Submission 140 — Western Australian Government — Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

SUB.999.06726_0001

Government of Western Australia

Submission to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

December 2022

SUB.999.06726_0002

Contents

• Overview

• 1. Strategic Context

• Overview of the State Disability Strategy

• Progress achieved to date

• Australia’s Disability Strategy 2021-2031

• Further strategic commitments to people with disability

• Participation in national reforms to improve disability outcomes

• 2. Characteristics of Western Australia

• Remote and very remote Aboriginal communities and town-based reserves

• National Disability Insurance Scheme (NDIS) service delivery in WA and thin markets

• 3. NDIS challenges and opportunities

• Information Linkages and Capacity Building Program (ILC)

• Advocacy

• Behaviour Supports

• NDIS mainstream interface

1

SUB.999.06726_0003

Overview

The State Government of Western Australia (WA) strongly supports the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission). The State Government recognises that the work of the Disability Royal Commission so far clearly demonstrates that there are significant improvements required to protect the fundamental rights of people with disability.

In Western Australia, one in five people (or 411,500 people) have a disability, and currently, 68,000 Western Australians are the primary carer for a friend or family member with a disability.1 The daily experience of people with disability should be one of inclusion and positive community attitudes. However, many people with disability continue to experience barriers and challenges in getting an education, finding a job, using transport systems, and accessing services from the government and private businesses.

The scope of the Disability Royal Commission is considerable. The State Government notes that a wide range of themes and focus areas have arisen from the findings identified to date. As a whole-of-government submission, the below provides an overview of the WA Government’s strategic context and priority focus areas to uphold the rights and improve the overall wellbeing of people with disability in WA, as well as a discussion of the unique characteristics of our State that should be considered in making recommendations for change. Finally, the submission provides a high-level summary of some of the critical National Disability Insurance Scheme (NDIS) challenges and opportunities on which WA is working with the Commonwealth and other jurisdictions to find a resolution.

WA recognises the immense amount of work undertaken by the Disability Royal Commission and all individuals and organisations who have submitted evidence in support of this important endeavour.

1 www.wa.gov.au/government/document-collections/state-disability-strategy-2020-2030

2

SUB.999.06726_0004

1. Strategic Context

Overview of the State Disability Strategy

The WA government launched ‘A Western Australia for Everyone - State Disability Strategy 2020-2030’ in December 2020. The Strategy sets the vision for a Western Australia where “people with disability, and those who share their lives, are engaged and feel empowered to live as they choose in a community where everyone belongs.“2 It provides a 10-year direction for a more inclusive Western Australia that acknowledges and responds to the value of diversity in our community.

The Strategy outlines a ‘whole of community’ commitment to changing the lives of people with disability and is grounded in four foundational pillars of:

• participate and contribute;
• inclusive communities;
• living well; and
• rights and equity. All four pillars contribute to enhancing the wellbeing and safety of people with disability. However, pillar four - ‘rights and equity’ - explicitly highlights that achieving equal rights for people with disability means being safe from violence, abuse, neglect and exploitation.

The Strategy was developed with a co-design group comprised of people with disability. The process involved significant consultation with people with disability, their families and carers, Aboriginal people, people from culturally and linguistically diverse backgrounds, and people in regional WA.

The Strategy encompasses education and training, jobs and economic participation, housing, disability services, health and mental health, justice and advocacy, access and inclusion, planning, infrastructure, sport and recreation, and more.

In developing the Strategy, it was identified that many people with disability continue to experience barriers and challenges in getting an education, finding a job, using transport systems and accessing services from the government and private businesses. Further, some people with disability face additional challenges as a result of other vulnerabilities, such as family and domestic violence, homelessness, child abuse and neglect or contact with the justice system. People with complex communication needs and Aboriginal people with disability are often especially under-supported when it comes to being protected from harm and having their voices heard.

The Strategy makes a commitment to drive change that builds on momentum at the international, national and state level in a way that works for WA and supports local ideas and needs.

2 www.wa.gov.au/government/document-collections/state-disability-strategy-2020-2030

3

SUB.999.06726_0005

In line with the findings of the Disability Royal Commission to date, the Strategy identifies that the changes required are complex and interconnected. These encompass:

o Building greater respect and safeguards for the rights of people with disability and recognising that the fundamental rights of people with disability are an essential foundation to the way forward. o Changing community attitudes to disability. o Celebrating our diversity and recognising the achievements and everyday experiences of people with disability living, working and participating in the WA community. o Making services, systems, workplaces and environments accessible and welcoming for everyone. o Increasing the visibility and understanding of disability in our communities.

As noted in the Strategy, the NDIS is changing the way disability services are funded and accessed for over 47,000 Western Australians. The NDIS also presents an opportunity to deliver more flexible and tailored supports for people with disability across diverse communities and groups.

While the NDIS provides disability supports and services for some people under the age of 65 with a significant and permanent disability, a much greater proportion of people with disability continue to access and rely on mainstream services. Under the Strategy, the State and Commonwealth Governments are working together to ensure the NDIS integrates well across all service areas.

The State Government is also working with the Commonwealth and other States and Territories to identify challenges to the effectiveness of the NDIS and, with input from participants and their carers, families, providers, and workers, develop improvements to maximise the benefits of the Scheme. This includes improving the efficacy of the Information, Linkages and Capacity Building Program, building on advocacy opportunities, clarifying roles and responsibilities, and addressing NDIS thin markets to make sure that people have access to, and choice in, the supports they need.

Progress achieved to date

The State Disability Strategy is being implemented through a series of Action Plans that outline commitments from the State Government, industry, community, and the disability services sector to improve the lives of people with disability. The Action Plans assist in identifying key measures to track progress against the Strategy’s intended outcomes.

Progress against the first Action Plan includes:

• $2.5 million allocated to projects through an Innovation Fund to stimulate innovative ways to enhance independence and quality of life for people with disability at home and in the community, including increasing employment opportunities. Projects being funded include:

4

SUB.999.06726_0006

o the development of resources, including toolkits and specialised training sessions, to support the inclusion of people with complex communication needs, such as Autism, in WA communities;

o a mentors and mentees project to increase the employment of people with disability in WA’s public sector; and,

o the establishment of postgraduate qualifications in Positive Behaviour Support and Complex Communication Needs to build the capability of the disability sector to support people with complex communication needs.

• WA Police partnered with Autism WA to support the development of a state­ wide ‘Autism Alert Card’ launched on 3 December 2020. The Autism Alert Card will alert emergency services that the person carrying the card has Autism and may require additional support. A total of 444 cards have been distributed as of June 2022.

• Implementation of pre-employment worker screening through the commencement of the NDIS Worker Screening Check, which has returned over 36,000 checks in 2021/22.

• The Department of Education has allocated $4.58 million over 2022-23 and 2023-24 to implement the Supporting the Teaching and Learning of Students with Disability and Complex Behaviour framework. The intent of this work is that:

o school leaders will be better supported to create inclusive learning environments that better respond to the needs of students with disability and complex behaviours;

o teachers will receive stronger support and be more skilled at implementing classroom practices that productively engage students with disability and complex behaviour; and

o students and their families will feel increasingly valued and supported.

• Development of a Victims of Crime Strategy by the Office of the Commissioner for Victims of Crime to investigate opportunities to better identify and support victims of crime who have disability.

• Whole-of-life Planning Training to increase the skills of Team Leaders and Senior Practice Leaders within Department of Communities (Communities) child protection teams, to support vulnerable young people with disability in care, through to adulthood.

In 2021, the State Government established the State’s first Office of Disability to promote the rights and interest of people with disability and the broader disability sector. The Office of Disability provides leadership to implement, monitor and further develop the State

5

SUB.999.06726_0007

Disability Strategy and ensures there is a strong voice advocating for people with disability across Government, the disability sector and the broader community.

Authorisation of Restrictive Practices

The State Government is reviewing how and when restrictive practices for people with disability are authorised in certain settings.

The Authorisation of Restrictive Practices in Funded Disability Services Policy commenced on

1 December 2020 as the first phase in regulating the use of restrictive practices in WA.

The State Government is reviewing its regulation of restrictive practices. This work is informed by consultation previously undertaken with the community, the disability sector and State Government stakeholders in 2021. The proposed approach would continue the State Government’s commitment to person-centred, culturally safe and nationally consistent approaches that keep people safe, while at the same time reducing and, where possible, eliminating the use of restrictive practices.

The Department of Education has developed a framework and associated action plan to support the teaching and learning of students with disability who are demonstrating complex behaviours (Framework). On 12 May 2022, the Minister for Education and Training announced that the WA Government had allocated $4.58 million to support the implementation of the Framework. The Framework includes strengthening the understanding of restrictive practices and positive behaviour support strategies and will enhance collection and analysis of behavioural data and the subsequent response/implementation of effective intervention and support.

Introduction of the Criminal Law (Mental Impairment) Bill 2022

On 1 December 2022, the Attorney General tabled the Criminal Law (Mental Impairment) Bi// 2022 (CLMI Bill) in the WA Parliament. The CLMI Bill will repeal and replace the Criminal Law (Mentally Impaired Accused) Act 1996 and introduce a new framework for people with mental impairment in the justice system.

Courts will be able to impose a range of options such as community-based orders for mentally impaired accused found unfit to stand trial. Custody orders will be limited to no longer than the person would likely have received, had they been found guilty of the offence.

The Bill provides an extensive list of objects and principles to which persons performing a function under it must have regard, extensive rights of appeal and review and a statutory right to access the Mental Health Advocacy Service. The Bill will bring WA into line with other Australian jurisdictions and international obligations, and address longstanding ongoing concerns raised by stakeholders in the justice, mental health, and disability sectors for more than 20 years.

6

SUB.999.06726_0008

Review of the Young Offenders Act 1994

The Department of Justice will undertake a comprehensive review of the Young Offenders Act 1994 (the VOA) to determine whether it is continuing to efficiently achieve its objectives regarding contemporary youth justice issues and trends. Key principles of the VOA include diverting young people from the formal criminal justice system where possible and using detention as a last resort, while protecting the community. The review will examine the over-representation of young Aboriginal people in detention, the effect of cognitive impairment disability on diversion, and the isolation and separation of detainees.

Australia’s Disability Strategy 2021-2031

WA is a participant in Australia’s Disability Strategy 2021-2031, released by the Commonwealth Government on 3 December 2021. The new Strategy has a strong focus on action and implementation to drive change over the next decade for people with disability in Australia.

Targeted Action Plans supporting the implementation of the Strategy cover the areas of early childhood, community attitudes, employment, safety, and emergency management. These will apply an intensive focus over one to three years to achieve specific deliverables to improve outcomes for people with disability.

WA’s contribution to the first progress report against the Strategy’s Targeted Action Plan encompasses a range of state agency-led initiatives to improve outcomes for people with disability. Two key examples include:

• Emergency Event Support for People with Disability. o Following the Wooroloo Bushfires, Communities has been engaging with the disability sector to better support people with disability affected by emergency events.

o Communities established the COVID-19 Disability Taskforce in February 2020 to prepare for and respond to the needs of people with disability affected by COVID-19. Communities developed searchable register of accessible accommodation options to support people with a disability to self-isolate. The COVID-19 Vulnerable Cohorts Reference Guide was developed to facilitate access to suitable emergency welfare support services for people with disability who could not utilise existing services and supports while isolating. To support the disability sector, Communities is coordinating the distribution of Rapid Antigen Tests (RATs) for people with disability and disability support workers in partnership with WA Health and Foodbank WA. WA was among the first Australian jurisdictions to provide RATs to disability service providers and is continuing to provide RATs to all citizens at no cost.

7

SUB.999.06726_0009

• Delivery of two new accessible family and domestic violence refuges. The services provide a safe, supportive space for women and their families escaping domestic violence, including those with disability; and provide information on a range of issues such as housing, income, family court matters, and restraining orders.

Further commitments to people with disability

The WA Government provided a significant funding boost of $95.7 million in the 2022-23 State Budget to support people with disability including funding for innovative and emerging initiatives to assist people with disability and support to help meet the increasing demand for individual and systemic advocacy. Funding has also gone towards critical programs including the Taxi User Subsidy Scheme as well as the Wheelchair Accessible Vehicle Modification Grant to expand services in regional WA.

The transition of people with disability to the NDIS is now complete; however, the State Government continues to support approximately 200 people who are ineligible for the NDIS and require specialist disability services, including those seeking refugee status, through the Continuity of Support Arrangements program, and this number is increasing. In 2021-22 this support was made possible through total funding of more than $9.5 million.

Mainstream agencies across the WA State Government have recognised their commitment to improving service delivery and inclusion of people with disability through a range of targeted strategies. A brief summary of a few key strategic approaches currently under implementation can be seen at Attachment 1.

Participation in national reforms to improve disability outcomes

The WA Government welcomed the recent commitments of the Commonwealth Government across a range of key issues affecting outcomes for people with disability. These include broad commitments to make improvements to the NDIS, including streamlining the planning and appeals process to make NDIS decision-making more efficient, fair, and investment-focused; increasing access to Specialist Disability Accommodation; a new NDIS Workforce Strategy; and greater focus on regional and remote service delivery.

WA has been working closely with the Commonwealth and other States and Territories to bring forward a review of the NDIS commencing in late 2022, which will cover design, operations and sustainability of the NDIS, as well as measures to build a more responsive and supportive market and workforce.

WA is also a signatory to the National Agreement on Closing the Gap to focus efforts to improve Aboriginal and Torres Strait Islander outcomes. In September 2021, the WA Government released its first Closing the Gap Jurisdictional Implementation Plan. The

8

SUB.999.06726_0010

Implementation Plan was developed through collaboration across Government departments and agencies, with crucial input from the Aboriginal Advisory Council of WA and the Aboriginal Health Council of WA (AHCWA).

As part of this work, the WA Government has worked in close partnership with AHCWA, providing extensive feedback and drafting assistance to the development of a national Disability Sector Strengthening Plan. This Plan aims to strengthen the community-controlled disability sector, both within the discrete disability service system and across all service systems, as well as improving outcomes of First Nations people with disability.

The WA Government is also working with the Commonwealth and State and Territory governments on the development of Safe and Supported: the National Framework for Protecting Australia’s Children 2021-2031 and associated action plans. This work aims at achieving sustained progress in reducing the rate of child abuse and neglect and its intergenerational impacts.

The National Framework is for all children and young people with a focus on children and families who are experiencing disadvantage and/or are vulnerable, including children and families with multiple and complex needs. These needs can be due to disability, mental health issues, alcohol and drug misuse, domestic and family violence, social exclusion, poverty, housing uncertainty, unemployment and underemployment.

Families with multiple and complex needs have become the main clients of child protection services. Children with a disability are over-represented in out-of-home care compared with children without disability. Similarly, children of parents or carers with disability, particularly intellectual disability, can be over-represented in child protection systems.

Many parents with disability will be able to provide sufficient and supportive care to their children, but others will need additional support. Timely provision of appropriate support services, including specialist disability services, may help to prevent the over-representation of parents and children with disability in the child protection system.

The Safe and Supported National Framework aims to address these concerns through the following:

• A national approach to early intervention and targeted support for children and families experiencing vulnerability or disadvantage, including better integration of government services and strengthening the interface between children and family services (e.g. child protection and disability services);

• Addressing the over-representation of Aboriginal and Torres Strait Islander children in child protection systems;

• Improved information sharing, data development and analysis; and

• Strengthening the child and family sector and workforce capability. 9

SUB.999.06726_0011

These processes represent a rich opportunity to work in collaboration to address some of the critical issues affecting people with disability at both the overarching national and State­ specific levels.

The following sections outline some of the critical factors on which WA is working with the Commonwealth to fully identify and develop effective interventions. It is acknowledged that there are strong synergies between this work and the scope of interest of the Disability Royal Commission.

10

SUB.999.06726_0012

2. Characteristics of Western Australia A key outcome of the collaborative work undertaken by WA in relation to providing input to the national disability reform agenda is raising awareness of the characteristics of the State that can shape the delivery of services and supports, including disability-related interventions. Any Disability Royal Commission recommendations applicable to the State need to be informed by the unique circumstances specific to WA to allow for practicable and successful implementation. These include:

o Vast land size at over 2.5 million square kilometres and climatic/geographic barriers to accessing very remote areas (e.g. unsealed roads, wet seasons). As a demonstration, Kununurra, the largest town in Western Australia north of Broome, requires 30 hours of travel by road from the capital city of Perth, approximately the same as the road distance from Perth to Melbourne (3,418 km).

oO. Diverse regions, including 274 small remote and very remote WA communities.

Oo Comparatively small population, approximately 2.6 million people, compared with other Australian States.?

o Concentration of the population in the Greater Perth area, consisting of approximately 2.1 million people, resulting in the proportion of people living in regional, remote and very remote areas being comparatively small and often very dispersed.*

oO Isolation from the rest of Australia. The nearest city to Perth with a population of more than 100,000 is Adelaide, South Australia, over 2,100 km away.

o Commodity-driven economic cycles.

o. Higher overall cost of living in regional, remote and very remote areas. For example, the Regional Price Index, comparing the cost of a common basket of goods and services, shows that on average the nine regional areas sit at 3.5 index points higher than Perth, with the Kimberley (10.8 points) and Pilbara (14.9 points) both significantly higher.°

These unique circumstances have an impact on the delivery, availability and access to infrastructure and service delivery in regional, remote and very remote areas of WA. These include, but are not limited to, housing, childcare, health, aged care, schooling, and other complementary and mainstream services.

Experience to date has shown that national models and initiatives that work in other jurisdictions, particularly the more densely populated eastern states, are only applicable to the metropolitan area of WA.

3 2021 Western Australia, Census All persons QuickStats | Australian Bureau of Statistics (abs.gov.au)

4 Ibid.

> Department of Primary Industries and Regional Development, Western Australia Regional Price Index 2021,

Western Australia Regional Price Index - Regional Price Index 2021 - data.wa.gov.au

11

SUB.999.06726_0013

WA is experiencing shortages of labour in a number of areas including the care and disability services sectors. ‘Aged and disabled carers’ are listed as State Priority 1 on WA’s State Priority Occupation List 2021. This indicates that data analysis and industry advice demonstrate occupations are experiencing strong forecasted demand to maintain skilled supply of workers.

Developing and attracting the workforce to deliver services and supports is a challenge across the State that is exacerbated in regional, remote and very remote areas as a result of many of the above characteristics. This is in a context where demand for services is escalating, with the demand for workers predicted to rise across all sectors, led by the disability and aged care sectors. Significantly, the largest occupational group - support workers - has been identified as needing to double over the course of 2019-2024.6

Historically the lack of market for disability and other service types in regional and remote areas has been addressed by the Commonwealth and State governments through block­ funding arrangements with non-government service providers, as well as through the State Government being a direct provider of services, including through local hospitals.

Where communities are not able to sustain locally based providers, including disability services, services will typically be delivered utilising a hub and spoke model, with distances covered varying from one-hour return trips to 10-hour return trips via road. Other hub and spoke services require flights.

Digital technologies offer opportunities to address some of WA’s specific service delivery challenges, so it is critical that they are accessible for people living with disability. The WA Government is working collaboratively with industry and WA communities to deliver the draft Digital Inclusion in WA Blueprint and program initiatives to establish equitable access to affordable and appropriate digital technologies. This is discussed further in Attachment 1.

Remote and very remote Aboriginal communities and town-based reserves

An important example of where these challenges can arise is in the delivery of services in remote and very remote Aboriginal communities and town-based reserves.

Aboriginal people across WA have a strong connection to the land. Remote Aboriginal communities provide a deep connection to country and cultural security, uphold customs, cultures and traditions, and provide traditional authority structures.

There are 274 remote Aboriginal communities and 37 town-based reserves located across the state.7 Governance of these communities and reserves is complex, and infrastructure and service provision can be ad hoc.

6 WA State Training Board, Social Assistance and Allied Health Workforce Strategy 2019,

https://www.stb.wa.gov.au/sites/default/files/Social%20Assistance%20and%20Al1ied%20Health%20Workforc e%20Strategy%20-%20Final%20Report 0.pdf 7 https://www.infrastructure.wa.gov.au/sites/default/files/2022-07/2022%20Final%20SIS.pdf p 117 12

SUB.999.06726_0014

For example, the town of Fitzroy Crossing has a population of around 1,200, with a further approximately 2,000 people living in up to 50 Aboriginal communities located throughout the Fitzroy Valley.8 Over 60% of residents identify as Aboriginal or Torres Strait Islander and over 50% of households speak a non-English language at home, including Kimberley Area Languages of Walmajarri, Bunuba, and Gooniyandi.9 To manage some of this complexity, Fitzroy Crossing serves as the hub for the communities of the Fitzroy Valley with a range of regional service providers, due to its central location to these communities.

Co-design of supports and services in these communities is critical for successfully localised and culturally accessible programs, as well as contributing to self-determination and empowerment of Traditional Owners and closing the gap on Aboriginal disadvantage.

As noted above, WA is taking an active role in the implementation of the National Agreement on Closing the Gap, including providing support and funding for Aboriginal Community Controlled Organisations (ACCOs) delivering services and supporting the needs of Aboriginal people with disability consisting of:

o funding to regional and remote ACCOs to develop cultural frameworks for business and service development; o funding for advocacy and outreach services to support Aboriginal people with disability living in regional and remote areas of WA; o funding for ACCOs to implement place-based initiatives to increase capacity and capability of their disability workforce; o support to ACCOs to establish sustainable and contemporary business solutions that are responsive to needs of Aboriginal people with disability, and o support to ACCOs to understand, navigate and comply with the NDIS Quality & Safeguards Commission.

National Disability Insurance Scheme (NDIS) service delivery in WA and thin markets

Another example of how these challenges affect delivery of effective and equitable services to people with disability in WA is the implementation of the NDIS.

The NDIS encompasses a major shift in the delivery of disability services from a mostly block-funded welfare model to a fee-for-service market-based approach.

A primary issue facing delivery of the NDIS in WA is thin markets. Under the NDIS, thin markets can exist where demand is not high enough to enable competitive delivery of NDIS services, whether that be contained to a specific geographic area and/or for a specific NDIS support category. This market gap can be characterised by the complete absence, limited availability, or low capacity and capability of providers to meet participants’ support needs.

8 Australian Bureau of Statistics, “Fitzroy Crossing (Suburb and Locality)”. Australian Census 2021 QuickStats. www.abs.gov.au/census/find-census-data/quickstats/2021/SAL50508, Retrieved 20 September 2022. 9 Australian Bureau of Statistics, “Fitzroy Crossing (Suburb and Locality)”. www.abs.gov.au/census/find-census­ data/quickstats/2021/SAL50508, Retrieved 20 September 2022.

13

SUB.999.06726_0015

Thin markets have existed across many services in regional and remote and very remote WA since before the introduction of the NDIS. However, the withdrawal of previously block­ funded State services that are now the responsibility of the NDIS, and a much greater reliance on a competitive market-based system, has intensified the challenges arising from thin markets, particularly in terms of the sustainability and viability of providers.

The impact of thin markets can be seen in the rate of NDIS plan utilisation across the State. Across the whole of WA, the reported average utilisation of NDIS funding is 73%.10 However, in remote areas, this drops to 60% and in very remote areas, to 45%. This pattern of plan utilisation suggests that thin markets in regional, remote and very remote areas are posing significant barriers to individuals accessing the supports and services they require.

This inequity contributes to the entrenched disadvantage experienced by people with disability in regional and remote areas. In some cases, NDIS thin markets may result in participants sourcing supports from unregistered disability providers that operate outside of NDIS quality and safeguarding mechanisms, as well as relying on State mainstream services that are not specific disability supports and may not be best placed to efficiently or effectively meet their disability-related needs.

10 https://www.nd is.gov.au/ a bout-us/pu bl ications/ quarterly-reports 14

SUB.999.06726_0016

3. NDIS challenges and opportunities The State Government strongly supports the NDIS and recognises that, since its inception, the NDIS has improved the lives of many participants, families and carers. For this reason, the State Government remains firmly committed to the NDIS and its key principles.

It is recognised that the NDIS is a major reform and still quite new in WA, and many of the challenges being faced in its implementation are not solely related to the Scheme.

Below is an overview of some of the key areas where WA is working across governments to identify opportunities for improvement that will better uphold the rights and wellbeing of people with disability.

Information Linkages and Capacity Building Program (ILC)

In July 2017, the National Disability Insurance Agency (NDIA) established the Information, Linkages and Capacity Building (ILC) program under the NDIS to create more inclusive communities for all people with disability.

The State Government commends steps being taken by the Commonwealth to reset ILC. To improve the efficiency of the ILC program, WA would support a greater focus on empowering local actions and actors at a jurisdictional level and ensuring local jurisdictional expertise and opportunities are leveraged.

WA will work with the Commonwealth and other jurisdictions through promoting collaboration and partnership with local communities and other government services. This includes supporting greater visibility of the outcomes achieved and resources developed through ILC.

Advocacy

Access to advocacy services is crucial to ensure the rights and interests of people with disability, their families and carers are upheld. It is recognised that advocacy providers vary in their capability to collect and analyse advocacy data, often using different reporting systems and metrics to report activity and demonstrate demand.

The State Government has increased its investment in recurrent disability advocacy funding, with $15 million invested over the next three years, of which 50 per cent will support systemic advocacy initiatives.

All organisations funded under the WA State Disability Advocacy Program have agreed to work collaboratively to optimise positive and effective outcomes for people with disability. An initial priority is to address the requirement for robust data collection.

15

SUB.999.06726_0017

Behaviour Supports

Based on historical experience as a service provider, the State Government considers that the way behaviour supports are funded through NDIS plans can be improved to reduce incidences where there is lack of access to these important supports.

In some cases, access to funding has not been adequate to support the full process of developing Behaviour Support Plans, including fully evidencing the use of restrictive practices and maximising participant involvement in the planning to inform authorisation determinations. This results in safety implications for individuals as participants face barriers and delays in accessing critical supports that appropriately reflect their current circumstances.

These issues could be addressed through reviewing funding allocation to ensure that behaviour support funding is sufficient for the full process and is available quickly when needed in all cases.

NDIS mainstream interface

For the NDIS to be successful, it is crucial that the NDIS interfaces effectively with State services and is an integrated part of a broader support system for people with disability.

The State is working with the Commonwealth and other jurisdictions to identify NDIS interface issues and develop solutions through the NDIS Review, as well as through ongoing forums including the WA Executive Steering Committee, and the Disability Reform Ministers Meeting and its underlying groups.

An example of an intervention achieving good outcomes is the implementation of Health Liaison Officers (HLOs) and Justice Liaison Officers (JLOs) in WA to support access to NDIS services for those interacting with the health and justice systems. HLOs and JLOs have assisted NDIS participants interfacing with mainstream justice and health services to access services and transition into the community. WA welcomes the recent commitment to increase the number of these liaison officers. Further positive outcomes could be realised through increasing the geographic reach of liaison officers and expanding the model to proactively support individuals as they transition between other service systems, including child protection.

As discussed above, NDIS thin markets are a key challenge to ensuring equitable access to important services. WA has contributed to the NDIA’s work to date to establish a range of policies and initiatives to address NDIS market issues in WA, including development of the

Maintaining Critical Supports Framework, Remote Community Connectors program, Remote

Early Childhood Services and Coordinated Funding Proposals.

The NDIA has partnered with the Kimberley Aboriginal Medical Service (KAMS) to co-design a model to assist Aboriginal people to test their eligibility for the NDIS, link people with disability to the NDIA through trusted community members using Community Connectors and deliver the Early Childhood Intervention Services. Utilising trusted providers with existing infrastructure and relationships with service delivery partners has demonstrated

16

SUB.999.06726_0018

that a community-based approach builds on the strengths of Aboriginal Community Controlled health organisations in their delivery of holistic, culturally safe services.

Another important interface is the coordination of critical supports in instances of sudden NDIS market failure, including responding to crises and emergencies. During the transition to the NDIS, WA has taken a whole-of-government risk-averse approach by maintaining service capacity and retaining a role as a provider of last resort in critical situations through short-term continuation of programs such as emergency respite and crisis residential care. This approach has operated in parallel with the development of the NDIA’s Maintaining Critical Supports Framework to mitigate against service gaps, thin markets and market failure as the NDIS and the provider market matured in WA.

The NDIS Review provides an opportunity to look at the NDIA’s Maintaining Critical Supports Framework approach to ensure there is clarity of roles and responsibilities around this important interface and to collaboratively transition to appropriate long-term arrangements.

17

SUB.999.06726_0019

Attachment 1

Public Sector Commission - Workforce Diversification and Inclusion Strategy for WA Public

Sector Employment 2020-2025

The Public Sector Commission’s People with Disability Action Plan to Improve WA Public

Sector Employment Outcomes aims to increase the representation of people with disability employed in the public sector to five per cent and support inclusive work environments.

Increasing the representation of people with disability employed in the sector requires sustained effort, a different way of doing things and stronger accountability. All agencies are identified as responsible for working towards the aspirational target. The strategy emphasises collaboration with people with disability whose ideas and participation are essential in making our sector as inclusive as possible.

Office of Digital Government -The Digital Inclusion in WA Blueprint

The WA Government wishes to ensure all Western Australians can access and use digital technologies, no matter their age, background or where they live. This is the vision for the draft Digital Inclusion in WA Blueprint (the draft Blueprint), a key deliverable of the whole­ of-government Digital Strategy 2021-25.

The draft Blueprint focuses on four priority areas crucial to realising this vision ­ connectivity, affordability, skills and design. People with disability are one of the six priority cohorts that the draft Blueprint identifies as most likely to be left behind by the digital divide. Access to technology and online services that are inclusively designed are critical to empowering people with disability.

Some initiatives that may help deliver the draft Blueprint include:

• Support to expand the use of local libraries and community centres to provide personal digital skills support.

• Repurpose technology for those who need it.

• Promote practices that make technology more inclusive for people with disability.

• Support more affordable internet access in social housing. The WA Government will work collaboratively with industry and WA communities to make WA more digitally inclusive.

State Training Board -WA Social Assistance and Allied Health Workforce Strategy

The WA Social Assistance and Allied Health Workforce Strategy, published by the State

Training Board in 2018, provides an overview of the issues and recommendations to address

18

SUB.999.06726_0020

the workforce issues for aged care, disability services, allied health and community services sectors.

A priority is growing the NDIS workforce in WA. The scale at which the NDIS workforce needs to grow in a short period is significant - an estimated increase nationally of up to 83,000 net additional workers by 2024, equivalent to a 31 per cent increase in the size of the 2021 workforce.11

The Western Australian Disability Health Framework 2015-2025: improving the health care of people with disability

The Framework was developed by the Disability Health Network as WA Health’s response to the World Health Organization (WHO) Global Disability Action Plan 2014-2021 and the National Disability Strategy. It outlines priorities for all areas of the health system, the disability sector and the community to focus their efforts towards improving the health outcomes of people with disability.

The vision of the Framework is an inclusive Western Australian health system that enables people with disability to enjoy the highest attainable standard of health throughout their life. In order to realise this vision, the Framework aims to achieve the following goals:

o foster a broader understanding of the health needs of people with disability and their right to effective services and care; o improve the quality, accessibility, inclusiveness and coordination of services; and necessary to meet the health needs of people with disability.

This Framework is applicable to all public health service providers (permanent, temporary, casual, contract) working with people with disability, their families, carers and communities. It is also appropriate for use by other government departments, private, not-for-profit and non-government organisations working with people with disability, their families, carers and communities.

Department of Communities - The WA Housing Strategy 2020-2030

The WA Housing Strategy 2020-2030 contains a target that seeks to “catalyse 40 per cent of new homes built to liveable design standards by 2030.” Communities constructs 100 per cent of public housing to a silver standard where practicable and previously sought to build a minimum of 20 per cent of all residential construction to silver standard or above.

Department of Education - Enrolment in Public Schools Policy (July 2022)

Parent choice is the hallmark of education provision in Western Australia. The provision of informed consent by parents is essential in the education support enrolment process.

11 Department of Social Services, NDIS National Workforce Plan 2021-2025, ndis-national-workforce-plan 2021-2025.pdf (dss.gov.au). retrieved 3 November 2022. 19

SUB.999.06726_0021

WA offers a continuum of enrolment options to students with disability. The Department’s specialist programs, facilities and services for students with disability align with the Department’s commitment to provide parental choice about the educational environment for their child. This enables students to access educational programs at critical developmental points, depending on a student’s changing needs. It also enables parents of children with disability to explore enrolling their child at either their local public school or a centre that offers a specialist program that meets the teaching and learning needs of their child.

The Enrolment in Public Schools Policy and Procedures and the associated Enrolment Framework for Students with Disability in Public Schools, effective from July 2022, describes provision for students with disability, including the entitlement of students with disability to enrol in their local public school. The revised policy and framework have an increased focus on:

• communicating with students and parents regarding the specific needs of the student and health professional recommendations to provide reasonable and appropriate adjustment to curriculum access;

• actively engaging parents and students in negotiating access to relevant programs and documented planning;

• provision for students with disability, including the entitlement of students with disability to enrol in their local public school;

• specific eligibility requirements for enrolment in Department education support settings; and

• the development of approaches to support students’ attendance, including promotion, prevention, and response.

Department of Communities - ‘A Western Australia for Everyone’: State Disability Strategy 2020-2030

As described earlier in the submission, the State Disability Strategy will continue to guide and drive the overall objectives for Western Australia to become a more inclusive community.

Support for the Disability Royal Commission has already been identified within the State Disability Strategy’s first Action Plan.

20