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Explorability Inc
Individualised advocacy for people with disability
Explorability Inc: Submission to the
Disability Royal Commission into Violence,
Abuse, Neglect and Exploitation
Unit 94 / Sleeper Lane Cockburn Central WA 6164
P: (08) 6361 6001 Freecall: 1800 290 690 F: (08) 6361 6002 E: admin@explorability.org.au
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Introduction to Explorability Inc. Explorability Inc (Explorability) provides individualised advocacy services to people with disability, their families and carers, in Perth and the Wheatbelt region, under the WA State Disability Advocacy Program. Explorability aims to support people with disability to uphold human rights, have a voice, exercise choice and control, and live the life they choose. Explorability also undertakes systemic advocacy activities, with input from people with disability, and their families and carers, and in collaboration with other advocacy organisations, the disability sector, other sector, and various community groups. Explorability thanks the Commissioners for the opportunity to make a submission based on information gleaned from people with disability, and their families and carers, successful partnerships with both state and federally funded advocacy and community service organisations, and close collaboration with other organisations, sectors, and community groups.
Explorability’s Advocacy Experience
It is widely acknowledged that within Australia the number of people living with disability is increasing, with 18 percent of the population experiencing disability1 .
Across the many different types of disability, and diversity of needs, people with disability report experiencing multiple challenges across their lifespan. These can be broadly summarised as (but not limited to):
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a lack of choice and opportunity for participation and true community inclusion
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repeated discrimination across sectors, services, departments and within the community
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lack of access to appropriate supports and services Access to Supports and Services Of the 4,400,000 people ( or 18 percent of the population) in Australia with a disability, 534,655 people or 2 percent services2 , have access to disability supports and services via the National Disability Insurance Scheme. Many people with disability who are ineligible for NDIS and/or live in regional, rural and remote areas, are not able to access crucial supports and services via mainstream services or the few disability service options that remain outside of the NDIS. Furthermore, the complexity and other issues within the NDIS system creates additional barriers to accessing appropriate services and supports, often placing people with disability at increased risk of harm.
1 81 Australian Institute of Health and Welfare (2022) People with disability in Australia 2022, catalogue number DIS 72, AIHW, Australian Government, p21. 2 In the latest NDIS Quarterly Report, the number of current participants in the scheme with approved plans is reported as 534,655: National Disability Insurance Scheme (2022) Q4 2021-22 - NDIS Quarterly Report to disability ministers, 30 June 2022, p29. AIHW estimates the number of people with disability as “around 4.4 million”: Australian Institute of Health and Welfare (2022) People with disability in Australia 2022, catalogue number DIS 72, AIHW, Australian Government, p14.
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Explorability’s experience providing advocacy support to people with disability, as well as the available research, confirms that the above-mentioned challenges often result in social and economic exclusion, increased vulnerability and risk to people with disability, reduced health and mental health, a higher incident of involvement with the justice system, and poorer overall life outcomes. These challenges, in combination with other complex needs and circumstances, and ineffective systems, leave people vulnerable to violence, abuse, neglect and discrimination.
Outreach Advocacy and People Most At Risk
Explorability has been providing outreach advocacy services, to reach very vulnerable, isolated and ‘at risk’ people with disability, since 2020. From our experience in this space, it is evident that people with disability in marginalised groups often experience multiple disadvantage, intersectional discrimination, and additional barriers to accessing appropriate support services, increasing the risk of violence, abuse, neglect and exploitation.
Marginalised Groups
People with disability in particularly marginalised groups are known to be at higher risk of violence, abuse, neglect and exploitation, and face additional barriers to accessing services3 . These include: o people with intellectual disability o people with complex communication support needs o women o Aboriginal and Torres Strait Islander people o people from culturally and linguistically diverse (CaLD) communities o LGBQTIA+ people o children and young people o people with disability with no informal support networks
Individuals supported via our outreach advocacy support are often not connected with any or many other services or supports, and often do not have capacity to instigate contact with an advocate, or in some cases, with other people outside of their usual environment. When crises occur, the person may present at an emergency service, such as the Emergency Department, a Women’s Refuge, or a Homelessness Service, and if violence, abuse, neglect or exploitation is detected, safeguarding is instigated. However, in some instances, staff do not have the knowledge and skills in providing contemporary disability sensitive services, and the signs of abuse and neglect are missed. Even when signs are identified and safeguards are put in place, it is often too late. The trauma has occurred and damage has been done, and in some situations, life is lost in truly horrendous and totally unacceptable circumstances, as was the experience of Anne-Marie Smith.
3 102 Senate Community Affairs References Committee, Parliament of Australia (2015a) op. cit. p11, 31,153-160,174-182,208,273.
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Story E■’s E•who has an Intellectual Disability, required advocacy support in relation to several issues, including access to necessary disability services, housing issues, access to legal services, and abuse by family members. When E■ was initially referred to Explorability’s Outreach Program, she was living in a high risk and
volatile environment. A family member had moved in with regularly E■and
invited unwanted visitors to the home to participate in illicit drug use. Coercive control and abuse was also occurring, including the withholding and use of E■“s money without consent, physical and emotional threats, and physical assault. E■ was very vulnerable and frightened, and expressed suicidal ideation and significant fears for her safety. Explorability’s Outreach Advocate worked with E•her supported employment provider, and other community services to arrange crisis accommodation appropriate to E■“s needs. Explorability also supported E• in liaising with the police and attending court to instigate a Violent Restraining Order, and to access legal support in relation to an accusation made in retaliation against E■. E■ was also supported to remove her family as an approved payment nominee from her pension, which ensured her Centrelink payments were received in full. Access to support to help E■ build additional capacity in budgeting and financial management was also arranged. As a result of advocacy support, E■ is now living in a long-term home environment where she feels safe and is no longer subjected to coercive control, financial, emotional or physical abuse. She is independent with her finances and has legal orders in place that will support her ongoing safety and wellbeing. With the assistance of an
Advocate, voice was heard, and services and mechanisms have been put in E■s
place to protect and maintain her safety and wellbeing.
In particular, Explorability is very concerned regarding the unknown and unmet need regarding advocacy by vulnerable and isolated people experiencing violence, abuse, neglect and exploitation. People who are very vulnerable and isolated and experiencing abuse, may ‘need’ advocacy but seldom ‘demand’ services for a variety of reasons. A different approach to advocacy is therefore required (outreach/in reach, culturally sensitive/safe etc) to effectively reach, engage and support people who are vulnerable and isolated to speak up and, where possible, build capacity for self-advocacy.
A particular focus on people in closed, institutionalised, and group home settings, as well as other isolated settings and environments such as rural and remote locations is also needed.
Recommendations:
- Increased access to disability specific training and awareness for mainstream services to better communicate, identify and act upon suspicions of violence, abuse, neglect and exploitation
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New legislation is required to allow disability advocates right of entry to closed, residential, and other institutionalised or group home settings to ensure better protection of human rights and safeguarding of individuals with disability.
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Increased funding to facilitate a wider adoption of Outreach and In-Reach approaches to advocacy, to protect human rights and ensure safety of the most vulnerable and isolated people in our community
Inadequate Individual Advocacy
Almost 1 in 10 adults, and 1 in 4 adults with an intellectual disability have experienced discrimination due to disability4 . People with complex communication needs (little or no speech) and Aboriginal people with disability are often especially under-supported when it comes to having their voices heard and being protected from harm.
In addition to the historic stigma associated with disability resulting discrimination and a need for advocacy generally, other factors also need to be considered, including the prevalence and severity of the violence, abuse, and neglect that has brought to light via the Disability Royal Commission, the impacts of COVID-19 on people with disability, and ongoing difficulties in navigating and accessing appropriate services via the NDIS, mainstream services and/or other disability services (outside of NDIS).
At a time when the economic performance of Commonwealth and WA State is relatively strong, and access to Individual Advocacy services is critical, the advocacy sector is far from adequate. Explorability has also voiced concerns regarding Commonwealth and State Government policy and procurement processes regarding Individual Advocacy services.
WA State-funded Individual Advocacy
In recent years, the Western Australian Government funded several agencies to provide Individual Advocacy services, (also known as Independent Advocacy) via Service Agreements, and Grant Agreements for various projects, amounting to approximately $5 million per annum.
However, in the most recent tender process for the new WA State Disability Advocacy Program, which commenced on 1 July 2022, the total amount of funding for Individual/Independent Advocacy services to people and families (excluding Systemic Advocacy funding) is $2.5 million per annum, for a 3-year period (with two one-year extension options). Meanwhile, $2.5 million per annum has been allocated to Systemic Advocacy. Whilst it is acknowledged that previously there as little state funding in this area, there is some concern regarding the likelihood of achieiving long-term systemic change due to the short-term, piecemeal allocation of the funding which appears to have been directed towards more short-term systemic advocacy projects as a result.
4 ABS Catalogue 4430.0
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This allocation of funding effectively halved the number of state-funded Individual Advocates directly supporting people with disability, and their families and carers, and represents a net zero increase in funding for at least three years. While demand for Individual Advocacy continues to increase, experienced staff are leaving the sector due to funding issues/lack of funding, affecting the ability of agencies to provide adequate services. For example, in 2020-21 Explorability Inc. provided advocacy support to 815 people in relation to 1,742 issues across all our programs, compared to 2019-20 where 560 people were supported with 1,119 issues.
WA state-funded advocacy services are now restricted from supporting people across the full range of advocacy issues, as some issues have been deemed a federal responsibility. Previous areas of individual advocacy support, and areas now excluded from the new WA State Disability Advocacy Program as of 1 July 2022, are outline in the box below.
Areas previously included in WA state-funded Individual Advocacy that are no longer supported in the state program (dark shading)
Housing and Homelessness
Access to Non-NDIS Services Violence, Abuse and Neglect
Discrimination and Human Rights
Physical Access and Health and Mental Health Vulnerable and Isolated people/ at Transport services risk of harm — Aidsand Equipment = Employment Legal Issues and Access to Justice
Community Inclusion Finances Child Protection
People with disability, wno commonly need advocacy support for several intertwined issues that are not confined to either State or Commonwealth areas of responsibility only, must now choose to access partial support only, seek support from more than one advocacy organisation or wait for support from an organisation with both state and federal advocacy funding.
In addition to the reduction in breadth of advocacy support by state-funded advocacy services, the geographical area where advocacy support can be provided has also been restricted. Previously a person in a rural area who was unable to access a local advocacy agency due to cultural differences for example, could choose to access virtual support from Explorability which is no longer an option under new State Advocacy Program parametres. This affects access to advocacy, and choice and control, for people in regional, rural and remote areas.
These changes in the state-funded advocacy program have added further complexity for people with disability within an already complex advocacy system and will result in significant impacts for people with disability due to:
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a reduction in state individual advocacy funding impacting upon the number of Advocates providing support directly to people and families
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provision of advocacy support within the WA Disability Advocacy Program in relation to specific ‘state’ advocacy issues only
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long waiting times to access advocacy generally as well as advocacy support for issues considered to be a ‘federal responsibility’ that are now excluded
from the WA State Disability Advocacy Program
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reduced access to, and choice of, advocacy organisation for people in regional, rural, and remote areas
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inability to access ‘urgent and critical’ advocacy support at all, due to lack of advocacy agency capacity, placing many of our most vulnerable people at greater risk of harm
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increased risk to the longer-term sustainability of Individual Advocacy organisations due to insufficient funding within the disability advocacy sector
Commonwealth-funded Individual Advocacy and Procurement
In addition to the above, the Commonwealth Government facilitated a closed, non competitive grant process in December 2021, for the National Disability Advocacy Program (NDAP). This saw continuation of advocacy funding for existing Commonwealth funded agencies for a further three years, at similar funding levels as previous. Information available via the Community Grants Hub states indicative funding for WA in the 2022-23 financial year will be $2,767,4195 . This is 11.5% of the total funding for the year of $24,068,288 Australia-wide, despite the geographical size and distances within WA, the diversity of the state’s population, and other challenges experienced by many people, and in particular Aboriginal Peoples, who live in rural and remote communities.
Whilst Explorability acknowledges the federal government has also distributed additional Individual Advocacy funding to existing NDAP providers’ in recent years, such as NDIS Appeals, Disability Royal Commission and more recently NDIS Expert Review Advocacy funding (including an additional $21.2 million for NDIS Appeals Advocacy, and $6.6 million for Independent Expert Review Advocacy to 2025, in the recent budget announcement) the levels of funding remain vastly insufficient. This significantly contributes to the inadequate protection of human rights and safeguarding with people with disability.
In addition, the lack of open, competitive, procurement processes regarding federal Individual/Independent Advocacy funding requires urgent review to ensure a robust advocacy sector and the people are receiving the highest quality most effective advocacy support possible.
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Commonwealth Individual Advocacy Procurement Summary
National Disability Advocacy Program (NDAP)- recurrent funding
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It is unclear when or if an open competitive tender process has been held as no information regarding an open, competitive process is available via AusTender (www.tenders.gov.au) or Grants Connect (www.grants.gov.au)
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A closed, non-competitive process was held in December 2021 to extend existing providers for a further 3 years until 2025.
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A closed non-competitive process was also held in 2018 to increase individual advocacy in select areas within NSW and QLD.
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Funding for existing providers has been continuously rolled over for a period of more than 10 years.
NDIS Appeals Advocacy - non-recurrent funding
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NDIS Appeals advocacy funding was awarded to existing NDAP providers, commencing in 2018, without an open competitive tender process
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Closed, non-competitive processes have been held, with funding recently extended until 2025 (a period of 7 years)
Disability Royal Commission Advocacy - non-recurrent funding
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Disability Royal Commission advocacy funding was awarded to existing NDAP providers, commencing in 2019, without an open tender process.
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Funding has been extended to 2023 (a period of nearly 4 years)
NDIS Independent Expert Review Advocacy
- To be distributed to selected NDAP providers without a procurement process A call for action by State and Commonwealth Governments
Explorability has called upon the State and Commonwealth Governments to intensify efforts to collaborate, increasing funding and access in relation to Individual Advocacy, to better protect human rights and ensure the safety and wellbeing of people with disability by undertaking the following:
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Urgently increase funding for Individual Advocacy funding at both State and Commonwealth levels to ensure timely access to advocacy for people and families in WA.
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Ensure future Commonwealth funding rounds for advocacy are open to a wider range of agencies, to increase choice, particularly in regional, rural, and remote areas, and to ensure the robustness and effectiveness of the advocacy sector.
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Broaden the WA State Disability Advocacy Program to include advocacy areas that have been excluded, such as NDIS and Commonwealth government payment issues.
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Broaden the WA State Disability Advocacy Program to remove geographical restrictions, increasing choice and access to advocacy for some people and families, including Aboriginal People, in regional, rural and remote areas.
These calls for review or action have been largely met with disinterest.
Other Recommendations
Explorability has also collaborated with and contributed to several DRC submissions by other organisations.
As an Affiliate Member of the Australian Federation of Disability Organisations (AFDO), Explorability concurs with the recommendations in the AFDO’s Submissions to the DRC. In particular, Explorability supports the AFDO recommendations relating to:
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Addressing the issues experienced by First Nations and Deaf communities in relation to access to Disability Support Pension, the use of interpreters and provision of accessible information.
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Aligning the eligibility criteria for the Disability Support Pension with Australia’s Human Rights obligations under article 28 of the Convention on the Rights of
Persons with Disabilities
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lmplementating the recommendations from the report Dead Ends: How our Social Security System Fails People with Partial Capacity to Work.
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Providing access to individual disability advocacy for people with disability applying for the Disability Support Pension.
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Reviewing the AAT’s Practice Directions regarding the assistance of self represented applicants with disability.
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Funding the Nationally Inclusive Transport Advocacy Network (NITAN) including data collection and regularly publicly reports
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Amending the Australian Human Rights Commission Act 1986 (Cth) to address the current undeniable limitations, personal cost and inefficiency of the individual-based complaint mechanism
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Ensuring people with disability are provided a representative mechanism to provide policy and lived experience advice to the federal government.
Explorability is also a member of, and concurs with, the Disability Advocacy Network Australia (DANA) Independent Disability Advocacy Submission to the DRC and the recommendations that relate to fulfilling the obligations inherent in the purpose and principles of the Australian Disability Strategy (2021-2031) and National Disability Advocacy Framework (2022-25) and seek to eliminate the risk to people with disability of experiencing violence, abuse, neglect or exploitation. In particular, Explorability supports DANA’s recommendation to increase funding for Individual Advocacy to:
- Enhance disability advocacy organisation capacity
- Improve and develop sector quality
- Improve national coordination and data
- Enhance safeguarding mechanisms.
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A Strong Message is Needed Explorability also calls upon the DRC to use the legal avenues available to ensure prosecution of people and organisations discovered, via the DRC process, to have undertaken or participated in violence, abuse, neglect and/or exploitation of a person with disability. This sends a clear message of support to people with disability, and their families and carers, who shared their storied, and a strong message to the disability sector, other sectors, and the community, that violence, abuse, neglect and exploitation will not be tolerated. The time for real and genuine change is now.