Cheat sheet to the Disability Royal Commission

Plus, a perfect tribute to Lorde's perfect Ribs.

It took all day Friday to unpack the 222 recommendations made by the Disability Royal Commission. This was the biggest, longest & most expensive inquiry of its kind – as it should be, because this is important. It took 4.5 years, 1817 hearings, 837 witnesses and $600million to get here. Reading through the recommendations, it is shocking just how basic some of them are – these are things that should have already been in place (and most of us had probably assumed they were in place).

It’s powerful to now have the systemic cruelty, inadequacy and violence imposed on disabled people officially on the record. Carly Findlay gave evidence to the Commission and I highly recommendation reading her blog about the experience here. “We have shared traumas, secrets and shame. We have shone a light on unforgivable – but preventable – violence. Don’t let this be for nothing.”

The government must respond by March 2024. But because this report has so much for them to do, I’m not sure what kind of response we’ll get. It’s likely to only address the layer that sits on top: establishing a new Disability Rights Act, a key independent body to oversee everything else, and maybe a new department and Minister for Disability Inclusion. Maybe.

I managed to get the 222 recommendations down to 1400 words for you, summarised by section.

THE RECOMMENDATIONS:

SECTION 4 – Disability Rights Act: The government should create a Disability Rights Act to formally define and protect the human rights of people with disabilities – including the freedom from abuse, exploitation, discrimination and vilification, and the right to access healthcare. It should be enforceable by law/the courts, with a clear process for making complaints. The Act would also require the govt to actively promote disability inclusion & equality.

SECTION 5 – Government Structures: Federal, state & territory governments should form a National Disability Agreement (NDA) by the end of 2024, outlining their plan for implementing: the Royal Commission recommendations; the national Disability Strategy 2021-2031, and the NDIS. The agreement must factor in how things like employment, housing, family and sexual violence, disaster management etc all impact people with disabilities.

Federal government should also create:
1. An independent National Disability Commission by mid-2025, which will report on the progress of the Disability Strategy every two years.
2. A federal Department of Disability Equality & Inclusion, with a Minister for Disability Inclusion

SECTION 6 – Autonomy: Improve accessibility of information, communication and decision-making power through things like:

  • Increasing number of and access to interpreters

  • Changing guardianship legislation to allow for people with disabilities to nominate ‘support persons’ to help with financial, legal, medical & other administrative decisions. Making decisions for people with disabilities (substitute consent) should be a last resort option rather than the default

  • Creating specific services & training in health, mental health, education etc for people with cognitive disabilities

  • Banning restrictive practices (e.g. use of physical restraints or sedatives) & psychotropic medication, except in last resort cases, with public monitoring and reporting on the use of theses practices

  • Banning non-therapeutic sterilisation, unless the person has given voluntary informed consent or their life is threatened.

SECTION 7 – Education, Work, Housing:
EDUCATION: Children with disabilities must be legally allowed to enrol in local mainstream schools – so, we need policies & better funding allocated to these kids. Create a roadmap to end segregated schools, with key milestones: no new ‘special schools’ built from 2025, stopping new enrolments in existing special schools from 2032, with no remaining students in those schools by the end of 2051.

EMPLOYMENT: Overhaul the Disability Employment Services, including training staff in the basics they should honestly already have (like disability awareness, cultural competence & human rights). Set targets for employment at all levels of public service, with pathways to support each. Make sure people with disabilities are paid the minimum wage by 2034 (they currently get less than 50%) – with an overall goal of ending segregated employment by 2034.

HOUSING: Prioritise people with disabilities national homelessness strategies. Update the National Construction Code so all new dwellings (incl social housing) must meet accessible design standards, increasing supply of accessible housing. Set targets for crisis accomodations (e.g.: domestic violence, natural disasters) to also meet these codes. Phase out group homes by 2018.

SECTION 8 – Crime & Justice: The state of this category is shocking. Key recommendations:

  • RAISE THE AGE OF CRIMINAL RESPONSIBILITY TO 14!

  • Ban solitary confinement in youth detention.

  • End indefinite detention.

  • Mandatory disability screening and assessment in both youth detention and adult custody, to ensure they get the support and treatments they need and are handled appropriately.

  • Disability training for youth detention staff.

  • Create a five-year Action Plan for Women and Children with Disability within the existing Plan to End Violence against Women and Children

  • Mandatory data collection and public reporting of the number of people under forensic orders (not guilty due to cognitive impairment or found unfit to plead).

  • Every police service to have ‘adequate’ numbers of dedicated disability liaison officers, and govts to establish an alternative pathway for people with disabilities to report crimes to police.

SECTION 9 – First Nations: Re-design the guidelines for parenting capacity assessments for First Nations parents with disability, led by First Nations’ agencies and advocates. Screen all kids up to age 5 who are going into out-of-home care with the Raising Aboriginal Kids tool (ASQ-TRAK). Increase block funding for First Nations Community Controlled Organisations so they can deliver flexible supports and services as needed in remote communities. Fund return-to-country trips through the National Disability Insurance Agency, and establish a First Nations Disability Forum to advise and develop plans on an ongoing basis.

SECTION 10 – Disability Services: Firstly, the NDIS Quality and Safeguards Commission has to improve literally every aspect of the way it currently operates. Other key recommendations:

  • Create a program to embed human rights into the design and provision of disability services, to start on 1 July 2025.

  • Create and fund a ‘provider of last resort scheme’ to ensure no one slips through the gaps of this complicated network of services. Proposal must be submitted in 2024.

  • Establish a national Disability Support Worker Registration scheme by 1 July 2028. It must cover the type of jobs, code of conduct, minimum standards, security checks, accreditation standards and more.

  • NDIA should be connecting National Disability Insurance Scheme (NDIS) participants living in supported accommodation with an appropriate disability advocacy organisation.

SECTION 11 – Independent Oversight & Complaints: States and territories should review their adult safeguarding laws (i.e.: laws on the abuse, neglect, violence & exploitation) to make sure they are consistent. They must have a an independent ‘one-stop shop’ complaint system in place for reports of violence, abuse, neglect and exploitation of people with disabilities. And they must also set up a system with the federal government for this to all be maintained and monitored at the national level.

SECTION 12: Beyond the Royal Commission: The Australian Government and each state and territory governments should publish their written response and plan by 31 March 2024. Then, from 2025 the National Disability Commission should table an annual report on how everything is progressing. This section also includes a proposal for the Australian Bureau of Statistics and the Australian Institute of Health and Welfare to collect more, better data on metrics relevant to people with disabilities, to help improve decision-making and transparency going forward.

And that’s it. I hope this helps.

– Crystal
Founder & Chief of Everything at Zee Feed
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Good stuff on Zee Feed rn:

BE AWARE, BE PREPARED. Quick little explainer on the strategy from Donald Trump’s adviser that Peter Dutton has been applying full force in Australia. Like, the media uses the words “Trumpian tactics” a lot but don’t really explain what that means – so here it is. CLICK HERE TO READ.

Smart stuff on the Internet 💭

All the stuff I found on the web that made me think, smile, or have an ‘aha!’ moment. Spend your Sunday reading them – you'll be better off for it:

How Lorde Prophesied the Tumblr Generation’s Bittersweet Coming-of-Age on ‘Ribs’ on Rolling Stone
"Lorde detailed her adolescent disenchantment with the illusion of time — a finite resource often presented to young people as an endless luxury — with striking emotional resonance on ‘Ribs’. Over the past decade, the deep cut has taken root among a generation of listeners acutely aware of the quickening pace at which their youth is accelerating.”

The End of Privacy is a Taylor Swift Fan TikTok Account Armed with Facial Recognition Tech on 404 Media
File under: I hate this. People are now using facial recognition technology to identify the full name, social accounts and workplaces of strangers in the background of videos. “Some of those [comment] requests include “plz we need your help,” “u know what has to be done,” and “find me this man.” The requests appear to come from a mix of voyeurism, attraction, and vague interest. In other words, people just felt like knowing more about these targets’ private lives.”

Slim pickings: the state of fatness on Australian stages on Arts Hub
“In the absence of fat stories told by fat people, we’re left with a massive elephant in the room: a belly-sized hole where a fat canon should be. Without telling stories that grapple with body politics, we’re left to understand fatness through the scraps of thin storytellers. Through their lens, fatness can only ever be the starting point on a journey to a different body: theirs.”

From now until the Oct 14 referendum, I’m recommending perspectives from our big list of First Nations opinions on the Voice each week:

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