Dear Secretary,

The First People’s Disability Network (FPDN) is Australia’s Peak Body for the rights of Aboriginal and Torres Strait Islander people with disability. We proactively engage with communities around Australia and advocate for the interests of Aboriginal and Torres Strait Islander people with disability in Australia and internationally. We follow the human rights framework established by the United Nations Convention on the Rights of Persons with Disabilities, to which Australia is a signatory, and the United Nations Declaration on the Rights of Indigenous Peoples.

First People with disability and their families are amongst the most seriously disadvantaged and disempowered members of the Australian community; the systemic and intergenerational trauma experienced through being a part of both the Aboriginal and Torres Strait Islander Community and Disability Community means that First Nations people with disability face double disadvantage in areas such as health, employment, education and engagement in various services. Once a First Nations person with disability engages with these systems, they then face double disadvantage when navigating it. Often, First Nations people are unsupported to understand these systems, and have no choice and control over the outcomes of these engagements because of this lack of support.

As an organisation, FPDN support the submission made to the Joint Standing Committee on the Capability and Culture of the NDIA by the Aboriginal Health Council of South Australia (AHCSA), however have additional concerns to urgently be considered regarding the Cultural Capability of the NDIA from a First Nations perspective.

Justice

The Australian Justice System has significant service gaps which cause dangerous and sometimes life-threatening breaches in human rights, particularly for those with disability. Aboriginal and/or Torres Strait Islander people comprise 32% of the current prisoner population1, and though there are no disability statistics for First Nations people in the justice system, almost a quarter of Aboriginal and Torres Strait Islander people have disability2. It can, therefore, be assumed that these breaches affect a significant amount of First Nations people in prison. Often people within the justice system are overlooked due to their charges and prisoner status, however it is crucial to note that their human rights are of as much importance as those who are not in the justice system.

The issues of concern that cause these breaches include:

• A lack of disability support equipment provided on arrival to a correctional facility, and taking an unreasonable length of time for this provision (e.g., multiple months for basic supports, such as a shower chair or wheelchair, and over 9 months for access to disability cottage accommodation);
• No personal care provided for people with physical disability, meaning they need to rely on other inmates which places them at significant risk of abuse, violence and exploitation; and people with

Physical Disabilities

physical disabilities being given inaccessible accommodation (e.g. people with wheelchairs and walking frames being forced to sleep in upstairs cells and top bunks). Additionally, there are no transitional supports for people with disability transitioning in or out of the corrections system; this contributes to the above issues and poses significant risk of recidivism for people with disability who do not receive the required supports when re-entering the community.

Though some of the resolution of these issues is the responsibility of the Justice System, it is also the responsibility of the NDIA to contribute to these solutions by being more flexible in their approach to supporting people with disabilities in a correctional facility by providing NDIS supports during incarceration or, at minimum, providing transitional support for NDIS Participants entering a correctional facility until supports from the justice system can be implemented, and providing increased opportunities for inmates with disabilities to become NDIS Participants and establish required supports before transitioning back into the community. Until these solutions occur, human rights for people with disability in the justice system, including a person’s right to life, security, an adequate standard of living, and access to public service, will continue to be breached at alarming levels.

Cultural Capability in First Nations Communities

FPDN are concerned with the lack of capability of the NDIA to understand and, therefore, support the lives and cultural perspectives of many First Nations people with disability.

First Nations people generally prefer face-to-face communication, and this preference is more pronounced when a First Nations person with disability has additional communication barriers. First Nations people highly value strong and ongoing relationships, and often will not engage with those they have not built a strong rapport with first, particularly regarding more sensitive matters such as disability. First Nations cultures are most often strengths-based, and disability is either a difficult topic to approach or is unheard of in some communities because from a cultural perspective, a person with disability is ‘who they are’. Contrary to this, the NDIA is often referred to as a ‘faceless organisation’ (quoting AHCSA) than does not value face-to-face contact; Local Area Coordinators and Planners are often not accessible or available, and very few people in communities know who they are, where they are located or what their roles are. The NDIS is a deficit-based system, and when trying to navigate this system from a strengths-based culture, many First Nations people find it difficult to have open and honest conversations about the functional capacity of themselves or their child; in these situations, strong, ongoing and consistent face-to-face relationships are crucial for a person to feel safe to yarn.

Additionally, First Nations people often rely on kinship connections (family and community members) to support them through difficult conversations and, at times, to advocate on their behalf or their child’s behalf; culturally, there may be kinship care arrangements in place that are not officially documented (e.g. no Court Orders are in place), and it may be another family member’s responsibility to support a child to access disability supports. Many First Nations kinship carers have noted significant issues when advocating for the children in their care because they are not legal guardians; because of this, if the legal guardian is not contactable or not safe to contact, children with disability are also often left unsupported. Many people with disabilities, including First Nations people and their families, are left

• Without support to navigate an unreasonably complex system that often works in isolation to any other Government system, such as Centrelink, Education, Health and Corrections.

NDIA Staffing

FPDN notes that few decision-making or higher level positions within the NDIA are held by First Nations people, and although the First Nations Strategy or First Nations Advisory Council to the NDIA is a positive step, it is important that there are First Nations perspectives heard at the decision-making level.

Group Housing and Institutionalised Settings

FPDN have significant concerns regarding the NDIA’s allocation, management and monitoring of ‘Group Homes’ or Supported Disability Accommodation (SDA) Housing. Despite the NDIS aiming to move away from institutionalised settings, improving PArticipants’ choice and control and participation society, Group Homes can still become an institution if they are not managed or monitored appropriately and if participants are dictated to by staff or the ‘system’ of the house. FPDN are concerned that, without substantial monitoring of these homes, that the NDIA will return to the Medical Model of disability.

First Peoples Disability Network are very keen to appear before the Joint Standing Committee on the Capability and Culture of the NDIA as soon as practicable for the Committee, to further present our concerns and recommendations for future change.

Sincerely,

Damian Griffis Chief Executive Officer First Peoples Disability Network Australia