Authors: Carolyn Frohmader and Therese Sands for and on behalf of Women With Disabilities Australia (WWDA): Hobart, Tasmania.
This response outlines WWDA’s initial analysis and response to the Final Report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission / DRC) and its 222 recommendations, which was tabled in the Australian Parliament on 29 September 2023.
WWDA has been actively involved in all aspects of the DRC, including by giving direct evidence at public hearings, participating in private sessions, providing evidence-based submissions, attending forums, contributing to commissioned research, working collaboratively with Commissioners and staff of the DRC, and engaging in stakeholder groups, sector coordination and more.
For the purpose of this submission, our analysis focuses on ten areas for action, which we have long considered to be priorities in the context of ending all forms of violence, abuse, neglect and exploitation of people with disability:
- End Segregation of people with disability
- Ensure all people with disability enjoy legal capacity and equality before the law
- End all forms of forced treatment and restrictive practices
- Ensure people with disability, particularly women and girls enjoy sexual and reproductive rights
- Urgently address indefinite detention and deprivation of liberty of people with disability, particularly First Nations people with disability, people with cognitive disability and people with psychosocial disability
- End discrimination against migrants and refugees with disability
- Urgently address the over-representation of people with disability living in poverty and ensure an adequate standard of living and social protection
- Ensure effective participation of people with disability including through their representative organisations in all matters that affect them
- Implement a Disability Royal Commission Redress and Reparation Scheme
- Embed human rights of people with disability into law and policy
The ten priority areas for action broadly relate to the thematic issues covered by key DRC recommendations. They provide additional context and content to strengthen and complement the DRC recommendations, outline areas where there are gaps in recommendations, and highlight our concerns about recommendations that do not give effect to the rights of people with disability consistent with international human rights law.
With this in mind, and recognising that more comprehensive analysis and response is required for many of the 222 recommendations and the 12 volumes of the Final Report, our overarching recommendation is that:
“People with disability through our representative organisations must be closely consulted and actively involved in all aspects of evaluation, refinement, and implementation of recommendations arising from the Disability Royal Commission.“