Government Response to Disability Royal Commission Recommendations

Last week, following years of advocacy by people with disability, their representative organisations, families, and advocates, the government finally responded to the 222 recommendations by the Disability Royal Commission (DRC). Here we explain what we know so far.

DANA joined with other National Disability Representative Organisations in welcoming new funding and Disability Discrimination Act reforms. However, we are disappointed, frustrated and concerned that so few recommendations were accepted in full and the lack of concrete steps to address issues highlighted by the DRC. We urge the establishment of a Disability Reform Implementation Council to ensure people with disabilities lead the change. Read the Media Statement from Australia’s Disability Representative Organisations.

Australia’s Disability Discrimination Commissioner Rosemary Kayess has also urged stronger commitment, stating in a media release:

People need to know the government has taken the evidence they provided seriously, with the intention to act on key recommendations – no matter how complex or challenging. Genuine change will no doubt take time, but if our leaders are serious about creating a truly inclusive society then we need to plant the seeds of change and act now.”

Acknowledging people with disability and advocates

For many of us in the advocacy sector and broader disability community this was a momentous and emotional time in our fight for rights, safety and inclusion. The community has devoted immense attention and effort, first to bringing the issue of disability abuse and neglect into the spotlight and then to sharing stories, contributing to submissions, and processing the harrowing, yet often familiar, experiences that emerged.

We acknowledge, celebrate and honour the incredible efforts, courage and strength of people with disability and their advocates during the DRC, to share often painful stories and struggle for the transformative change needed. As many have reflected since the announcement, this process evidenced and detailed “on the record” the appalling exclusion, isolation dehumanisation, injustice and trauma people with disability have been subjected to.

As our Deputy CEO El Gibbs explained to Sally Sara on ABC radio The World Today:

No one can pretend that this doesn’t happen anymore and no one can hide from the reality of our lives.

What has the Federal Government committed to?

Funding was announced for reviewing the Disability Discrimination Act and for reforms to quality and safeguarding, community visitor schemes, and targets for reducing restrictive practices. Team DSC has summarised the 13 recommendations fully accepted by the Federal Government.

For the 117 recommendations “accepted in principle,” there’s potential for significant reforms, but often with insufficient details on funding, timelines, or co-design processes. Responses frequently reference ongoing work related to Australia’s Disability Strategy 2021-2031 and previous strategies, where progress has been slow and outcomes hard to measure, with inadequate accountability and funding for drive progress for people with disability.

What has been “noted” or marked “for further consideration”

The response to six recommendations was to “note” them, while 36 are under further consideration. This includes key issues such as transitioning from segregated settings like special schools, group homes, and sheltered workshops, where Commissioners had differing views in the final report. Governance and accountability recommendations, as well as proposals for enshrining rights, have also been “noted” or marked for further consideration. Minister for Social Services Amanda Rishworth mentioned mixed views on embedding disability rights, whether through a Disability Rights Act or inclusion in a Human Rights Act. For a joint position statement on why the latter is preferred, visit the WWDA website.

The Federal Government also:

• asserted there is no need for a disability-specific department, portfolio or Minister as recommended, with current arrangements reflecting the importance government places on matters affecting people with disability.  
• resisted the recommendation for convening a new disability employment rights council, arguing existing forums can be leveraged for collaboration.
• stated they do not have standing to apply to vary the SCHADS award but notes a recent application by relevant unions to clarify application to employees providing NDIS funded support work and services.

What now?

The statement by National Disability Representative Organisations includes a joint call for all on all levels of government to urgently act on the 222 recommendations including provide clear timelines within the next six months on all recommendations accepted in principle and embed disability leadership through establishing a Disability Reform Implementation Council. We believe this should be led by a diverse group of people with disability and their representative organisations, who can set the pace and directly engage in the Council’s outcomes.

We are also seeking more clarity and detail around one of the few areas where new funding was announced – disability advocacy. Stay tuned for more analysis soon.