The Royal Commission’s final progress report
On 14 March 2023, the seventh and final progress report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was released.
On 14 March 2023, the seventh and final progress report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was released.
In October 2022, the Royal Commission published the Roundtable – Supported decision-making and guardianship: Summary report – a summary of two policy roundtables held in May and June 2022. The Public Guardian participated in the Roundtable discussion.
In the six months to 31 December 2022, the Commission held seven standalone public hearings, which included Public Hearing 30 on ‘Guardianship, substituted and supported decision making’.
At Public Hearing 30, 28 witnesses gave evidence about their experiences of guardianship across various Australian states. The hearing examined the experiences of people with disability, particularly those with an intellectual disability or cognitive impairment, with guardianship and administration. The hearing focussed on how substitute decision-making affects the rights of people with disability.
"But the focus is on what the person wants, who is able to tell us that, and we may at times have to rely on previous views, if that person can no longer give us a view.", Former NSW Public Guardian, Megan Osborne.
Mr Ricky Kremer as a representative from Council for Intellectual Disability, CID, gave evidence about his experience saying:
Decision-making is a human right. Human rights means that everyone in the world has value. They are rules about what a person can do or have or not. It means to have control over my own decisions, with or without support and adjustments.
Former NSW Public Guardian, Megan Osborne, gave evidence on Day 4 of Public Hearing 30. Ms Osborne said:
“It is a hard one to navigate when we have a substitute decision-making and best interests legislation. However, in practice, what that looks like for our guardians is that the time is taken to understand and seek the view of the person we represent - so what is their will and preference, what do they want to happen - then take into account other people who might be important in their life as well.
But the focus is on what the person wants, who is able to tell us that, and we may at times have to rely on previous views, if that person can no longer give us a view. And then, where we can, trying to make a decision that lines up with that person's will and preference”
Emerging themes
From information provided in private sessions (from 1 July to 31 December 2022):
- The accounts of violence, abuse, neglect or exploitation analysed occurred in settings including schools (18 per cent of accounts), Australian Government and state and territory government services (28 per cent), the workplace (6 per cent), health settings (17 per cent), group homes (8 per cent), and family and domestic settings (14 per cent).
- Over half (55 per cent) of the accounts analysed described incidents of systemic abuse, 52 per cent involved violence and abuse, 39 per cent described neglect, and 7 per cent were about exploitation.
Note: These numbers exceed 100 per cent because many accounts were about multiple forms of violence, abuse, neglect and exploitation.
- In 48 per cent of accounts there was a pre-existing relationship between the person with disability and the alleged perpetrator of the violence, abuse, neglect or exploitation.
- Many participants also described difficulties encountered in accessing the NDIS, including barriers to access and inadequate support or funding.
Progress in response to the Commission
The Australian Government is reviewing and responding to evidence from the Commission:
- 21 August 2022, the government announced that 52 Disability Employment Service (DES) providers would no longer provide some services of which eight providers would have all their services discontinued due to poor performance.
- 18 October 2022, the government announced a review into the National Disability Insurance Scheme (NDIS Review).
- November 2022, the Australian Government announced a review of the Disability Services Act 1986 (Cth)
The final report with the Royal Commission’s recommendations will be released by 29 September 2023.
To read more about the Royal Commission’s final progress report, visit their website: https://disability.royalcommission.gov.au/
Definitions
- Supported decision-making
Helping someone to understand and make their own decisions, so they remain in control of making decisions that are important to them.
Contact the Guardian Support Unit
Contact the Guardian Support Unit on 1300 361 389 or pg.engagement@opg.nsw.gov.au.
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