisations until 2026, which is a welcome relief for our sector and means that people with disabilities will continue to receive advocacy support and benefit from the changes that systemic advocacy makes to their lives. We expect the NSW Government to respond to this recommendation by increasing investment in advocacy work in the state in the future.
Recommendation 6.22: Improved data collection and reporting on met and unmet demand for disability advocacy
Recommendation 12.5: A nationally consistent approach to data collection
The Problem
Inconsistent data collection on disability hampers efforts to address the needs of people with disabilities by leading to gaps in services, misinformed policies, and poorly allocated funding. It also makes it difficult to track the success of programs, potentially overlooking marginalised groups and entrenching inequalities.
Additionally, the lack of consistent data weakens advocacy efforts and limits research, hindering the development of effective solutions and technologies. Overall, these inconsistencies prevent the creation of a more inclusive society where the needs of all people with disabilities are properly understood and met.
NSW Government Response: Accept in Principle
The NSW Government Response has accepted these recommendations in principle alongside other states and territories in a joint response. There is an acknowledgement of the importance of data collection and publication in the role of safeguarding people with disabilities and informing evidence-based approaches to reforms for better outcomes.
In relation to the approach to data by government bodies, in January 2024, Disability Ministers agreed that Commonwealth, State and Territory officials focus and accelerate work to resolve data gaps in relation to the reporting requirements under Australia’s Disability Strategy 2021-2031 Outcomes Framework by the end of 2024. Governments are also working to develop an action plan with timeframes to drive data collection, and reporting on data-related Disability Royal Commission recommendations. This is set to be published in 2024.
Our Approach
We welcome the fact that the NSW Government accepts this recommendation in principle and expect that the NSW Government will involve disability advocacy organisations and people with disabilities in co-designing this work.
Concluding Comments
For four and a half years our community expressed their vulnerability and trauma by sharing experiences of discrimination, abuse, violence, and neglect to inform the Disability Royal Commission report and its 222 recommendations. Many of these recommendations would drastically improve the quality of life of thousands, if not millions, of people with disabilities across the country. After this monumental feat, the NSW Government response that was published in July 2024 is an underwhelming answer to actions that would ultimately better the lives of people with disabilities.
While many of the recommendations made were directed at the Federal Government, the NSW Government has remained vague in their responses, and veered on the side of cautious acceptance with a lack of detailed next steps or commitment. It is disappointing to see, after people with disabilities have sacrificed so much in the hope that these recommendations would be accepted and make change, that the NSW Government has not upheld these hopes in their response.
Many of the recommendations hesitantly accepted in principle and subject to consideration note the need for further consultation. At a bare minimum, we expect to see these consultations done meaningfully with people with disabilities at the helm, and utilising adequate co-design with communities. There is a pressing need for the NSW Government to outline more detailed, actionable plans that address the needs and rights of people with disabilities effectively. For now, PDCN will continue to advocate for the implementation of priority recommendations such as the adoption of minimum accessibility standards in the National Construction Code and collaborate with the broader disability sector to ensure these recommendations that have the capacity to change lives are taken seriously by government.
