Submission 71 — Victorian Government — Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

SUB.100.02450_02_0001

VIC.0017.0500.0001

Victorian Government

Submission to the Royal

Commission into Violence,

Abuse, Neglect and

Exploitation of People

with Disability

ORIA

tate ◄ovemment

SUB.100.02450_02_0002

VIC.0017.0500.0002

To receive this document in another format, email the Disability and Communities branch DisabilityRC@dffh.vic.gov.au.

Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.

© State of Victoria, Australia, Department of Families, Fairness and Housing, October 2022. The Victorian Government Submission to the Disability Royal Commission, is licensed under a Creative Commons Attribution 4.0 licence.

The terms and conditions of this licence, including disclaimer of warranties and limitation of liability are

available at Creative Commons Attribution 4.0 International Public License

https://creativecommons.org/licenses/by/4.0.

You are free to re-use the work under that licence, on the condition that you credit the State of Victoria, Australia (Department of Families, Fairness and Housing) as the author, indicate if any changes have been made to the work and comply with the other licence terms.

In this document, ‘Aboriginal’ refers to both Aboriginal and Torres Strait Islander people. ‘Indigenous’ or ‘Koori/Koorie’ is retained when part of the title of a report, program or quotation.

ISBN/ISSN 978-1-76130-025-7 (online/PDF/Word).

SUB.100.02450_02_0003

VIC.0017.0500.0003

into Violence, Abuse, Neglect and Exploitation of People with Disability 3

Contents

• Minister’s foreword

• Acknowledgement

• Treaty and truth in Victoria

• Language

• Key terms O

• Executive summary

• Recommendations for reform

• Domain 1: Upholding the rights of people with disability

• Domain 2: Promoting inclusive communities

• Domain 3: Improving service systems and interfaces

• Domain 4: Building the capacity and capabilities of NDIS and mainstream workforces

• Domain 5: Using data and research to deliver better outcomes

• Domain 6: Quality and safeguards

• lntroduction

• Overarching objectives

• Embedding human rights and the social model of disability in everything we do

• Eliminating discrimination and exclusion of people with disability

• Promoting choice and control

• Embedding Aboriginal self-determination

• Promoting understanding of intersectionality and its implications

• Ensuring people with disability are safe from abuse, exploitation and violence

• The Victorian context

• People with disability in Victoria

• Inclusive Victoria - state disability plan 2022-2026

• Victorian Government engagement with the Royal Commission

• 1 Domain 1: Upholding the rights of people with disability

• 1.1 Foundations for reform

• 1.1.1 Embedding Aboriginal self-determination in national policy development and governance

• 1.1.2 Embedding co-design with people with disability in national policymaking and service design

• 1.1.3 Increase representation of people with disability in Commonwealth Government decision-making

• 1.2 Legislating rights protections

• 1.2.1 Legislate a public sector positive duty to promote disability inclusion

• 1.2.2 Embed supported decision-making in legislation and invest in implementation

• 1.2.3 Supported decision-making under the NDIS

SUB.100.02450_02_0004

VIC.0017.0500.0004

into Violence, Abuse, Neglect and Exploitation of People with Disability 4

1.3 Strengthening the national disability advocacy sector………………………………………………………36 1.3.1 Fund national disability advocacy at a level commensurate with increased demand……………………………………………………………………………………..36 1.3.2 Ensure national disability advocacy funding is responsive to diversity and underpinned by an intersectional approach …………………………………………………..37 1.3.3 Ensure the Advocacy Program meets the need for legal assistance for appeals, discrimination and capability building ………………………………………………………………….39

2 Domain 2: Promoting inclusive communities ……………………………………………………………..41 2.1 Strengthening inclusion and building individual and community capacity ………………………….. .42 2.1.1 Strengthening natural supports ………………………………………………………………………….42 2.1.2 Strengthening the Information, Linkages and Capacity Building program ………………. .45 2.1.3 Promoting inclusion and participation of people with disability in sport and active recreation………………………………………………………………………………………………………. .4 7 2.1.4 Promoting inclusion and participation of people with disability in the creative industries…………………………………………………………………………………………… .49 2.2 Supporting economic participation …………………………………………………………………………………50 2.2.1 Enhance national employment strategies ……………………………………………………………50 2.2.2 Victoria’s approach to strengthening economic participation of people with disability in the public sector………………………………………………………………………………54 2.2.3 Redesign Disability Employment Services …………………………………………………………..56 2.3 Supporting educational participation ………………………………………………………………………………57 2.4 Supporting access to social housing ………………………………………………………………………………61 2.5 Driving a national approach to promoting positive community attitudes………………………………62 2.5.1 Investing in a national campaign to promote positive community attitudes………………62

3 Domain 3: Improving service systems and interfaces…………………………………………………65 3.1 The NDIS and mainstream services - interface issues …………………………………………………….66 3.1.1 Integrating service delivery approaches ………………………………………………………………66 3.1.2 Clarifying roles and responsibilities at the interface between NDIS and justice services ………………………………………………………………………………………….68 3.1.3 Clarifying roles and responsibilities across child protection, out of home care, youth justice and the NDIS interface …………………………………………………………………..71 3.1.4 Address hospital discharge delays ……………………………………………………………………..72 3.1.5 Develop and implement a joint commissioning framework ……………………………………. 7 4 3.1.6 Supporting access to the NDIS ………………………………………………………………………….75 3.1.7 Ensure Medium-term accommodation is available to the people who need it…………..77 3.2 Improving the NDIS ……………………………………………………………………………………………………..79 3.2.1 Fund supports to help people navigate the NDIS and implement a co-designed and person-centred information gathering and assessment model…………………………79 3.2.2 Enhance NDIS planning processes and guidance………………………………………………..80 3.2.3 Using funds accumulated within the Scheme to improve the lives of people with disability ……………………………………………………………………………………………………82 3.2.4 Implement a framework for maintaining critical supports ……………………………………….82

SUB.100.02450_02_0005

VIC.0017.0500.0005

into Violence, Abuse, Neglect and Exploitation of People with Disability 5

3.2.5 Improve identification and mitigation of risks to NDIS participants through enhancements to planning and support coordination ……………………………………………84 3.2.6 Implement comprehensive Provider of last resort arrangements ……………………………85 3.2.7 NDIS Market enablement ………………………………………………………………………………….86 3.2.8 lncentivise the NDIS market ………………………………………………………………………………87 3.2.9 A Specialist Disability Accommodation (SDA) sector that delivers more choice to people with disability …………………………………………………………………………..88 3.2.10 Improve NDIS access for refugees and asylum seekers, including enabling access for those who do not currently meet residency requirements ………………………89 3.3 Responses to support people with disability during a crisis or emergency ………………………….91 3.3.1 Develop a national emergency management approach ………………………………………..91 3.3.2 Improve responses to people with disability who experience family violence, including children ……………………………………………………………………………………………..93 3.3.3 Implement witness intermediary schemes …………………………………………………………..95 3.3.4 Implement Independent Third Persons programs …………………………………………………96

4 Domain 4: Building the capacity and capabilities of mainstream and NDIS workforces …………………………………………………………………………………………………99 4.1 Building the capacity, capability and sustainability of the disability workforce ………………….. 100 4.1.1 National leadership and coordination of NDIS markets and workforce development ………………………………………………………………………………………………… 100 4.1.2 Building workforce supply to meet existing and future demand …………………………… 101 4.1.3 Invest in strengthening the capability of the disability workforce …………………………. 102 4.1.4 Progress reforms aimed at raising the pay, conditions and work value of the disability workforce and improve gender equity ……………………………………….. 103 4.2 Building the capability of workers across service systems …………………………………………….. 104 4.2.1 Building the capability of workers across the health and community service systems ……………………………………………………………………………………………. 104 4.2.2 Capacity building of workers in mainstream services ………………………………………… 105 4.2.3 Invest in training of NDIS planners and support coordinators……………………………… 106 4.2.4 Invest in attracting and retaining behaviour support practitioners ……………………….. 106

5 Domain 5: Using data and research to deliver better outcomes ………………………………. 108 5.1 Improving the collection and use of data ……………………………………………………………………… 108 5.2 Evaluation and outcomes measurement ……………………………………………………………………… 110 5.3 Investment in research to inform best practice service design and delivery …………………….. 110

6 Domain 6: Quality and safeguards ………………………………………………………………………….. 112 6.1 Strengthening safeguards and protection of people with disability at increased risk of harm ……………………………………………………………………………………………………………… 113 6.1.1 Delivering quality services that uphold the rights of people with disability ……………. 113 6.1.2 Preventing violence, abuse, neglect and exploitation ………………………………………… 114 6.1.3 Alignment of best practice regulation across sectors…………………………………………. 116 6.2 Implementation of the NDIS Quality and Safeguarding Framework………………………………… 117

SUB.100.02450_02_0006

VIC.0017.0500.0006

into Violence, Abuse, Neglect and Exploitation of People with Disability 6

6.2.1 Use of unregistered providers for Supported Independent Living ……………………….. 117 6.2.2 Information sharing between regulatory agencies …………………………………………….. 118 6.2.3 Protecting the rights of people with disability subject to restrictive practices: Victoria’s administrative authorisation model ……………………………………………………. 119 6.2.4 Recognise Community Visitors schemes as a key safeguard, including for NDIS funded services …………………………………………………………………………………………….. 120 6.2.5 Embedding culturally safe service delivery ………………………………………………………. 121

7 Concluding comments……………………………………………………………………………………………. 125

Appendix 1: List of recommendations …………………………………………………………………………….. 126

1. Upholding the rights of people with disability ……………………………………………………………….. 126
2. Promoting inclusive communities ……………………………………………………………………………….. 127
3. Improving service systems and interfaces …………………………………………………………………… 129
4. Building the capacity and capability of mainstream and NDIS workforces ……………………….. 136
5. Using data and research to deliver better outcomes …………………………………………………….. 137
6. Quality and safeguards……………………………………………………………………………………………… 137 Appendix 2: Victorian Government evidence and responses previously provided to the Royal Commission ……………………………………………………………………………………………….. 139

SUB.100.02450_02_0007

VIC.0017 .0500.0007

into Violence, Abuse, Neglect and Exploitation of People with Disability 7

Minister’s foreword

Every Victorian with disability has the right to be included and to live their lives free of violence, abuse, neglect and exploitation. I am pleased to provide this submission to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Royal Commission) on behalf of the Victorian Government. My thanks to every person with disability, family member, carer and advocate who has shared their experiences with the Royal Commission. I acknowledge the significant strength, determination and courage that it takes to speak up. Your voices are critical to leading all of us forward. I acknowledge that government responses to violence, abuse, neglect and exploitation of people with disability, haven’t always been adequate, and that there is more work to do. This submission reflects the Victorian Government’s vision of an inclusive, accessible and safer Victoria. One that that upholds the rights of people with disability; that celebrates diversity and promotes disability pride; that expands opportunities for people with disability to belong and control their lives. But realising that vision requires enduring and systemic reform. It requires greater collaboration by all governments. It requires ongoing and genuine engagement with our diverse community. It requires thinking differently to ensure decisions made about people with disability are made with and by people with disability. It requires rights-based and intersectional approaches designed and delivered in partnership with people with disability and Aboriginal communities. Alongside our commitment to systemic reform and actions under Inclusive Victoria - State disability plan 2022-2026 (Inclusive Victoria), 1 this submission sets out key recommendations to achieve our vision. I welcome the Royal Commission’s consideration of this submission as it completes its vital inquiry. Only by working together can we ensure that all people with disability are safe and included and can live their lives free of violence, abuse, neglect and exploitation.

The Hon. Colin Brooks MP

Minister for Disability, Ageing and Carers

1 State of Victoria (2022), !!!9!!1.1?!’!.f?..Vf9.(qrf?..-:.!?!?1.(f?J!l1??1.P.i![ty_p)?!!.?c9.22_-2026, Melbourne: State of Victoria. Viewed 26 April 2022, https://www.vic.gov.au/state-disability-plan.

SUB.100.02450_02_0008

VIC.0017.0500.0008

into Violence, Abuse, Neglect and Exploitation of People with Disability 8

Acknowledgement

We acknowledge Aboriginal people as the first peoples and Traditional Owners and custodians of the land and waterways on which we live.

We honour and pay our respects to Elders past, present and emerging. We recognise all Aboriginal peoples and their strength and resilience despite the ongoing impacts of colonisation and dispossession.

Aboriginal peoples represent the world’s oldest living culture. We celebrate and respect this continuing culture.

We recognise that we have a long way to go in understanding and addressing the intersections of ableism, racism and the ongoing effects of dispossession and colonisation. We are committed to working in partnership with Aboriginal communities to see what additional actions the Victorian Government needs to take to address inequality for Aboriginal people with disability.

We also acknowledge the significant role that Aboriginal families and communities play as carers for people with disability in Victoria.

Note: We recognise the diversity of Aboriginal people living throughout Victoria. While the terms ‘Koorie’ or ‘Koori’ are commonly used by Aboriginal people to describe Aboriginal people in southeast Australia, we have used the term ‘Aboriginal’ to include all people of Aboriginal and Torres Strait Islander descent who are living in Victoria.

Treaty and truth in Victoria

We acknowledge the impact of colonisation to this day and seek ways to rectify past wrongs, including through truth-telling and the development of treaty.

We are deeply committed to Aboriginal self-determination and to supporting Victoria’s treaty and truth-telling processes. We acknowledge that treaty will have wide-ranging impacts for the way we work with Traditional Owners and Aboriginal Victorians. We seek to create respectful and collaborative partnerships and develop policies and programs that respect Aboriginal self determination and align with treaty aspirations.

Establishment of the Yoorrook Justice Commission builds on Victoria’s nation-leading work on treaty, and the Victorian Government’s 2018 commitment to address historic and ongoing injustices through the treaty process.

We acknowledge that Victoria’s treaty process will provide a framework for the transfer of decision making power and resources to support self-determining Aboriginal communities to take control of matters that affect their lives. We commit to working proactively to support this work in line with the aspirations of the Traditional Owners and Aboriginal Victorians.

SUB.100.02450_02_0009

VIC.0017 .0500.0009

into Violence, Abuse, Neglect and Exploitation of People with Disability 9

Language

The Victorian Government recognises that language is a powerful tool for changing community attitudes, promoting inclusion and fostering disability pride. Throughout history, people with disability have fought for changes to language that reflect their human rights. We know language is always changing, and we recognise that words are powerful and have different meanings for different people. We recognise that people with disability have different preferences regarding how they describe their disability. This submission uses person-first language (i.e., person with disability), consistent with the approach outlined in Inclusive Victoria.3 In addition, when referring to autistic people, we have used language consistent with the Victorian autism plan.4 We acknowledge that there is no universal conceptualisation of disability, which is perceived in culturally specific ways. A further explanation of the Victorian Government’s approach to language is available in Inclusive

Victoria.5

3 State of Victoria, !!!9!!1.1?!‘!.d..Vf9.(qrf?..-: .!?!?.(dJ!l$.€!P.i![ty_p_(?!!.?c9.e?,_f?,_Q?,9.. 4 State of Victoria (2019), Victorian Autism Plan, Melbourne: State of Victoria. Viewed 26 April 2022, https://www.statedisabilityplan.vic.gov.au/victoria-autism-plan. 5 State of Victoria, !!!9!!1.1?!’!.d..Vf9.(qrf?..-:.!?!?.(dJ!l$.E!P.i![ty_p(?!!.?c9.egh?,_Qg9..

SUB.100.02450_02_0010

VIC.0017.0500.0010

into Violence, Abuse, Neglect and Exploitation of People with Disability 10

Key terms

I AcronymJJ         I               Full ,title                                                                                                           I

AAA Access for All Abilities

ACCOs Aboriginal Community Controlled Organisations

ADIi Australian Digital Inclusion Index

ADS Australia’s Disability Strategy 2021-31

ALRC Australian Law Reform Commission

AOD Alcohol and Other Drugs

Applied Principles Applied Principles and Tables of Support to Determine Responsibilities

NDIS and other services

ASAPD Australian Sporting Alliance for People with Disability

BSPs Behaviour Support Plans

CALO Culturally and Linguistically Diverse

Capability Victorian Mental Health and Wellbeing Workforce Capability Framework

Framework

CBEM Community Based Emergency Management

Community Community Attitudes Targeted Action Plan

Attitudes TAP

cos Continuity of Support COVID-19 Coronavirus CRPD United Nations Convention on the Rights of Persons with Disabilities

CV Review Commonwealth Department of Social Services Community Visitor

Schemes Review

DES Disability Employment Services

DET Victorian Department of Education and Training

DFFH Victorian Department of Families, Fairness and Housing

DFV Response Victoria’s Disability and Family Violence Crisis Response initiative

Initiative

DH Victorian Department of Health

Disability Act Disability Act 2006 (Vic)

DRMs Disability Reform Ministers

DSS Commonwealth Department of Social Services

DWRS Victorian Disability Worker Regulation Scheme

ECIS Early Childhood Intervention Services

Employment TAP Employment Targeted Action Plan

Equal Opportunity Equal Opportunity Act 2010 (Vic)

Act

SUB.100.02450_02_0011

VIC.0017.0500.0011

into Violence, Abuse, Neglect and Exploitation of People with Disability 11

Acronymr _,, ..- Full title Every opportunity Every opportunity: Victorian economic participation plan for people with disability 2018-2020 Getting to work Getting to work: Victorian public sector disability employment action plan 2018-2025

ILC Information, Linkages and Capacity Building program

Inclusive Victoria Inclusive Victoria - State disability plan 2022-2026

IRV Inclusive Rainbow Voices

1ST Intensive Support Team

ITP Victorian Independent Third Persons program

JLOs Justice Liaison Officers

Keeping our sector Keeping our sector strong: Victoria’s workforce plan for the NDIS strong

LACs Local Area Coordinators

LGBTIQ+ Lesbian, Gay, Bisexual, Trans, lntersex, and Queer +

MACNI Multiple and Complex Needs Initiative

MARAM Multi-Agency Risk Assessment and Management Framework

MOU Memorandum of Understanding

MTA Medium Term Accommodation

NDAF National Disability Advocacy Framework

NDAP National Disability Advocacy Program

NODA National Disability Data Asset

NOIA National Disability Insurance Agency

NDIS National Disability Insurance Scheme

NDIS Act National Disability Insurance Scheme Act 2013

NDIS Commission NDIS Quality and Safeguards Commission

NDIS Rules Rules made under the National Disability Insurance Scheme Act 2013

NDIS Workforce Commonwealth Government’s NDIS National Workforce Plan: 2021-2025

Plan

NDRP National Disability Research Partnership

NOS National Disability Services

OOHC Out of home care

OPA Office of the Public Advocate

Parliamentary The 2016 Victorian Parliament Family and Community Development

inquiry Committee’s Inquiry into abuse in disability services

Profile Disability Inclusion Profile

Q&S Framework NDIS Quality and Safeguarding Framework

SUB.100.02450_02_0012

VIC.0017.0500.0012

into Violence, Abuse, Neglect and Exploitation of People with Disability 12

Acronymr _,, ..- Full title

Royal Commission Royal Commission into Violence, Abuse, Neglect and Exploitation of

People with Disability

Safety TAP Australia’s Disability Strategy 2021-2031 - Safety Targeted Action Plan

SARU Self Advocacy Resource Unit

scv Special Category Visa

SDA Specialist Disability Accommodation

SDRF Self Determination Reform Framework

SHEV Safe Haven Enterprise Visa

SIL Supported Independent Living

SOCIT Sexual Offences and Child Abuse Investigation Teams

SPF Social Procurement Framework

SRS Supported Residential Service

STA Short Term Accommodation

TAPs Targeted Action Plans

Taskforce Report The South Australian Safeguarding Taskforce Report

TPV Temporary Protection Visa

VARE Video Audio Recorded Evidence

VCAC Victorian NDIS Community Advisory Council

VCE Victorian Certificate of Education

VDAC Victorian Disability Advisory Council

VDAP Victorian Disability Advocacy Program

VDWC Victorian Disability Worker Commission

VEOHRC Victorian Equal Opportunity and Human Rights Commission

VGGP Victorian Government Graduate Program

VPC Victorian Pathways Certificate

VPS Victorian Public Service

SUB.100.02450_02_0013

VIC.0017.0500.0013

into Violence, Abuse, Neglect and Exploitation of People with Disability 13

Executive summary

• The Victorian Government commends the profound strength, courage and resilience of those who have shared their experiences with the Royal Commission.

• We acknowledge the significant harm that people with disability, their families, supporters and communities have experienced.

• We recognise that governments, including the Victorian Government, haven’t always got it right in seeking to prevent and respond to that harm.

• We believe that governments and communities must use all available tools and resources to address violence against, abuse, neglect and exploitation of people with disability.

• We are committed to working in partnership with people with disability, communities and other governments to effect transformational change.

• We are committed to facilitating access to relevant, contemporary and responsive services in the right place at the right time.

1 The Victorian Government welcomes the Royal Commission and the opportunity to contribute to improving the lives of people with disability, their families and carers. 2 People with disability make a significant and valuable contribution to our community. They have the right to expect the same opportunities as everyone else and the right to live lives of their own choosing, free from violence, abuse, neglect and exploitation. They have the right to expect relevant and appropriate support to facilitate their engagement in community life. 3 The Victorian Government recognises that changing the way we do things requires greater effort and a genuine commitment to reform and urges all governments to use every means at their disposal to prevent and address violence against, abuse, neglect and exploitation of people with disability. 4 The Victorian Government’s perspective is informed by our historical role in funding community led reform and advocacy as well as experience in designing, delivering and regulating services for people with disability, their families and carers in disability and mainstream settings. We have also considered how implementation of the National Disability Insurance Scheme (NDIS) has changed the way disability services are funded, regulated and accessed in Victoria and how best to ensure that the benefits of this transformational reform are realised for people with disability and our community. 5 The Victorian Government has identified the following set of overarching objectives for reform and provides recommendations and proposals to achieve legislative, policy, service design and delivery reform. These overarching objectives are elaborated in the Introduction to this submission. (a) Embedding human rights and the social model of disability in everything we do ensuring that policy and legislative reforms are grounded in a human rights approach and the social model of disability, consistent with Australia’s international human rights obligations (b) Eliminating discrimination and exclusion of people with disability, including understanding how ableism contributes to this - achieving real equality for people with disability requires governments and communities to address the structural and systemic discrimination against and exclusion of people with disability

SUB.100.02450_02_0014

VIC.0017.0500.0014

into Violence, Abuse, Neglect and Exploitation of People with Disability 14

(c) Promoting choice and control — recognising people with disability have the legal right to make choices and take risks in order to learn and grow

(d) Embedding Aboriginal self-determination — recognising that Aboriginal people and communities hold the knowledge and expertise about what is best for themselves, their families and communities, and self- determination is the only policy approach to produce effective and sustainable outcomes for Indigenous peoples around the world

(e) Promoting understanding of intersectionality and its implications for reform of policy, service design and delivery — ensuring reforms are responsive to the diversity of all people, including the intrinsic diversity of people with disability, and address the multiple and overlapping structural causes of disadvantage and inequality. This includes addressing the compounding barriers caused by the intersection of ableism with other forms of structural discrimination

(f) Ensuring people with disability are safe from abuse, exploitation and violence — recognising that people with disability continue to experience these harms disproportionately to people without disability and that policy, service design and delivery reform must consider potential risks and incorporate measures to prevent and respond to these.

6 The Royal Commission’s Terms of Reference are very broad, and this submission does not attempt to canvas all the issues examined by its inquiry. Accordingly, the recommendations in this submission are focused on areas where we feel action would deliver the most value, and where the Victorian Government is able to offer insights based on our experience. We have also made recommendations about areas that would benefit from greater national consistency or national leadership from the Commonwealth Government.

7 The Victorian Government acknowledges that some issues need to be progressed through existing intergovernmental decision-making forums such as the Disability Reform Ministers (DRM) meeting. Driving transformative change through these forums requires collaboration, accountability, transparency and a shared commitment by all governments to achieve real outcomes. The Victorian Government welcomes the commitment made by all Disability Ministers at the June 2022 DRM meeting to work together in partnership to build trust, empathy, and support better outcomes for people with disability.®

8 Both Inclusive Victoria and this submission highlight opportunities for action to improve the lives of Victorians with disability but they have different purposes and audiences. Inclusive Victoria sets out a comprehensive plan to be implemented by Victorian Government departments over a four-year period. This submission includes strategically framed recommendations which speak to the need for national reform and policy development for consideration by the Royal Commission.

https://www.dss.gov.au/our-responsibilities/disability-and-carers/programmes-services/government international/disability-reform-ministers meeting#:~:text=The%20Disability%20Reform%20Ministers%7E2%80%99%20meetings %20provide%20a%20forum, Strategy%20and%20the%20National%20Disability%20Insurance%20Scheme%20%28NDIS%29.

SUB.100.02450_02_0015

VIC.0017.0500.0015

into Violence, Abuse, Neglect and Exploitation of People with Disability 15

Recommendations for reform

9

10

In this submission, the Victorian Government sets out recommendations for reform of legislation, policy, service design and delivery across six domains:

1. Upholding the rights of people with disability
2. Promoting inclusive communities wo

Improving services systems and interfaces 4 5

) ) ) Building the capacity and capabilities of mainstream and NDIS workforces ) Using data and research to deliver better outcomes

( ( ( ( ( (

6. Strengthening quality and safeguards. The principal topics navigated in this submission are reflected by the index. A detailed list of

Domain 1: Upholding the rights of people with disability

11

12

13

14

More needs to be done to strengthen the rights of people with disability across Australia. Modernising disability inclusion legislation, strengthening legislated decision-making rights, and embedding greater access to supported decision-making under the NDIS, are important areas for reform.

Self-determination is a key driver of improved health, wellbeing, and safety outcomes for Aboriginal people with disability. The Victorian Government is working in partnership with Aboriginal communities to undertake systemic reforms to advance the right to Aboriginal self determination and pursue treaty. There is an opportunity for other jurisdictions to build on this important work.

People with disability must lead key policy decisions impacting their lives. Co-design of national policy, service design and implementation with people with disability is key to driving reforms with an intersectional approach that are genuinely responsive to the diverse needs of communities. There is an opportunity for the Commonwealth Government to lead and drive support for co-design, underpinned by intersectional approaches, at the national level.

Access to advocacy is an essential safeguard against violence, abuse, neglect and exploitation. National reforms to advocacy funding create an opportunity to embed a more intersectional approach and a greater focus on measuring outcomes. Advocacy supports must be sufficient to meet increased demand and respond to the diverse needs and experiences of people with disability.

Domain 2: Promoting inclusive communities

15

16

17

People with disability continue to face barriers to exercising their right to participate in all aspects of social and economic life.

Inclusive Victoria affirms the Victorian Government’s commitment to building genuine inclusion and addressing barriers to social and economic participation. However, more collaboration and national leadership is required to drive change at the national level.

Improving community attitudes is integral to building communities that are inclusive of people with disability. Greater efforts are required in this space to deliver national evidence-based initiatives to challenge stereotypes and ensure equal opportunity. Efforts should be evaluated

SUB.100.02450_02_0016

VIC.0017.0500.0016

into Violence, Abuse, Neglect and Exploitation of People with Disability 16

against national baseline data on community attitudes regularly to ensure interventions are working. 18 People with disability are significantly underrepresented in the workforce and often face barriers to employment. Mainstream services are not always equipped to respond effectively to people with disability. People with disability continue to face negative community attitudes, discrimination, social isolation and exclusion. As a result, many people with disability do not have the benefits and safeguards of natural support networks. 19 Addressing these issues requires more strategic investment to build the capacity of individuals, communities and mainstream service systems. It also requires a greater focus on evidence-based approaches to improve employment outcomes and increase opportunities for social participation.

Domain 3: Improving service systems and interfaces 20 Access to appropriate, timely and high-quality supports is vital to reducing violence, abuse, neglect and exploitation of people with disability. Clarifying roles and responsibilities at the interface between the NDIS and mainstream services, integrating service delivery approaches and making improvements to the way services are commissioned and accessed is essential to improve outcomes for people with disability. 21 As outlined in this submission, the Victorian Government has identified key opportunities to improve the NDIS which could be implemented now. These include enhancing the way people navigate and access services, streamlining planning processes, improving consistency, developing better frameworks to identify and mitigate risks to NDIS participants, providing market incentives for critical supports and strengthening the interface between NDIS and the health and community care systems. More effective use of existing NDIS funding would improve NDIS participant access and outcomes and help to improve the lives of people with disability.

Domain 4: Building the capacity and capabilities of NDIS and mainstream workforces 22 A capable and sustainable disability workforce is key to ensuring people with disability can continue to access timely and high-quality supports. 23 NDIS and community care service providers continue to report challenges in recruiting and retaining workers. The current supply of disability workers is insufficient to meet existing and future demand. 24 Disability and community care workers are reluctant to commit to long term training for jobs that are perceived to be undervalued, poorly paid and lacking stability. Increased investment to develop the capabilities of disability support workers is needed. 25 Staff in both the NDIS and in mainstream services need an improved understanding of the roles and processes of each other’s service models and organisations. NDIS planners and support coordinators continue to face challenges coordinating supports across the NDIS and mainstream service systems. Similarly, mainstream services find it challenging to navigate NDIS processes and facilitate access to NDIS supports. 26 Addressing these issues requires a joined-up approach across jurisdictions. The Victorian Government welcomes the commitment made by all Disability Ministers at the June 2022

SUB.100.02450_02_0017

VIC.0017.0500.0017

into Violence, Abuse, Neglect and Exploitation of People with Disability 17

DRM meeting to work together to develop a comprehensive workforce strategy including ensuring appropriate supports are provided for participants with complex needs. All jurisdictions have shared roles in workforce development, market stewardship, joint implementation, and a greater focus on measuring outcomes. There needs to be increased investment in training for NDIS planners and support coordinators and targeted investment is required to attract and retain specialist practitioners in areas of need.

Domain 5: Using data and research to deliver better outcomes

27 The Victorian Government has identified that better use of data, research and outcomes measurement will help to drive better social, economic, health and wellbeing outcomes for people with disability.

28 Developing a national approach to disability data collection, definitions and sharing would enable governments to better target policy and program development and be more accountable for outcomes. This work should be complemented by investment in quality research to inform evidence-based policy responses, service design and delivery.

29 Measuring outcomes across service systems, underpinned by quality data and research, is key to measuring effectiveness and designing solutions that are responsive to system gaps and service needs.

30 The National Disability Data Asset (NDDA)’ will provide access to a rich linked data asset across portfolios and jurisdictions, including data from the Commonwealth Government. The NDDA will enable data insights into how the NDIS interfaces with Victorian mainstream services and other intersecting portfolios, as well as the contribution of the NDIS itself to outcomes for people with disability.

31. The Victorian Government continues to implement various initiatives to improve data collection and analysis, embed outcomes measurement and build the research evidence-base. Continued national collaboration and increased national investment will help us to build on this success.

Domain 6: Quality and safeguards

32. Victoria’s disability abuse prevention strategy® was designed to tackle the widespread devaluing of people with disability in society (a known root cause of abuse of people with disability) and to prevent abuse at the individual, service provider and sector levels.

33 Preventing and identifying abuse, neglect and exploitation of people with disability requires proactive intervention and monitoring. Governments and regulators play a critical role to ensure services are of consistent quality and robust safeguards are in place across the disability sector. This role extends to working with the community to create lasting cultural change so the rights and interests of people with disability are understood and upheld.

oe eeec ena eau cene tense seeacis?,

asset.

disability abuse prevention strategy, Melbourne: State of Victoria. Viewed 9 May 2022, https://www.dhhs.vic.gov.au/publications/disability-abuse-prevention-strategy.

SUB.100.02450_02_0018

VIC.0017.0500.0018

into Violence, Abuse, Neglect and Exploitation of People with Disability 18

34 In turn, service providers are critical to the success of preventative efforts given their role in providing direct support services to people with disability. Service providers need proactive support and guidance to ensure their services result in good outcomes for people with disability. 35 Recent inquiries9 have identified significant gaps in current quality and safeguarding arrangements. These gaps must be addressed through more proactive safeguarding measures and better identification of people with disability who are at increased risk of harm.

Implementation of Australia’s Disability Strategy 2021-2031 - Safety Targeted Action Plan

(Safety Targeted Action Plan (TAP)) and the forthcoming review of the NDIS, offer opportunities to promote prevention of violence, abuse, neglect and exploitation of people with disability, and to drive change at the national level.

9 Parliament of Australia, Joint Standing Committee on the National Disability Insurance Scheme (2021 ), R.€!R9.tJ. .Qf th.f?.f!Jg_L1j(Y__j!Jt9._tf]a_NPJ!$QLJ_cWtY..?.fJ9..$.?fegtj?[_cfb.9.9.f!Jm.(cbi_Q!!, Canberra: Commonwealth of Australia. Viewed 1 June 2022, https://apo.org.au/node/315382.

SUB.100.02450_02_0019

VIC.0017.0500.0019

into Violence, Abuse, Neglect and Exploitation of People with Disability 19

Introduction

36 People with disability make a significant and valuable contribution to our community. They have the right to expect the same opportunities as everyone else and the right to live lives of their own choosing, free from violence, abuse, neglect and exploitation. 37 However, people with disability continue to experience significant levels of violence, abuse, neglect and exploitation. They continue to be excluded, discriminated against and experience segregation and ableism in many areas of community life. People with disability also face multiple barriers to inclusion and participation. The experience of violence and abuse and barriers to inclusion can affect all parts of a person’s daily life. Ableism can combine with other forms of structural discrimination to further exacerbate inequality, exclusion and discrimination. 38 The Royal Commission is a critical opportunity to drive transformational change, informed by evidence-based solutions that address the causes and consequences of violence, abuse, neglect and exploitation of people with disability.

Overarching objectives 39 The Victorian Government has identified the following set of overarching objectives for reform in this submission and provides recommendations and proposals to achieve legislative, policy, service design and delivery reform. (a) Embedding human rights and the social model of disability in everything we do ­ ensuring that policy and legislative reforms are grounded in a human rights approach and the social model of disability, consistent with Australia’s international human rights obligations (b) Eliminating discrimination and exclusion of people with disability, including understanding how ableism contributes to this - achieving real equality for people with disability requires governments and communities to address the structural and systemic discrimination against and exclusion of people with disability (c) Promoting choice and control- recognising that people with disability have the right to make choices and take risks in order to learn and grow (d) Embedding Aboriginal self-determination - recognising that Aboriginal people and communities hold the knowledge and expertise about what is best for themselves, their families and communities, and self- determination (the right for Aboriginal people to make decisions on matters that affect their lives) is the only policy approach to produce effective and sustainable outcomes for Indigenous peoples around the world (e) Promoting understanding of intersectionality and its implications for reform of policy, service design and delivery - ensuring reforms are responsive to the diversity of all people, including the intrinsic diversity of people with disability, and address the multiple and overlapping structural causes of disadvantage and inequality. This includes addressing the compounding of barriers caused by the intersection of ableism with other forms of structural discrimination (f) Ensuring people are safe from abuse, exploitation and violence - recognising that people with disability continue to experience these harms disproportionately to people without disability and that all policy, service design and delivery reform must consider potential risks and incorporate measures to prevent and respond to these.

SUB.100.02450_02_0020

VIC.0017.0500.0020

into Violence, Abuse, Neglect and Exploitation of People with Disability 20

Embedding human rights and the social model of disability in everything we do

40 Policy and legislation designed to address violence, abuse, neglect and exploitation of people with disability needs to be grounded in a human rights approach and the social model of disability.

41 Human rights are a fundamental entitlement that belong to all people. Respect for human rights is the cornerstone of strong communities in which everyone can contribute and feel included. The United Nations Convention on the Rights on Persons with Disabilities (CRPD) outlines the rights of people with disability and sets an international standard for all countries to aspire to. In agreeing to the CRPD, all Australian governments have agreed to work toward all people with disability enjoying equal human rights and freedoms.

42 As described in the Victorian Government response to the Rights and attitudes issues paper, ’° the Victorian Government has enshrined various human rights principles in legislation, disability policy, and program frameworks, for instance, the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic). The Victorian Government continues to promote the rights, views and lived experiences of people with disability in these measures.

43 The human rights model of disability focuses on the equal rights that all people have. The human rights model recognises an individual’s experience of disability as being unique to them and contributing to their sense of identity.‘1 The human rights model also acknowledges intersecting and overlapping forms of discrimination and how these contribute to individual experiences.

44 Alongside the human rights model of disability, the social model understands disability as long-term physical, mental, intellectual or sensory differences that, when interacting with inaccessible communities and environments, prevent full and equal community participation. ’2

45 The social model of disability continues to be an important way of perceiving inequality because it views disability as stemming from communities, services and spaces that are not accessible or inclusive. In the social model of conception of disability, it is society that places limits on a person, not their disability. ’

46 The Victorian Government recognises that the human rights model and the social model of disability are interconnected. They are valuable tools and frameworks for understanding and addressing barriers to community inclusion. It is recognised that ways of understanding disability are always changing. The Victorian Government acknowledges that disability is perceived in culturally specific ways and cannot be separated from the legacies of intergenerational trauma and complex disadvantage. We will continue to be guided by people with disability about how these changing understandings can improve our work.

10 State of Victoria (2020), Victorian Government response to the Rights and attitudes issues paper, Melbourne: State of Victoria.

™! Degener, Theresia (2016), ‘A human rights model of disability’ in Routledge handbook of disability law and human rights, London: Routledge.

by the General Assembly, 24 January 2007, AJRES/61/106. Viewed 26 April 2022, oo https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities.

Federation of Disability Organisations, 2021. Viewed 26 April 2022, https://www.afdo.org.au/social-model-of disability.

SUB.100.02450_02_0021

VIC.0017.0500.0021

into Violence, Abuse, Neglect and Exploitation of People with Disability 21

Eliminating discrimination and exclusion of people with disability

47 Low expectations and negative community attitudes towards people with disability impact on their experience and participation in community life. People with disability continue to experience discrimination and exclusion in all spheres of life and across all service sectors. Of the formal complaints to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) in 2020-21, 951 were made about disability discrimination.’* People with disability are over-represented in the justice system and in indicators of negative health outcomes and low socioeconomic status. People with disability have lower participation in employment, sports and recreation, the arts community, community leadership roles and lower achievement against educational outcome measures. ’°

48 Ableist perspectives that view non-disabled people as ‘normal’ and typical abilities as ‘superior give rise to discrimination and prejudice towards people with disability. The widespread systemic and interpersonal exclusion and oppression of people with disability negatively impacts not only on them, but on the cohesion and diversity of expression in our community. ’®

49 As outlined in Inclusive Victoria, the Victorian Government is committed to addressing the intersection of ableism with other forms of structural discrimination and disadvantage across all of our policies, programs and services.

Promoting choice and control

50 =‘The Victorian Government recognises that people with disability have the right to make choices and decisions about their own lives. These choices may involve taking risks and gaining experience that contribute to peoples’ learning and development. It is recognised that people with disability have not always had a voice in decisions that affect them, and in some circumstances, are still limited in the choices and decisions that they are able to make about some aspects of their own lives.

51 A fundamental objective of all reform must be to uphold and promote people’s rights and opportunities to make their own decisions about the full range of circumstances of their own lives, including where and who they live with, the nature and arrangements of any supports they require, their participation in education, learning and employment and their personal relationships and family connections. This requires that all legislative, policy, service design and delivery reform builds in principles, systems and processes that affirm and give positive effect to the rights of people to take control of their lives, making choices and decisions that reflect their individual wishes, values and preferences.

discrimination, Canberra: Commonwealth of Australia. Viewed 10 June 2022, https://www. aihw.gov.au/reports/disability/people-with-disability-in-australia/contents/justice-and-safety/disability discrimination.

April 2022, https://pwd.org.au/resources/disability-info/language-guide.

SUB.100.02450_02_0022

VIC.0017.0500.0022

into Violence, Abuse, Neglect and Exploitation of People with Disability 22

Embedding Aboriginal self-determination

52

53

54

The Victorian Government is committed to reforming systems, structures and service delivery to embed Aboriginal self-determination. Recognising that Aboriginal people and communities hold the knowledge and expertise about what is best for themselves, their families and communities is fundamental to enabling self-determination (the right for Aboriginal people to make decisions on matters that affect their lives).

While Aboriginal self-determination is driven by community, all governments have responsibility for the many systems and structures that enable self-determination. The Commonwealth Government has primary responsibility for driving reforms in national disability policy and governance. Under the National Agreement on Closing the Gap, ’’ all governments have committed to building and strengthening structures that empower Aboriginal people, including Aboriginal people with disability, to share decision-making authority and to accelerate progress.

The Victorian Government has a nation-leading agenda to progress Aboriginal self determination. In partnership with Aboriginal Victorians, we are creating policies and establishing structures that put Aboriginal communities at the heart of decision-making on the matters that affect their lives.

Promoting understanding of intersectionality and its implications

55

56

57

58

An intersectional approach recognises that all people’s lives are shaped by the interaction of identity, relationships, meaning, context, and systems of power. These factors ‘create intersecting forms of privilege and oppression depending on a person’s context and their relationship with existing power structures such as patriarchy, ableism, colonialism, imperialism, homophobia and racism.’’® Applying an intersectional approach to policy requires consideration of how these factors interact to create multiple and overlapping forms of discrimination and disadvantage.

Ableism interacts with other forms of discrimination, such as gender inequality, racism, faith based discrimination, homophobia, biphobia, transphobia and ageism. This interaction can create multiple and intersecting forms of systemic discrimination for Aboriginal people, women, lesbian, gay, bisexual, trans, intersex, and queer + (LGBTIQ+) people, people from culturally and linguistically diverse (CALD) backgrounds, older people and young people.

For example, people with disability who have significant social and financial resources still face barriers to employment, such as discriminatory employer attitudes. People with disability living in poverty may also face those barriers, but the interaction of those barriers with other structural factors may reinforce and multiply their disadvantage.

It may be more difficult for a person with disability living in poverty to access healthcare. This can lead to poorer health and make it challenging to maintain employment, where a person may also face discriminatory employer attitudes. This may result in fewer people with disability

26 April 2022, https:/Awww.unwomen.org/en/digital-library/publications/2022/0 1/intersectionality-resource-guide-and toolkit.

SUB.100.02450_02_0023

VIC.0017.0500.0023

into Violence, Abuse, Neglect and Exploitation of People with Disability 23

participating in the workforce. In turn, a lack of representation of people with disability in the workforce and positions of leadership allows negative employer attitudes to flourish.

59 _ An intersectional approach recognises that social problems, such as negative community attitudes, cannot be addressed in isolation from the structural contexts in which they are generated and the individual ways in which they are experienced.

60 An intersectional approach is informed by the diversity and experiences of all people with disability. Alongside co-design, an intersectional approach can provide a more fulsome understanding of the experiences of people with disability, resulting in more inclusive, accessible, effective and appropriate policy design and service delivery and ultimately better outcomes for people with disability and the broader community.

61 However, an intersectional approach must also go beyond a focus on diversity and individual experience. Such approaches must understand and address the underlying, interrelated and structural causes of disadvantage and discrimination, in order to bring about transformational social change. ’?

Ensuring people with disability are safe from abuse, exploitation and violence

62 People with disability must feel confident that their services are high quality and safe, and that their rights will be protected and upheld. This should be the starting point for all policy, service design and delivery reform. Preventing violence and abuse means that governments, regulators, service providers, advocates, and community and family members need to be alive to potential risks for people with disability, particularly where people reside in segregated or closed settings, or when they receive all their services from only one provider. Measures to prevent and respond to risks need to be proactive, including developmental and capacity building initiatives for individuals as well as system level, formal oversight mechanisms.

The Victorian context

People with disability in Victoria

63 As noted in Inclusive Victoria, Victorian people with disability are diverse in their culture, language, sexuality, gender identity, age, socioeconomic status and life experiences, and live in all parts of the state. Some people’s disability is hidden, while others is visible. Their experiences and the way they perceive the concept of disability differ.

¢ 17 percent of Victorians are people with disability.2°

e Just over 10 per cent of the 1.1 million Victorians with disability are eligible for an NDIS plan.?“

20 Australian Bureau of Statistics (2019), Disability, Ageing and Carers, Australia: Summary of Findings (2018), Canberra: Commonwealth of Australia.

SUB.100.02450_02_0024

VIC.0017.0500.0024

into Violence, Abuse, Neglect and Exploitation of People with Disability 24

e As at 30 June 2022, there are 142,240 NDIS active participants (excluding Early Childhood

Early Intervention) in Victoria.?2

e As at 31 March 2022, 5,624 Victorians live in Specialist Disability Accommodation.2? 64 Across Australia more broadly:

¢ 77 per cent of people with disability have a physical disability.2+

¢ 32 per cent of people with disability sometimes or always need support with daily self-care, mobility or communication activities.2°

e¢ 24 per cent of Aboriginal people have a disability, which is twice the rate of the general population.6

¢ 38.5 per cent of LGBTIQ+ people report having a disability or long-term health condition, including mental health issue, compared with 17.7 per cent of the general Australian population.?”

¢ 7.7 percent of children under 15 have disability.28

e 49.6 per cent of all older Australians have a disability. 2°

e People from CALD backgrounds have rates of disability similar to the broader Australian population.*°

Inclusive Victoria — state disability plan 2022-2026

65 The Victorian Government recognises that changing the way we do things requires greater effort and a genuine commitment to reform. Governments should use every means at their disposal to address violence, abuse, neglect and exploitation of people with disability.

66 As noted in Inclusive Victoria, this means having people with disability at the table when we design policies, programs and services. It means working with people with disability and listening to what works best for them and their communities. It means recognising how ableism intersects with other forms of structural discrimination and understanding what that means for the way we design and deliver services.

67 = Inclusive Victoria sets out our vision for an inclusive, accessible and safe Victoria that upholds the rights of people with disability, celebrates diversity and promotes disability pride, and expands opportunities for people with disability to belong and have control over their lives. It was developed with extensive consultation with people with disability, including the Victorian Disability Advisory Council. It is an ambitious reform agenda that commits the government to transforming the way it goes about its work.

27 State of Victoria (2022), Current outcomes for LGBT/Q+ Victorians, Melbourne: State of Victoria. Viewed 26 April 2022, https://www.vic.gov.au/pride-our-future-victorias-Igbtiq-strategy-2022-32/current-outcomes-gbtiq-victorians.

28 Australian Bureau of Statistics, Disability, Ageing and Carers, Australia: Summary of Findings (2018). 29 Australian Bureau of Statistics, Disability, Ageing and Carers, Australia: Summary of Findings (2018).

April 2022, https://www.ssi.org.au/images/stories/documents/publications/Still_Outside_the_Tent_Final.pdf.

SUB.100.02450_02_0025

VIC.0017 .0500.0025

into Violence, Abuse, Neglect and Exploitation of People with Disability 25

68 Inclusive Victoria sets out the actions the Victorian Government will take over the next four years to ensure our community is inclusive and accessible for people with disability. 69 Inclusive Victoria includes six systemic reforms that will transform how the government goes about its business: (1) Co-design with people with disability (2) Aboriginal self-determination (3) lntersectional approaches (4) Accessible communications and universal design (5) Disability confident and inclusive workforces (6) Effective data and outcomes reporting. 70 Across the six systemic reform areas, Inclusive Victoria sets out 22 priority areas for action and 175 actions to improve outcomes for people with disability across education, health, mental health, housing, transport, the justice system, family violence, and sport and recreation. Other priority areas include changing community attitudes, supporting access to a high quality NDIS and service system interfaces, and new areas relating to digital inclusion, the right to expression of sexuality and gender identity, and pride and recognition. 71 The priority areas are organised under four pillars: (1) Inclusive communities (2) Health, housing and wellbeing (3) Fairness and safety (4) Opportunity and pride. 72 The four pillars of Inclusive Victoria and many of their priority areas identify key issues contemplated by this submission and there is a strong alignment between the themes outlined in Inclusive Victoria and this document. Further, the systemic reforms of Inclusive Victoria include co-design, self-determination and intersection al approaches, all of which are presented as guiding principles in this submission. Other systemic reforms from Inclusive Victoria are addressed in this submission under the themes of Supporting people in crises (accessible communications), Promoting inclusive communities (Disability confident and inclusive workplaces) and Data and research (Data and outcomes reporting). 73 The Victorian Government is also committed to delivering a stronger disability inclusion legislative framework through the current review of the Disability Act 2006 (Vic) (Disability Act). The review seeks to strengthen Victoria’s ongoing role in promoting the human rights, inclusion and participation of people with disability, drawing on other Victorian, interstate and international models as part of the review. This will include public consultation on the creation of a Commissioner for Disability Inclusion to drive improvements in practice in the public sector and promote inclusion across Victoria and creation of a standalone Disability Inclusion Act to modernise Victoria’s legislated disability inclusion framework to support the vision of a barrier-free Victoria.

SUB.100.02450_02_0026

VIC.0017.0500.0026

into Violence, Abuse, Neglect and Exploitation of People with Disability 26

Victorian Government engagement with the Royal

Commission

74 ~~ ~‘The Victorian Government welcomes ongoing engagement with the Royal Commission as it completes its work. In considering this submission, the Royal Commission should have regard to prior submissions and evidence provided by and on behalf of the Victorian Government.

75 While this submission is distinct and separate from other responses and evidence provided to the Royal Commission, some of the themes canvassed draw on earlier evidence and analysis provided to the Royal Commission. For example, the proposals regarding economic participation in this submission have a basis in evidence that was provided to the Royal Commission in the witness statement and evidence given by Adam Fennessy and Colin Radford in Public hearing 19 on barriers to open employment for people with disability. ’ Similarly, the witness statements provided by the Victorian Government on the experiences of people with disability with the criminal justice system and experiences of parents and children with disability in the child protection and out of home care systems, provide some of the foundations for recommendations in this submission?.

76 Alist of Victorian Government evidence and responses provided to the Royal Commission, as

31 Refer to Statement of Adam Fennessy PSM (Commissioner, Victorian Public Sector Commission), 25 November

2021. (STAT.0407.0001.0001); Refer to Statement of Colin Radford (Chief Executive Officer, WorkSafe Victoria), 24 November 2021. (STAT.0464.0001 .0001).

32 Refer to Statement of James Maclsaac (Executive Director Disability, DFFH), (STAT.0375.0001.0001), 9 June 2021; Statement of Shane Wilson (Director, Child Protection and Care, DFFH), 16 October 2020. (STAT.0190.0001.0001); Refer to Statement of Shane Wilson (Director, Child Protection and Care, DFFH), 17 June

2021. (STAT.0392.0001.0001).

SUB.100.02450_02_0027

VIC.0017 .0500.0027

into Violence, Abuse, Neglect and Exploitation of People with Disability 27

1 Domain 1: Upholding the rights of people with disability

77 People with disability must be afforded the same rights as others to participate, contribute, make decisions and live lives free from violence, abuse, neglect and exploitation. The experiences and expertise people have about their own disability and lives must be paramount in guiding how these rights are achieved for the individual. 78 The Victorian Government acknowledges the importance of upholding the rights of people with disability. People with disability must be afforded the same rights as others to participate, contribute, make decisions, and live lives free of violence, abuse, neglect and exploitation. 79 Legislative protections are key to ensuring that the rights of people with disability are consistently upheld and promoted. Legislating supported decision-making rights across service systems is an opportunity for governments to lead the way in strengthening rights protections. 80 Enlivening rights protections also requires investment in person-centred and rights-based policy approaches. This means prioritising the voices of people with disability in policy development and creating more opportunities for genuine co-design and disability leadership. 81 Aboriginal self-determination is essential to improving outcomes and protecting the rights of Aboriginal people with disability. Aboriginal people and communities hold the knowledge and expertise about what is best for themselves, their families and communities. 82 Improving rights protections also means ensuring that people with disability can access information and supports to understand and exercise their rights. Advocacy services play a critical role in upholding and promoting the rights of people with disability. However, advocacy services can only be effective when they are funded at a level that is sufficient to meet demand and equipped to respond to people with disability experiencing intersecting forms of disadvantage. 83 In this section, the Victorian Government highlights key opportunities to promote and strengthen the rights of people with disability by:

• embedding Aboriginal self-determination
• creating opportunities for co-design and greater representation
• improving legislated rights protections
• embedding supported decision-making in the NDIS
• strengthening the national disability advocacy sector.

SUB.100.02450_02_0028

VIC.0017.0500.0028

into Violence, Abuse, Neglect and Exploitation of People with Disability 28

1.1 Foundations for reform

1.1.1 Embedding Aboriginal self-determination in national policy development and governance

84 All jurisdictions have a role in embedding the principles of Aboriginal self-determination so that Aboriginal voices are driving the process of system change. Reforms should be based on partnerships with Aboriginal peoples with a disability and modelled on the wider policy changes being led by Victoria’s First Peoples in partnership with the Victorian Government.*? Aboriginal self-determination is a key driver of improved health, wellbeing, and safety outcomes for Aboriginal people with disability.

85 Aboriginal people continue to experience higher rates of chronic health conditions, disease, and poverty, and can face unique barriers to accessing supports.** Aboriginal people with disability also experience higher levels of violence, abuse, exploitation, and discrimination.* Aboriginal people with disability, and particularly Aboriginal people with cognitive disability, are also more likely to come into contact with the criminal justice system earlier and more frequently than their non-Aboriginal counterparts.

86 The Aboriginal stolen generation and their families continue to experience the impacts*6 of their forced removal as children and there is an ongoing need for consideration of these impacts. A culturally safe service system is essential to provide appropriate supports to Aboriginal people.

8/7 ~The Victorian Government continues to work in partnership with Aboriginal communities and Aboriginal Community Controlled Organisations (ACCOs) to drive action and improve outcomes for Aboriginal people with disability. Building the capacity of ACCOs is a commitment under Inclusive Victoria and key to progressing self-determination of Aboriginal people with disability. Our work with Aboriginal Communities and ACCOs will be underpinned by principles of Aboriginal-led collective action, self-determination and co-design. There is an opportunity to embed greater support for Aboriginal self-determination and build capacity across jurisdictions, portfolios, government services and services systems to deliver culturally safe services to Aboriginal people with disability.

88 Driving systemic change is a priority under Closing the Gap;*” the Victorian Aboriginal Affairs

Framework 2018-2023;78 the Victorian Government’s Self-Determination Reform

33 Further information about the Victorian Government commitment to self determination and treaty can be found at

34 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Royal Commission) (2021), Overview of responses to the Experiences of First Nations people with disability issues paper, Sydney: Royal Commission.

35 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Royal Commission), Overview of responses to the Experiences of First Nations people with disability issues paper.

36 Stolen Generations children are more than three times as likely to be incarcerated and 1.6 times more likely to have poor general health than the Indigenous population in Australia that had not been removed.

https://www.firstpeoplesrelations.vic.gov.au/victorian-aboriginal-affairs-framework-2018-2023.

SUB.100.02450_02_0029

VIC.0017.0500.0029

into Violence, Abuse, Neglect and Exploitation of People with Disability 29

Framework;?2 the Aboriginal Justice Agreement Phase 4 Burra Lotjpa Dunguludja*? and,

Inclusive Victoria. We are continuing these efforts alongside ongoing work to pursue treaty, including through the Yoorrook Justice Commission“! — Victoria’s first formal truth-telling process into injustices experienced by Aboriginal people since the start of colonisation and the ongoing impacts arising from these injustices. With these commitments, Victoria is the first and only Australian jurisdiction to action both the treaty and truth elements of the Uluru Statement from the Heart.

89 Through treaty, there will be a fundamental shift in the relationship between the Victorian Government, Traditional Owners and Aboriginal Victorians. Victoria’s treaty process may provide a framework for transferring decision-making power and resources to support self determining Aboriginal communities to take control of matters that affect their lives. The Victorian Government is committed to working proactively to support this work in line with the aspirations of Traditional Owners and Aboriginal Victorians.

90 The Victorian Government is happy to share learnings from these processes with other jurisdictions.

Recommendation 1

All jurisdictions, including the Commonwealth Government, should support the self determination of Aboriginal people with disability and the role of Aboriginal Community Controlled Organisations in developing disability policy, governance and service delivery.

1.1.2 Embedding co-design with people with disability in national policymaking and service design

91 All governments have a role in embedding co-design approaches in national and state-level policy making processes.

92 Co-design is the process of designing policies and programs with the people or groups that will use or deliver a product or service. It is about ‘engaging consumers and users of products and services in the design process, with the idea that this will ultimately lead to improvements and innovation’ .42

93 People are experts in their own lives. Policies, programs, and services are more likely to be effective when designed with the people that are impacted by them. But co-design is more than consultation. It requires ongoing engagement and leadership by people with lived experience throughout the design process as consultants, employees, managers and evaluators.

Be Ue hb

https:/Awww.aboriginalvictoria.vic.gov.au/self-determination-reform-framework. 40 For further information on the Victorian Aboriginal Justice Agreement Phase 4, Burra Lotjoa Dunguludja, visit

41 Yoorrook Justice Commission is expected to make recommendations for healing, system reform and practical changes to laws, policy and education, as well as to matters to be included in future treaties, with a final report due

http://www. ingridburkett.com/wp-content/uploads/201 7/09/Introduction-to-Codesign-2.pdf.

SUB.100.02450_02_0030

VIC.0017.0500.0030

into Violence, Abuse, Neglect and Exploitation of People with Disability 30

94 Co-design provides an opportunity to design policy and service delivery that is grounded in the needs of communities. It enables people with a diverse range of skills, perspectives and lived experiences to provide advice and contribute to decision-making projects, policies, programs and initiatives.**

95 Co-design works best when it acknowledges and addresses systems of power and privilege between stakeholders. It requires a commitment to sharing decision-making power with community members or feedback to inform engaged consumers and users of the rationale for decisions. It also must be underpinned by an intersectional approach and include people with different experiences of disability and representation across age, gender, sexual identity, location, cultural and religious background and language.*4

96 However, embedding co-design at the national policy level requires a shift in the mindset of decision-makers and governments. A particular focus is needed to create the conditions for successful co-design — renumeration, appropriate representation, timing, resourcing, and setting up spaces to convene and agree co-design processes.

97 Under Inclusive Victoria, the Victorian Government has committed to increasing collaboration and co-design with people with disability. The Victorian Government is happy to share learnings from this work as it progresses with other jurisdictions.*°

1.1.3 Increase representation of people with disability in Commonwealth Government decision-making

98 The Victorian Government welcomes the establishment of the Strategy Advisory Council to advise Commonwealth, state and territory DRMs on the implementation of Australia’s Disability Strategy 2021-2031 and the development of Targeted Action Plans (TAPs) to address priority policy issues.*°

99 The establishment of the Strategy Advisory Council is a step in the right direction. However, membership is broader than people with lived experience of disability and the council is limited to providing advice on the implementation of Australia’s Disability Strategy 2021-2031 and its associated plans. A statutory National Disability Advisory Council with a broader remit could support greater consideration and inclusion of people with disability across intersecting Commonwealth Government portfolios, including health, justice, education, emergency management and addressing violence against women. A statutory National Disability Advisory Council could also be used to foster links between state-based disability advisory councils and bodies.

100 A National Disability Advisory Council could be modelled on the legislated role of the Victorian Disability Advisory Council (VDAC), established under the Disability Act (sections 11-13). A National Disability Advisory Council should also strive to reflect the diversity of people with disability and be underpinned by an open and transparent membership nomination process.

Viewed 26 April 2022, https://purpleorange.org.au/application/files/ 74 16/2510/1861/PO-CoDesign_Guide-Web Accessible.pdf.

7 June 2022, https://www.dffh.vic.gov.au/news/closer-look-how-co-design-contributes-greater-inclusion.

48 Commonwealth of Australia (2021), Australia’s Disability Strategy 2021-2031, Canberra: Commonwealth of Australia.

SUB.100.02450_02_0031

VIC.0017.0500.0031

into Violence, Abuse, Neglect and Exploitation of People with Disability 31

Embedding dedicated lived experience advisory roles in other shared policy governance and working group structures would also be beneficial. For example, the Victorian Government has established the Victorian NDIS Community Advisory Council (WCAC) to enable people with disability to advise on bilateral NDIS policy discussions and issues.*”

101 The Victorian Government published Diversity on Victorian Government Board Guidelines

(Guidelines)*? to provide general advice to support diversity on Victorian Government boards, including advice tailored to specific cohorts that experience barriers to participation. The Guidelines may be useful to support the establishment of the National Disability and Carers Advisory Council and the Strategy Advisory Council to promote diverse representation amongst their members. The Victorian Government would be happy to share its experiences with the National Disability and Carers Advisory Council and the Strategy Advisory Council once established.

102 Commonwealth Government’s efforts to engage more effectively with people with disability could build on learning from Victoria’s engagement with underserviced communities to inform the development of Inclusive Victoria. As part of co-design and engagement planning, the Victorian Government identified several communities whose experiences of structural discrimination typically prevent them from participating in government engagement processes.*° The Victorian Government engaged these populations through organisations with expertise in working with these groups and community elders. In selecting organisations, preference was given to those led by or employing people with disability and by applying a diversity matrix as a mechanism to ensure a range of personal qualities, character, specialist, technical and live experience was represented.

Recommendation 2

The Commonwealth Government should establish a statutory National Disability Advisory Council to support greater engagement and representation of people with disability in national policymaking.

1.2 Legislating rights protections

1.2.1. Legislate a public sector positive duty to promote disability inclusion

103 People with disability are equal citizens and have the right to full and equal enjoyment of all human rights and fundamental freedoms, including respect for their inherent dignity and individual autonomy. Yet people with disability can experience inequality within social systems, structures and institutions, often underpinned by discriminatory attitudes and stereotypes, across all facets of life, including employment, education and social participation.

104 Victoria is undertaking work on a new Disability Inclusion Act and has released an exposure draft of the Bill for public consultation, closing on 31 October 2022. The exposure draft seeks

Ld ccs sunset deareecseccce!

https://www.vic.gov.au/diversity-victorian-government-board-guidelines.

49 For example, LGBTIQ+ people with disability, people with disability from culturally and linguistically diverse backgrounds, and Aboriginal people with disability.

SUB.100.02450_02_0032

VIC.0017.0500.0032

into Violence, Abuse, Neglect and Exploitation of People with Disability 32

views on incorporating a positive duty on public sector bodies to promote and report on inclusion of people with disability, and to take necessary and proportionate action towards achieving disability inclusion.

105 It is proposed that the new Disability Inclusion Act will recognise that no single measure alone will create lasting change and that attitude change and concrete action is fundamental to policy reform and impactful change. Consultation will occur on how incorporating a positive duty in the new Disability Inclusion Act could complement positive duties in existing legislation, including the Victorian Equal Opportunity Act 2010 (Vic) (Equal Opportunity Act),°° by focusing specifically on addressing systemic barriers and discrimination, and realising equality of outcomes for people with disability.

106 It is proposed that the legislation will provide for the establishment of a Commissioner for Disability Inclusion to drive improvements in practice in the public sector and promote inclusion across Victoria. It is envisaged that a key role of the Commissioner will be to support duty holders to understand and comply with requirements and enforce them if needed.

107 As discussed in the Victorian Government response to the Employment issues paper,*’ the Equal Opportunity Act recognises that discrimination can be both direct — where people discriminate because of personal characteristic such as disability — or indirect. Indirect discrimination includes circumstances where there is an unreasonable requirement, condition or practice that disadvantages a person, such a place not being inclusive or accessible to people with disability.°2

108 As referenced in both the Victorian Government response to the Rights and attitudes issues paper*? and the Victorian Government response to the Employment issues paper, the Equal Opportunity Act also contains a positive duty to eliminate discrimination. This includes discrimination based on disability. The positive duty means that organisations in Victoria, including government bodies, must not only refrain from discriminating but they must also have policies and procedures in place that proactively remove barriers to employment and reduce discrimination.

109 Examples of discharging the positive duty include having inclusive recruitment practices and processes in place, implementing ‘special measures’ roles or prioritised positions, conducting customer satisfaction surveys about the use of a good or service, auditing organisational policies and practices to ensure access and inclusion is embedded in core business, and implementing a Disability Action Plan to ensure a critical and strategic eye is applied to what an organisation is doing to reduce barriers, promote inclusion, change attitudes and practices and improve outcomes for people with disability.54

https://www.humanrights.vic.gov.au/for-individuals/discrimination.

51 State of Victoria (2021), Victorian Government response to the Employment issues paper, Melbourne: State of Victoria.

https://www.humanrights. vic. gov.au/for-individuals/discrimination. 53 State of Victoria, Victorian Government response to the Rights and attitudes issues paper. 54 For further information on positive duty and resources for organisations, visit Victorian Equal Opportunity and

SUB.100.02450_02_0033

VIC.0017.0500.0033

into Violence, Abuse, Neglect and Exploitation of People with Disability 33

110 A positive duty requires organisations to take action to be inclusive rather than placing the

responsibility on people with disability or waiting for people with disability to make a complaint in order to facilitate change.

Recommendation 3

Other jurisdictions consider adopting or amending their legislation to incorporate a positive duty on public sector bodies to promote and report on inclusion of people with disability.

1.2.2 Embed supported decision-making in legislation and invest in

implementation

111 All people have an equal right to make decisions that affect their lives. Sometimes people

112

113

114

make decisions independently, while at other times, people may require support to make decisions. However, as the Royal Commission has heard, some people with disability, particularly people with cognitive disability, can face barriers to exercising their right to make decisions about their lives. The level of decision-making support that a person requires can fluctuate over time and be influenced by social, cultural and environmental factors. A person may need support to make some decisions, but not others. In addition, individual decision making may be less familiar in some CALD communities and people may require additional assistance to access supports, including access to interpreters.

Supported decision-making is the preferred approach which upholds the right of all people to make decisions by ensuring that where required, people can access decision-making supports.°> When a person who requires assistance when making decisions, is not properly supported, the decisions that are made (including decisions made on their behalf) often do not recognise the person’s rights and freedoms. The decisions may be founded on the decision maker’s view of the best interests of the person, not reflective of the person’s own will and preference.

Supported decision-making can increase individual confidence, improve decision-making skills, strengthen natural support networks, and improve engagement with the community.°® Supports can include both informal and formal support arrangements, such as the nomination of a trusted person to assist a person to make decisions; capacity building supports, such as access to peer support and self-advocacy skill building; and functional supports, such as assistance with communication or expressing will and preferences.

The National Decision-Making Principles and Guidelines*’ provide an evidence-based model for guiding reform to relevant laws. The principles were developed to promote a consistent conceptual overlay across Commonwealth, state and territory laws for supporting decision making. They reflect the paradigm shift signalled in the CRPD that recognises people with disability as equal persons before the law and the importance of ensuring that individuals’ will

of Law and Psychiatry, 38, 61-67, pp 1-2. https://doi.org/10.1016/.ijlp.2015.01.008.

56 South Australian Office of the Public Advocate (2012), Annual Report 2012, Adelaide: Office of the Public Advocate.

Australia. Viewed 10 June 2022, https:/Avww.alrc.gov.au/publication/equality-capacity-and-disability-in commonwealth-laws-alrc-report-124/3-national-decision-making-principles-2/national-decision-making-principles-2.

SUB.100.02450_02_0034

VIC.0017 .0500.0034

into Violence, Abuse, Neglect and Exploitation of People with Disability 34

and preferences are prioritised in decision-making, and in decisions that others may make on their behalf. 115 The four National Decision-Making Principles are of general application and include:

• Principle 1: The equal right to make decisions. All adults have an equal right to make decisions that affect their lives and to have those decisions respected.

• Principle 2: Support. Persons who require support in decision-making must be provided with access to the support necessary for them to make, communicate and participate in decisions that affect their lives.

• Principle 3: Will, preference and rights. The will, preferences and rights of persons who may require decision-making support must direct decisions that affect their lives.

• Principle 4: Safeguards. Laws and legal frameworks must contain appropriate and effective safeguards in relation to interventions for persons who may require decision­ making support, including to prevent abuse and undue influence. 116 The Victorian Government has adopted the National Decision-Making Principles and embedded them in legislation, including the Guardianship and Administration Act 2019 (Vic), the Medical Treatment Planning and Decisions Act 2016 (Vic), the Mental Health Act 2014 (Vic), and the Powers of Attorney Act 2014 (Vic). The National Decision-Making Principles are also reflected in the new Mental Health and Wellbeing Act that has been developed, following the Royal Commission into Victoria’s Mental Health System and will come into effect in September 2023. 117 The Guardianship and Administration Act 2019 (Vic) also specifically provides that powers, functions and duties under the Act should be exercised in a way that is the least restrictive of the ability of a person with a disability to decide and act as is possible in the circumstances. 58 Guardianship and administration orders should be used as a last resort where there is no alternative to protect and promote the human rights of an adult with disability. These types of decision-making mechanisms should not be used for purely administrative reasons such as to increase the ease or ability of a person with a disability to access services. 118 A consistent approach is required across Australia to ensure that everyone is treated with dignity and respect, and to ensure that services that the Commonwealth Government provides in Victoria are consistent in supporting people’s decision-making capacity. This includes the NDIS and its services, aged care services and family law.59

Recommendation 4

All jurisdictions..          should reform legislation and legal frameworks concerning individual decision­  making to align with the Australian Law Reform Commission's National, Decision-Making

. ,. Principles and guidelines. For example, guardianship, medical treatment and mental health laws.

58 Guardianship and Administration Act 2019 (Vic), s(8)(1)(c). 59 State of Victoria, Victorian Government response to the Rights and attitudes issues paper.

SUB.100.02450_02_0035

VIC.0017.0500.0035

into Violence, Abuse, Neglect and Exploitation of People with Disability 35

1.2.3 Supported decision-making under the NDIS

119 The Victorian Government welcomes the National Disability Insurance Agency’s (NDIA) commitment to developing a ‘support for decision making’ policy that will help guide how NDIS participants are supported to make decisions.© The support for decision-making policy needs to be backed by increased NDIA investment in decision-making tools, resources, information, volunteer support and capacity building initiatives for NDIS participants, decision-supporters, NDIA planners and support coordinators.

120 The right of people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports is foundational to the design of the NDIS.*’ However, enlivening choice and control requires NDIS participants and their supporters to have access to information to make informed decisions, understand what supports are available, and how to access such supports.®

121 Access to decision-making supports is particularly important for people with cognitive disability and people with complex communication support needs. People with those needs may benefit from ongoing capacity building supports to develop their skills to make big and small decisions and express their will and preferences.®? The NDIA’s support for decision-making policy should promote access to decision-making supports and more accessible information, such as plain English style information, on accessing those supports. Independent supports should be made available where decision-making may be compromised in the context of family violence, including elder abuse, where a victim survivor’s ability to make decisions is being limited or completely removed by a perpetrator.

122 Particular consideration should be given to supporting CALD communities and newly arrived migrant communities (e.g., refugee and humanitarian entrants), particularly those with little to no English capability, to access relevant information. It is also important to ensure the NDIA is culturally accessible and safe for participants and their communities.

123 Capacity building for paid and informal decision-supporters is also critical to upholding decision-making rights. Implementation of the NDIA’s support for decision-making policy should consider how to ensure that decision-supporters can access high-quality resources, tools, and capacity-building training to promote best practice. For example, decision supporters should have access to resources to help them support a participant to make a decision about accessing disability supports when they are subject to restrictive conditions under a criminal order. This is particularly relevant when the NDIS participant poses a risk to the community.

124 Development of the NDIA’s support for decision-making policy is also an opportunity to consider whether and how NDIS participants should be able to purchase decision-making supports through their NDIS plans.

ies si cae sda ccce eens sevens cess scsteceennees teteues hee enen sate eat!

Fa aoa oer closet «laste wiateiata sTapualoretelnisie WA Tu/sinralueneivicre eoreg?

OPA. Viewed 26 April 2022, https://www.publicadvocate.vic.gov.au/joomlatools-files/docman files/general/Supported_Decision_Making_in_Victoria.pdf.

SUB.100.02450_02_0036

VIC.0017 .0500.0036

into Violence, Abuse, Neglect and Exploitation of People with Disability 36

1.3 Strengthening the national disability advocacy sector

1.3.1 Fund national disability advocacy at a level commensurate with increased demand 125 Access to advocacy is a critical safeguard against violence, abuse, neglect and exploitation of people with disability. 126 Advocacy services help people with disability to understand their rights and support them to ensure those rights are upheld. Advocacy is a crucial mechanism for addressing individual instances of discrimination and harm and systemic issues that perpetuate discrimination and harm. Individual and self advocacy can support people to recognise and seek help when they experience violence and abuse, understand, and exercise their rights, and navigate complex systems such as the NDIS and mainstream services. Without adequate and targeted advocacy and capacity building supports, people with disability may not be aware of, or easily able to engage with the NDIS or other mainstream services, resulting in poorer outcomes. 127 Commonwealth Government funding of self-advocacy could build on Victoria’s approach to establishing and funding the Self Advocacy Resource Unit (SARU). As noted in the Victorian Government response to the Rights and attitudes issues paper, 64 SARU was established to resource and expand Victoria’s self-advocacy sector by providing support to groups that are run by and for people with intellectual disability, people with an acquired brain injury, and people with complex communication support needs. 128 However, implementation of the NDIS has significantly increased demand and pressure on disability advocacy services. Greater clarity is required around the impact of the NDIS on demand for disability advocacy services and how this will inform shared funding arrangements that will flow from the new National Disability Advocacy Framework (NDAF). 129 In 2017-20, NDIS related advocacy work accounted for 34.5 per cent of all Commonwealth Government funded NDAP sessions and the number of people receiving advocacy support increased by 16 per cent between 2012 and 2018. 130 Organisations funded through the Victorian Disability Advocacy Program (VDAP) report similar demands on their services due to the NDIS, consistently ranking the NDIS as one of the most common reasons for service users seeking their support and education. 131 The Victorian Government has provided additional funding to meet the increased demand. Agencies funded under the VDAP received a 25 per cent increase in core funding in 2018-19 and 2019-20. This was further increased to 40 per cent for six months in 2020 to support agencies to respond to the increase in demand due to the coronavirus (COVID-19) health emergency. In 2021-22, the Victorian Government invested a further $1.7 million in VDAP services to increase service access. In 2022-23 the Victorian Government invested a further $1.8 million in VDAP services to increase service access. 132 Alongside individual and self-advocacy, Disability Representative Organisations run by and for people with disability continue to play a vital role in ensuring that the voices and views of people with disability, in all their diversity, help inform the development of government policy and reforms. Systemic advocacy organisations must be sufficiently and sustainably funded to continue engaging in this work.

64 State of Victoria, Victorian Government response to the Rights and attitudes issues paper, p 37.

SUB.100.02450_02_0037

VIC.0017.0500.0037

into Violence, Abuse, Neglect and Exploitation of People with Disability 37

133 National advocacy funding must be underpinned by an intersectional approach and be responsive to the diverse needs of people with disability. This means funding a range of general and targeted advocacy services, including self-advocacy supports. It means recognising that a ‘one size fits all’ approach to funding advocacy services does not work for many people with disability, particularly where their experiences of disability and ableism intersect with other experiences of marginalisation and inequality.

134 For example, to develop a more inclusive framework for LGBTIQ+ people with disability, the Victorian Government provided funding in 2021 to establish Inclusive Rainbow Voices (IRV) to provide policy guidance, training and research focussed purely on LGBTIQ+ Victorians with disability.

135 Peer and advocacy networks such as IRV require increased funding and promotion, particularly because a large number of disability services are provided by organisations that have a history of, or currently are faith based, which LGBTIQ+ Victorians with disability have often been or felt excluded from. Further initiatives like IRV are needed to recognise and address the compounding disadvantage experienced by people with multiple factors of discrimination.

Recommendation 5

The Commonwealth Government should fund the National Disability Advocacy Program at a level commensurate with demand driven by NDIS. This includes funding a range of general and targeted advocacy services, including self-advocacy supports and initiatives that take an intersectional approach. Increased Commonwealth Government funding should be prioritised for disability advocacy organisations run by and for people with disability to support systemic advocacy and to build organisational capacity.

1.3.2 Ensure national disability advocacy funding is responsive to diversity and underpinned by an intersectional approach

136 Commonwealth Government reforms of the NDAP provide an opportunity to pivot to a more intersectional approach to advocacy funding and embed a greater focus on outcomes measurement. These reforms could build on work underway in Victoria, outlined in Inclusive Victoria. A greater focus on outcomes measurement has also been applied in other Victorian Government strategies, such as Burra Lotjoa Dunguludja® which takes an outcomes approach to identify what the most important changes are, whether they are being achieved, and what success will look like. It allows for more flexible and tailored responses, development of additional actions, and greater community input over time.

137 The NDAP reforms are set to be driven through the new NDAF. The NDAF’s primary objective is to allow governments to work towards the alignment of advocacy services and standards to improve outcomes and access for people with disability.©° This work will be driven through

https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/national-disability-advocacy program/national-disability-advocacy-framework.

SUB.100.02450_02_0038

VIC.0017 .0500.0038

into Violence, Abuse, Neglect and Exploitation of People with Disability 38

bilateral discussion with the states and territories. The Victorian Government’s position is to seek alignment between VDAP and NDAP wherever possible. 138 Like all population groups, people with disability, including children and young people, are an intrinsically diverse population and can experience intersecting forms of disadvantage. Applying an intersectional approach to advocacy reforms requires identifying and addressing gaps in specialist advocacy supports for underserved regions and populations (for example, Aboriginal people, people from CALO backgrounds, older people, LGBTIQ+ people, children and young people who are in vulnerable situations, people with complex support needs and people in complex situations). It requires an understanding of the holistic circumstances of individuals to better identify and cater to their specific needs. It also means ensuring that mainstream advocacy services are equipped and capable of responding effectively to people with disability experiencing intersecting forms of disadvantage. For example, access to advocacy for younger people living in, or at risk of entering residential aged care is critical to ensuring they can navigate the complicated interfaces between the health care, aged care and disability services systems. 139 Reforms to the NDAP provide an opportunity to co-design reforms with people with disability and their representative organisations. Co-design from the start will help ensure that the reformed NDAP effectively meets the diverse needs of people with disability and their communities. 140 Under Inclusive Victoria, the Victorian Government committed to ensuring all Victorians have equal rights and to challenge discrimination through access to a thriving disability advocacy sector led by and for people with disability. Inclusive Victoria outlines actions that will help deliver on this commitment. These actions include finalising and implementing a new outcomes framework for the VDAP. The framework will help build a more substantial evidence-base and guide future program direction to maximise its impact and reach. 141 Inclusive Victoria commits the Victorian Government to addressing the intersection of ableism with other forms of structural discrimination and disadvantage across all government policies, programs and services. This includes building capacity and a framework to embed Aboriginal cultural safety and intersectional approaches in policy and program development across government, including funding of disability advocacy. 142 The Victoria Government strongly supports national policy and funding reform to support a sustainable, effective, and diverse advocacy sector. The Victoria Government’s ongoing work to build the sustainability of Victorian advocacy services and finalise an outcomes framework for monitoring and reporting could provide a guide for national reforms. The Victorian Government would be happy to provide updates on the implementation of the framework as they become available.

Recommendation 6 Commonwealth Government reforms to the National Disability Advocacy Program should be underpinned by an intersectional approach and an effective outcomes measurement framework.

SUB.100.02450_02_0039

VIC.0017.0500.0039

into Violence, Abuse, Neglect and Exploitation of People with Disability 39

1.3.3 Ensure the Advocacy Program meets the need for legal assistance for appeals, discrimination and capability building

143 The Victorian Government is committed to pursuing the goals of inclusion and empowerment of people with disability and their human rights. Legal assistance is an essential component of empowerment to enable people with disability to have their rights recognised and enforced.

144 Legal assistance providers, disability advocacy services and people with disability report

unmet legal need when negotiating the NDIS service system and when facing discrimination. 67

145 While the NDIS Appeals program® provides some access to legal assistance, concerns have been raised about whether there is sufficient support for legal assistance in the administrative or legal review of decisions made under the NDIS, particularly when bringing matters for review by the Administrative Appeals Tribunal (AAT).©? While not necessary in most cases, review or appeal can have beneficial outcomes for an individual person with disability, including the exercise of their legal right to the review itself, but also where the outcome results in improved supports awarded or reconsidered. This is not possible without legal assistance.

146 The Victorian Government welcomes the recent commitment made by Disability Ministers to address the high numbers of NDIS cases going to the AAT and to work together to develop alternative dispute resolution options.”°

147 Strong connections between NDIS advocacy providers, self-advocacy and legal assistance providers enable cross-referrals and capability building. These connections are critical to ensuring individuals with disability are informed and have agency to make decisions about

87 Regarding discrimination, the Legal Australia-Wide Survey report (2012) notes the high incidence of legal problems for people with disability and higher rates of inaction for certain problems, including discrimination. Regarding the NDIS, the number of participants in the National Disability Insurance Scheme (NDIS) has increased from 30,000 in 2015-2016 to almost 400,000 in 2019-2020. Applications to the AAT have increased from 215 in 2017/2018 to 2160 in 2020/2021. In the first six months of the 2021/2022 financial year a further 2000 applications were lodged with the AAT. Approximately 362 applications were received by Legal Aid Commissions for ongoing legal representation for NDIS appeals in July 2021 through to the end of October 2021, a period of four months. In contrast, a total of 476 applications were received for the whole 2020-21 year. For further information, refer to the

https://www.dss.gov.au/disability-and-carers/programs-services/for-people-with-disability/ndis-appeals. 89 Some concems have been publicly raised, for example: e ABC News, ‘Government agency accused of being ‘at war with those it should be supporting’ as appeals against

double-20220422-p5afew.html.

¢ At Public Hearing 18, the Royal Commission heard from Frances Quan Farrant from People with Disability

Australia: Ms Quan Farrant: ‘Yes, and just to elaborate on advocacy and the right to representation, | mentioned

earlier that our advocates are working at full case loads and we also do NDIS appeals, and we have a backlog of NDIS appeals. I’m sure you are aware of that, with the AAT. It is a David and Goliath battle for a person with

A

s https://disability.royalcommission.gov.au/publications/public-hearing-18-human-rights-people-disability-and making-convention-rights-persons-disabilities-reality-australian-law-policies-and-practices-virtual-day-1.

SUB.100.02450_02_0040

VIC.0017 .0500.0040

into Violence, Abuse, Neglect and Exploitation of People with Disability 40

their own rights and options to pursue them, should they choose to. Capability building can include relationship building, training, reference materials, and support for systemic advocacy on law or system reform. 148 The Commission’s hearings have highlighted the discrimination faced by people with disability in a range of areas, including accommodation, community and health services, schools and workplaces. Disability discrimination matters are often highly complex. Unrepresented litigants are at a distinct disadvantage, with the respondent often having significantly greater resources and access to expert legal advice. Investigating the level of unmet legal need in relation to disability discrimination and considering options to address this (including education, advocacy and legal assistance) would support empowerment of people with disability. 149 Discrimination is a specialist area of law, and it is important any expert legal advice and assistance is well integrated, ensuring referrals to other services, agencies and regulators, including non-legal support services, such as counselling and non-legal advocacy services. The service model should recognise that the impacts of discrimination extend beyond the immediate legal issue to the emotional and psychological impact and can compound other issues for an individual.

Recommendation 7 The Commonwealth Government should review the legal assistance■ needs of people with disability, particularly■ in relation to:

• the NDIS Advocacy Program, for review of NOIA decisions, including by the Administrative

Appeals Tribunal

• discrimination against people with disability
• consider the need for capability building across the advocacy and legal assistance streams of the NDIS Advocacy program.

SUB.100.02450_02_0041

VIC.0017.0500.0041

into Violence, Abuse, Neglect and Exploitation of People with Disability 41

2 Domain 2: Promoting inclusive communities

150 The Victorian Government is committed to building genuine inclusion of people with disability. Through Inclusive Victoria, Victoria is taking the lead in promoting equitable opportunity and outcomes for all people. Creating enabling environments and changing negative attitudes are fundamental to building an inclusive society. An inclusive community has benefits for all people and is an essential safeguard against violence, abuse, neglect and exploitation of people with disability.

151 More work is required to ensure that people with disability are supported to enhance their natural supports. The NDIS Information, Linkages and Capacity Building (ILC) program has an essential role in supporting people to develop natural supports and strengthening links between people with disability and their communities.”’ Access to the services, activities and community life provided by local government authorities offers enormous potential to increase people’s sense of inclusion and participation. However, as noted in Section 2.1.2: not been implemented as envisaged and has not been effective in supporting mainstream services and communities to enable better access and participation.

152 People with disability also face systemic barriers to employment, resulting in underrepresentation in the workforce. Increasing opportunities for economic participation and improving the financial security of people with disability is key to building inclusion. New ideas and approaches are needed to increase the employment rates of people with disability and, Critically, lift many out of poverty. The Victorian Government continues to drive this work through Inclusive Victoria, Getting to work: Victorian public sector disability employment action plan 2018-2025 (Getting to work),’? the Victorian Social Procurement Framework,” and employment initiatives delivered by the Department of Jobs, Precincts and Regions.”

153 The Victorian Government welcomes the Commonwealth Government’s long-term commitment to improving employment opportunities for people with disability, signalled by the new disability employment strategy, Employ My Ability, Disability Employment Strategy (Employ My Ability).’”° Employ My Ability could be strengthened by including new ideas and approaches based on research and shared learning.

https://www.dss.gov.au/disability-and-carers-programs-services-for-people-with-disability-information-linkages-and capacity-building-ilc/information-linkages-and-capacity-building-policy-framework.

https://vpsc.vic.gov.au/resources/disability-employment-action-plan.

*3 Department of Economic Development, Jobs, Transport and Resources (State of Victoria) (DEDJTR), Social Procurement.Framework, Melbourne: State of Victoria. Viewed 9 May 2022, https:/Awww.buyingfor.vic.gov.au/social procurement-framework.

“4 Examples of employment initiatives delivered by Department of Jobs, Precincts and Regions (DJPR) include Jobs

Victoria Mentors, Jobs Victoria Advocates, Career Counsellors, Impact 21, the Youth Employment Scheme and the

*5 Commonwealth of Australia, Employ My Ability — Disability Employment Strategy, Canberra: Commonwealth of

Australia. Viewed 9 May 2022, https://www.dss.gov.au/employ-my-ability.

SUB.100.02450_02_0042

VIC.0017 .0500.0042

into Violence, Abuse, Neglect and Exploitation of People with Disability 42

154 The COVID-19 pandemic has exposed high levels of digital exclusion and disadvantage. The benefits of digital technologies are not equally shared, which compounds disadvantage. There is also a widening gap between those who are digitally included, and those who are not. Groups who experience economic and social exclusion are also more likely to experience digital exclusion. People with disability are among the groups identified by the Australian Digital Inclusion Index as digitally excluded. 155 National leadership is required to drive disability inclusion, improve economic participation, and change community attitudes on a national scale. Aligning inclusion and attitudinal change activities across jurisdictions is critical to achieving these goals. Continued investment and collaborative work to address systemic issues such as ableism, exclusion and issues at the interface between systems must be central to this work. 156 In this section, the Victorian Government outlines a range of strategies to create a more inclusive and accessible society for people with disability across a range of domains, including:

• strengthening natural supports
• building connections between people, their communities, and services
• promoting participation in sport, active recreation and the creative industries
• increasing economic participation
• supporting access to educational participation and social housing
• promoting positive community attitudes. 2.1 Strengthening inclusion and building individual and community capacity

2.1.1 Strengthening natural supports 157 Natural supports, also known as informal supports, such as a supportive network of family and friends, and being included within the community, play an essential role in ensuring people with disability can exercise choice and control. Natural supports are also an important supplement.• to formal safeguards and oversight provided by public services and systems. 158 However, some people with disability are not well connected with family, friends and other natural supports or may have limited experience in engaging with NDIS planners and service providers, identifying their goals and aspirations, and exercising choice and control. Without the protections offered by natural support networks, people with disability are at increased risk of experiencing violence, abuse, neglect and exploitation. 159 In particular, newly arrived refugees and other humanitarian entrants may have very limited informal support networks. Further support and early intervention are critical to ensure people are connected with appropriate community support networks and timely access to information and services.

SUB.100.02450_02_0043

VIC.0017.0500.0043

into Violence, Abuse, Neglect and Exploitation of People with Disability 43

160

161

162

163

164

165

The Royal Commission has heard of the need for strategies to support people with disability to enhance their natural supports.’® Suggested strategies have included:

¢ capacity building for people with disability to help them protect themselves ¢ mechanisms to promote participation and visibility in the community

e mechanisms that help people develop friendship networks, build social connections, and access peer support as being some of the most effective strategies

e¢ models such as circles of support for relationship building outside paid support workers ¢ more accessible advocacy supports.

The Victorian Government is currently taking advice from its Autism Plan Advisory Group (Advisory Group) on how it can refresh elements of its five-year Victorian autism plan. A key theme to emerge from this engagement is that peer-to-peer supports are viewed as increasingly important by autistic people and their families and support networks.

Many autistic people receive services and supports that have the aim of building skills and behaviours that allow for more normative interactions. A primary value of such peer supports is in providing a space for autistic people to enjoy and celebrate their shared but diverse experience as autistic and to build networks in which they can experience pride and wellbeing. Advisory Group members have noted the importance of establishing an evidence base about the value of such peer-to-peer activities in promoting good mental health and better long-term outcomes.

Strong natural supports enhance wellbeing and reduce reliance on formal safeguards. For example, we know that people who have natural supports can more easily navigate entry to the NDIS, implement their NDIS plans, and often achieve better outcomes than those who do not have those supports.’” Being informed, empowered and connected to community is a powerful safeguard against violence, abuse, neglect and exploitation.

The NDIA needs to consider how NDIS planning and coordination processes can be enhanced to better support people with disability, their families and carers to identify and strengthen natural supports, including by supporting people to develop relationships with their communities and mainstream services. Building of natural supports also needs to be incorporated into NDIS plans. This is particularly critical for people with disability who do not

guidance.

Additionally, planning processes must recognise that strengthening natural supports and community participation is only possible where people’s basic needs are met — such as access to appropriate housing, personal care support, mobility assistance and carer respite. Where these needs are not being met, formal strategies and supports may be required in the short and immediate term to manage risk while individuals are supported to develop more robust natural safeguards.

76 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2021), Overview of responses to the Safeguards and quality Issues paper, Sydney: Royal Commission. Viewed 2 May 2022, https://disability.royalcommission.gov.au/publications/safeguards-and-quality.

https://www.dss.gov.au/disability-and-carers-programs-services-for-people-with-disability-national-disability insurance-scheme/review-of-the-ndis-act-report.

SUB.100.02450_02_0044

VIC.0017 .0500.0044

into Violence, Abuse, Neglect and Exploitation of People with Disability 44

Strengthening Local Area Coordination

166 The original design of the NDIS included Local Area Coordinators (LACs) supporting people with disability to build natural supports. However, the NOIA continues to rely on LACs to facilitate NDIS access and support participant planning activities. This reprioritisation has impacted their capacity to support the local establishment and development of connections to community groups and services, resulting in less focus on supporting the growth of natural supports for people with disability. 167 There is also a need to consider how system-wide quality and safeguards initiatives might enhance natural supports, including by ensuring adequate access to self-advocacy and advocacy support for people with disability (also see $_ l_9_ti9_r:,J..d__: $.trengthenJngJhe.n.f_tj9ng! hjijP.[l_i_ty_ghkQfjfY..l?.l_9_t9r).

Promoting participation in mainstream services and local community groups 168 All governments, particularly state and territory and local governments, have a role in ensuring that both mainstream and local services provide an accessible and inclusive environment that supports and promotes the participation of people with disability, and strengthens social ties and connections. 169 Inclusive Victoria outlines the Victorian Government’s approach for providing inclusive, accessible and safe mainstream and local services. The transformative package of reforms prioritises building inclusive communities, with a focus on strengthening outcomes for people with disability in their social connections with others, inclusion in the community, accessible public transport and spaces, and increased mobility. 170 The Victorian Government’s investment of $15.1 million through the 2022-23 Victorian State budget will support delivery of Inclusive Victoria’s landmark disability inclusion reforms. This includes funding to:

• increase access to advocacy services through an additional $1.8 million investment

• continue the Changing Places program for 20 Changing Places facilities and expand the program with 10 new Changing Places facilities (at popular tourism locations)

• establish a universal design grants program to improve the accessibility of community facilities

• continue the Disability Liaison Officer program to improve access to health services

• deliver the next phase of the ‘Change your Reactions’ autism public education campaign. 171 Other Victorian Government investment to improve the accessibility of Victorian services and communities includes:

• $16.534 million in 2022-23 and $35.903 million over two years to provide effective and timely support to respond to Victorians with disability who are not eligible for the NDIS and to ensure Victoria’s mainstream service systems can respond to the needs of NDIS participants

• $157 million for a major package of works to improve the accessibility of train station stops across Victoria.

SUB.100.02450_02_0045

VIC.0017.0500.0045

into Violence, Abuse, Neglect and Exploitation of People with Disability 45

Recommendation 8

The NDIA should prioritise the critically important role of LACs in supporting people to build natural supports and connections with their community and to access community groups and services.

2.1.2 Strengthening the Information, Linkages and Capacity Building program

172 Building genuine inclusion, individual and community capacity, and strengthening the links between people with disability, mainstream services and their communities, is critical to reducing violence, abuse, neglect and exploitation of people with disability. A more joined-up, long-term approach to delivering the ILC program could leverage existing investment across all jurisdictions and provide the impetus for implementing disability inclusion plans across Australia.

173 The ILC is a vital component of the NDIS model.”8 It was designed to build the capacity of all people with disability, their families and carers by improving access to information, linkages and referrals to NDIS, community, and mainstream supports. The ILC was also designed to build the capacity of communities and mainstream services in disability inclusion. It was intended that strategic investment across the community would maximise the value of state and territories’ investment in the NDIS by increasing capacity across the community and mainstream services. In turn, this would reduce reliance on funded NDIS supports. Importantly, the ILC was designed to fund supports not tied to individually funded NDIS plans or NDIS eligibility. ”°

174 However, the ILC has not delivered on this vision. The Commonwealth Government’s approach to funding ILC grants is not fit-for-purpose and is not delivering outcomes.®° Key issues include:

e insufficient focus on strategic investment aligned to delivering intended outcomes and a lack of transparency in the assessment and allocation of grant funding

¢ no systematic analysis of investments to inform scalability and transferability of good practice and successful initiatives

e lack of a targeted approach to investment in priority areas and reducing duplication of existing services and supports

¢ an inequitable funding model and use of alternative commissioning arrangements aside from grants

e poor governance arrangements with little communication of impact and outcomes from investment

e service gaps that result in poorer outcomes for people with disability (e.g., lack of accessible information for highly marginalised and more at-risk populations)

Commonwealth of Australia. Viewed 27 April 2022, https://Awww.dss.gov.au/disability-and-carers-programs-services for-people-with-disability-information-linkages-and-capacity-building-ilc/summary-review-of-the-ilc-program-and-next steps-march-2021.

80 Wilson, E., et al. (2021). Overview of results: Informing investment design, ILC Research Activity, Hawthorn: Centre for Social Impact, Swinburne University of Technology.

SUB.100.02450_02_0046

VIC.0017 .0500.0046

into Violence, Abuse, Neglect and Exploitation of People with Disability 46

• LACs and Early Childhood Partners cannot deliver community capacity building and linkages due to the NDIA’s prioritisation of planning functions. 175 The Commonwealth Government is reviewing ILC and intends to develop a new ILC Investment Strategy which offers the opportunity to strengthen ILC in several areas. The development of a multilaterally agreed ILC investment strategy, informed by the Commonwealth Government’s review of the program, views of the sector, communities, and the experiences of people with disability, their families and carers, would help create better inclusion outcomes. An enhanced investment strategy might start with moving away from reliance on short-term ILC grants which undermines the capacity of grant recipients to deliver long-term outcomes. Prioritising long-term funding of evidence-based capacity building initiatives would better align with the strategic intent of the ILC. 176 People with disability are best placed to advise on their needs and the barriers they face. A reformed ILC should embed the disability rights principle of ’Nothing about us without us.’81 It can do this by incorporating a greater focus on co-design, delivery and evaluation of outcomes with people with disability. 177 States and territories should have a more direct role in the governance of the ILC in regard to setting the strategic direction and oversight of system level outcomes. The ILC will be more effective where it aligns with state and disability strategic priorities, including state disability plans, such as Inclusive Victoria. As a co-funder of the scheme, states and territories should have more influence on setting the direction and investment priorities of the program to date. 178 The Victorian Government welcomes the DRMs commitment to work together to review the NDIS, and affirms that measuring the long-term outcomes of investment in ILC and public reporting of outcomes would increase transparency and trust, and support positive action. The design and measurement of outcomes across the four ILC program areas (Individual Capacity

Building; National Information Program; Economic and Community Participation; Mainstream

Capacity Building) should also be informed by the CRPD. 179 Finally, the ILC should increase investment in capacity building initiatives responsive to intersectional disadvantage, disability and cultural diversity. For example, initiatives could focus more on supporting Aboriginal self-determination or on building the capacity of mainstream services to respond to the unique barriers faced by people with disability from CALO backgrounds (such as lack of awareness about available services and lack of information in community languages).

81 James Charlton who authored a book by this same title, the term ‘Nothing About Us Without Us,’ expresses the conviction of people with disabilities that they know what is best for them. This mantra became the rallying call for the United Nations Convention on the Rights of Persons with Disabilities.

SUB.100.02450_02_0047

VIC.0017.0500.0047

into Violence, Abuse, Neglect and Exploitation of People with Disability 47

Recommendation 9

The Commonwealth Government should work with states and territories to reform and realign the NDIS Information, Linkages and Capacity Building program. Reforms should:

e prioritise long-term funding for individual and community capacity building initiatives

¢ strengthen governance arrangements to create a stronger role for jurisdictions in setting the strategic direction of the program, aligned to state and disability strategic priorities, including state disability plans

e focus on co-design, delivery and evaluation of funded initiatives

¢ prioritise initiatives that are responsive to disability and cultural diversity.

2.1.3. Promoting inclusion and participation of people with disability in sport and active recreation

180 Amore collaborative and coordinated national approach is needed to develop and promote opportunities for people with disability to participate in sport and active recreation.

181 Investment in sport and active recreation benefits the whole community. Individual participation programs have demonstrated social return on investment value, ranging from $4 for every $1 spent,®* to $8 for every $1 spent.®

182 Participating in sport and active recreation provides health and wellbeing benefits and helps to promote inclusion, a sense of belonging and increased self-esteem. Participation also provides opportunities for people with disability to build their social and natural support

networks are protective factors against violence, abuse, neglect, and exploitation.

183 Given the benefits that participation can provide, it is concerning that people with disability remain underrepresented in sport and active recreation. Twenty-four per cent of people with disability participate in sport and active recreation, compared with 79 per cent of the broader Victorian population.®5

Develop a national approach to promoting participation in sport and active recreation

184 A national approach is needed to provide better leadership, more directed and coordinated implementation of inclusion policy, and to support improved participation outcomes for people with disability.

Viewed 3 June 2022, https://www.latrobe.edu.au/__data/assets/pdf_file/0010/742528/Latrobe_Value-of-a Community-Football-Club_summary_FINAL.pdf.

https://reclink.org/sites/default/files/Reclink%20Australia%20%20Social%20Value%200f%20a%20Reclink%20Struct ured%20Sports%20Program%20%28February%202017%29.pdf.

June 2022, https://sport.vic.gov.au/__data/assets/pdf_file/0030/155685/Value-of-Community-Sport-Infrastructure FINAL-REPORT.pdf.

https://sport.vic.gov.au/__data/assets/pdf_file/0018/55602/download.pdf.

SUB.100.02450_02_0048

VIC.0017.0500.0048

into Violence, Abuse, Neglect and Exploitation of People with Disability 48

185 Sport Australia®® supported the establishment of the Australian Sporting Alliance for People with Disability (ASAPD).®? ASAPD brings together Australia’s nine national sporting organisations for people with a disability. ASAPD was established to better serve the disability sport sector; however, there is no national framework to address the underrepresentation of people with disability in sport and recreation.

186 A first step in developing a national approach could be the establishment of a National Sport and Active Recreation Equity and Inclusion Network comprised of Commonwealth, state and territory government counterparts. A national network could help:

¢ support better sharing of information and learning across jurisdictions

¢ leverage funding relationships with national sporting organisations and other national bodies

e develop national resources for use by sport and active recreation bodies ¢ coordinate inclusion and participation initiatives across jurisdictions

¢ promote a national focus on responding to intersectional disadvantage and cultural diversity.

Leverage national mechanisms and resources

187 A national approach to promoting participation in community life through sport and active recreation should leverage and strengthen existing national mechanisms and resources.

188 The current review of ILC is an opportunity to embed a greater focus on building the capacity of organisations to support people with disability to participate in sport and active recreation and also promote and build on existing resources, such as Disability Sport and Recreation’s NDIS Sports Guide.** The guide provides information on sport and active recreation activities available to NDIS participants in Victoria.

189 Ensuring people with disability can access information about accessible sport and active recreation opportunities is vital to improving participation rates. Several online resources exist (see next paragraph) but are not centralised or connected, making it challenging for people to find and navigate the resources.

190 The Victorian Government’s Access for All Abilities Play (AAA Play) service®? helps promote accessible offerings and connects people with disability to sport and active recreation opportunities in their local area. Findings from an internal review in 2019 indicate that over 30 per cent of users tried a new activity because of using AAA Play. Embedding AAA Play in the Commonwealth Government’s Disability Gateway® and replicating it across other jurisdictions and linking the Disability Gateway to the NDIS-funded Allplay platform®’ could support people

86 The Australian Sports Commission (Sport Australia) is the Commonwealth Government agency responsible for

https://www.sportaus.gov.au/sport-industry/edm_resources/australian-sporting-alliance-for-people-with-disability asapd.

91 Allplay provides resources parents, teachers, coaches, carers and health professionals on strengths-based and evidence-based resources and information to support children with disability to fully participate at school and in the

SUB.100.02450_02_0049

VIC.0017.0500.0049

into Violence, Abuse, Neglect and Exploitation of People with Disability 49

with disability and their supporters more easily access sport and active recreation opportunities.

Enhance employment outcomes for people with disability in the sport and active recreation sector

191 Creating more opportunities for people with disability to be employed in the sport and active recreation sector, including in leadership roles, is key to building genuine inclusion.

192 All jurisdictions should work with national sporting organisations to facilitate employer training and promote the employment of people with disability in the sport and active recreation sector. This work could build on successful initiatives such as Disability Sport and Recreation’s Seeing capability before disability — a guide for employers.°? This resource supports mainstream sport and active recreation organisations seeking to create inclusive employment and leadership opportunities for women with disability. An example from the Guide highlights an employment initiative at Richmond Football Club and further employment opportunities have been provided through the Working for Victoria Program®? and the Access all Abilities Grant Program (2021-23) — Sport and Recreation Victoria.

Recommendation 10

The Commonwealth Government should collaborate with all jurisdictions to lead development of a coordinated national approach to promoting inclusive and accessible sport and active recreation, and participation of people with disability. This should include:

e establishing a national sport and recreation equity and inclusion network e leveraging national mechanisms and resources to connect people with disability to local sport, community life and active recreation opportunities

¢ promoting and supporting employment of people with disability in the sport and active recreation sectors.

2.1.4 Promoting inclusion and participation of people with disability in the Creative industries

193 The creative industries play an integral role in shaping Australia’s cultural identity, its economy and its reputation as a world class cultural destination. The Victorian Government acknowledges the importance and value of the creative and cultural output of artists with disability to the cultural life of Victoria.

194 There is also a growing body of evidence on the positive impacts of creative engagement on the health and wellbeing of Australians and its unique role for First Nations Australians in maintaining connection to culture and decreasing negative health outcomes.

capability-before-disability. =

93 Working for Victoria program funded 23 community sport and recreation organisations to create jobs and increase employment (including prioritising under-represented groups). People with disability were employed through this program and retained once the program finished.

2022, https://australiacouncil.gov.au/wp-content/uploads/2021/08/Creativity-and-Wellbeing-Summit-Discussion Paper.pdf.

SUB.100.02450_02_0050

VIC.0017.0500.0050

into Violence, Abuse, Neglect and Exploitation of People with Disability 50

195 To achieve true cultural equity however, governments must value the unique and collective voices of diverse communities and support their existence in physical spaces, public policies and investment, and in civic life.

196 Artists with disability are under-represented in the creative industries, earning 42 per cent less than their counterparts without disability and experiencing unemployment at higher rates.°%°

197 The Victorian Government is committed to improving access to employment opportunities, promoting participation and celebrating achievements in the creative industries for people with disability through Creative State 2025 (Action 3) and Inclusive Victoria: State disability plan 2022-2026.

198 The Australia’s Disability Strategy 2021-31 (ADS) and its proposed Associated Plans, present an opportunity to enhance leadership at the national level with respect to the inclusion and participation of people with disability across a range of domains including the arts.

199 To deliver on ADS’s vision for ‘an inclusive Australian society’ a National Arts and Disability Strategy (or equivalent plan) should be developed and implemented in coordination with states and territories, to ensure that it considers and leverages ongoing activity across states and territories.

200 The Commonwealth Government should undertake renewed consultation — with peak bodies, including Arts Access Australia, Arts Access Victoria, as well as First Nations and regional community stakeholders in developing and implementing a renewed strategy, given public consultation for a National Arts and Disability Strategy has not occurred since 2018.

201 Renewed consultation on a national strategy should also consider the disproportionate impact of the COVID-19 pandemic on people with disability in the arts.

Recommendation 11

The Commonwealth Government should collaborate with all jurisdictions to lead development of coordinated and robust approaches to enhancing participation for people with disability in the arts. This could include:

e Working collaboratively with peak bodies, community stakeholders, states and territories to develop and implement a National Arts and Disability Strategy to support Australia’s Disability Strategy 2021-2031 (ADS).

¢ Consulting extensively with people with disability in the creative industries, including First Nations people with disability, when developing the strategy.

2.2 Supporting economic participation

2.2.1. Enhance national employment strategies

202 An effective national disability employment strategy is critical to increasing the employment rates of Australians with disability and reducing rates of poverty.

203 Victoria supports the Employ My Ability as part of the implementation of ADS. However, Employ My Ability lacks clearly articulated actions, particularly regarding jobseekers with

https: //australiacouncil.gov.au/advocacy-and-research/arts-disability-research-summary.

SUB.100.02450_02_0051

VIC.0017.0500.0051

into Violence, Abuse, Neglect and Exploitation of People with Disability 51

disability who are not well served by existing Commonwealth Government disability employment programs, including people with cognitive disability9® and autistic people.2 In addition, neither the ADS and its associated Employment Targeted Action Plan (Employment TAP), nor the NDIS Participant Employment Strategy, include evidence-based actions.

204 Employ My Ability does not state whether all people with disability have the right to access mainstream employment, wages, and conditions instead of segregated work settings. However, the promotional materials for Employ My Ability indicate that Commonwealth Government policy continues to support segregated work settings.%°

205 Employ My Ability needs to incorporate a greater focus on national collaboration, concrete and measurable actions, and implementation of evidence-based approaches, such as promoting person-centred models of employment, adopting demand-side approaches to create work opportunities for people with disability, and interventions that build the capabilities of employers. 9° These should also be informed by past successes, including successful Victorian policies, programs and approaches. For example, the:

e Victorian Government’s disability employment targets

e Victorian Government Graduate Program Disability Pathway

e Victorian Public Sector Enablers Network

e Victorian Social Enterprise Strategy

e Victorian Social Procurement Framework’°

e Victorian Microenterprise Development Grants Program.

206 Digital inclusion is a key enabler of economic participation. The Victorian Government’s Digital Jobs program aims to build the state’s digital workforce by training and upskilling mid-career Victorians so they can transition into digital careers. 1°’ National disability employment and economic participation strategies should include actions to address the digital exclusion of people with disability.

207 The Victorian Government is keen to share our learnings and work collaboratively with all jurisdictions to strengthen Employ My Ability and increase economic participation. For the Victorian Government, key opportunities we would seek to progress at a national level include:

¢ development of a dedicated national transition to work program

e input into the new Commonwealth Government’s disability employment support model and consideration of progress made against the NDIS Participant Employment Strategy

Commonwealth of Australia. Viewed 9 May 2022, https://www.dss.gov.au/sites/default/files/documents/12_2021/fact sheet-want-your-spending-make-difference.pdf.

89 Brown, D & Mallett, S 2021, Environmental scan part 1: Current research and interventions to promote economic participation of people with disability, Brotherhood of St. Laurence, Melbourne.

‘Opportunities for Victorians with disability’ pp 13-15. https://content.vic.gov.au/sites/default/files/2020-12/Social

Procurement-Framework-Annual-Report-2019-20.pdf

101 Digital Jobs Program equips mid-career Victorians with up-to-date digital skills with a $64 million investment. From 2021 to 2025, up to 5,000 Victorians will be supported to retrain and reimagine their career. For further

SUB.100.02450_02_0052

VIC.0017.0500.0052

into Violence, Abuse, Neglect and Exploitation of People with Disability 52

e leveraging the NDDA to collect data on the wages and conditions of workers with disability to better target interventions

e addressing digital exclusion.

Recommendation 12

The Commonwealth Government should strengthen the Employ My Ability — Disability Employment Strategy and the Employment TAP by including concrete actions and evidence based approaches informed by research and shared learning from past successes, including recent Victorian Government initiatives. Improving the employment outcomes of people with disability should take into account the importance of digital inclusion, which is an enabler of economic participation.

Social Enterprise Strategy

208 The Commonwealth Government should lead the development of a strategy to support the social enterprise sector to grow, diversify, and become more robust. ’°

209 Strengthening and growing the social enterprise sector would improve employment opportunities for people with disability and other traditionally excluded groups. It would also maximise the benefit of government and community investment and help distribute the benefits of economic recovery and prosperity more equitably. 19%

210 Victoria’s social enterprises are active employers of people with a disability. In Victoria, people with a disability make up 20 per cent of the Victorian social enterprise workforce (approximately 12,000 jobs) — this is double the number of mainstream employment opportunities for people with a disability. 194

Social procurement

211 The Victorian Government’s Social Procurement Framework exemplifies the positive outcomes that can be achieved for people with a disability when governments leverage their purchasing power to drive social outcomes, including employment and employment pathways. 105

212 The Victorian Government supports the expansion of social procurement provisions across government and private business. Including social procurement clauses in state and local government contracts, including government capital works infrastructure investment, provides a vital pathway for disadvantaged jobseekers to gain employment with mainstream employers, often in partnership with community support services. The Victorian Government has been

https://djpr.vic.gov.au/about-us/overview/strategies-and-initiatives/social-enterprise. 103 Commonwealth of Australia (n43). 104 Castellas, E., et al. (2017), Map. for Impact: The. Victorian Social Enterprise Mapping Project, Hawthorn: Centre

for Social Impact Swinburne. Viewed 2 May 2022, https://mapforimpact.com.au.

https://www.buyingfor.vic.gov.au/social-procurement-framework.

SUB.100.02450_02_0053

VIC.0017.0500.0053

into Violence, Abuse, Neglect and Exploitation of People with Disability 53

proactive in this area through the Public Tenancy Employment Program’® and developing the Victorian Social Procurement Framework — a national first. 1°”

213 Social procurement is an important tool for governments to build support for purchasing from, and partnering with, social benefit suppliers such as social enterprises and Aboriginal businesses.

214 Social enterprise intermediaries help build solid and sustainable enterprises and offer organisations networking support, business advisory and development support. 1° The Victorian Government funds intermediaries, including Social Traders and Kinaway Chamber of Commerce, to maintain a register of verified social enterprises and Aboriginal businesses, respectively. However, no organisation or intermediary currently manages a registration, verification or certification process for businesses owned and or operated by people with disability.

Recommendation 13

The Commonwealth Government should collaborate with all jurisdictions to lead development of a national social procurement framework and establish and trial a national register of businesses owned and controlled by people with disability.

Microenterprise

215 The Victorian Government’s Microenterprise Development Program’? supports underserviced

groups in establishing microenterprise programs, including for people with disability. Microenterprises often address the unique needs and interests of local communities and help to generate and sustain new markets. They can also employ other people from disadvantaged groups, multiplying the benefits of the initial investment in one entrepreneur. The 2022 Microenterprise Development Program includes a focus on people with disability.

216 National disability employment and economic participation strategies should incorporate a focus on supporting microenterprise.

217 Microenterprise provides inclusive and flexible employment options for people, including where self-employment is more suited to an individual’s lifestyle and circumstances. However, access to microfinance and business development services through mainstream suppliers is a barrier for many people with disability. In addition, the COVID-19 pandemic has exacerbated risks faced by people with less financial resources. Without support from governments, entrenched disadvantage and inequality are likely to increase.

218 Governments can facilitate and promote microenterprise development by fostering better links between the implementation of economic inclusion policy and initiatives that support the

https://business. vic.gov.au/grants-and-programs/microenterprise-development-grants-program-2022.

SUB.100.02450_02_0054

VIC.0017.0500.0054

into Violence, Abuse, Neglect and Exploitation of People with Disability 54

creation of income generation options. Enabling better access to microenterprise and business development is key to building more flexible employment options for people with disability, including for low-income earners who experience financial exclusion.

2.2.2 Victoria’s approach to strengthening economic participation of people with disability in the public sector

219 Victorian Government actions to increase the participation of people with disability in the public sector may offer a model that could be utilised by other jurisdictions.

Public sector disability employment targets

220 More action is required to change the attitudes and organisational cultures that contribute to the exclusion of people with disability from the workforce. Setting disability employment targets, as recommended in the Australian Human Rights Commission’s Willing to Work report, ‘’° is one way to improve employment outcomes for people with disability in the public sector.

221 As noted elsewhere,‘“’ in Every opportunity: Victorian economic participation plan for people with disability 2018-2020 (Every opportunity), the Victorian Government committed to disability employment targets to improve the representation of people with disability in the Victorian Public Service (VPS). The targets set a benchmark for monitoring performance. Every opportunity set disability employment targets of 6 per cent by 2020 and 12 per cent by

2025. These targets apply to the VPS and will be extended over time to the broader public sector.

222 The development of Getting to work was an outcome of Every opportunity and is designed to drive increased workforce participation of people with disability in the public sector and support the achievement of the government employment targets. ’’2

223 Five Victorian government departments now have embedded Disability Senior Advisor roles that are catalysts for improved inclusion outcomes for staff employed in the department. The roles represent a commitment to both recruitment of people with disability and to their retention and career progression through the VPS.

Disability pathways in public sector graduate programs

224 Embedding disability pathways in public sector graduate programs can help improve the inclusion of people with disability in the public service. For example, the Victorian Government Graduate Program (VGGP) disability pathway is a successful pathway to employment in the VPS for people with disability. ’“?

April 2022, https://humanrights.gov.au/our-work/disability-rights/publications/willing-work-national-inquiry employment-discrimination.

1 Refer to Statement of Adam Fennessy PSM (Commissioner, Victorian Public Sector Commission), 25 November

https://www.vic.gov.au/victorian-government-graduate-program.

SUB.100.02450_02_0055

VIC.0017.0500.0055

into Violence, Abuse, Neglect and Exploitation of People with Disability 55

225

226

227

The VGGP is a 12-month development program that provides experience across three departments, structured learning and development opportunities, and professional mentoring. Upon completion, graduates are guaranteed a position in the VPS.

The VGGP disability pathway supports applicants during the recruitment and selection process and supports graduates through a dedicated disability pathway liaison officer. The disability pathway aims to provide a fair and equitable experience for graduates with disability. It provides access to mentors with disability, support for workplace adjustments and flexible work, and opportunities to connect with peers with disability. Some graduate roles prioritise the employment of graduates with disability, as provided for in the Special Measures provision of the Equal Opportunity Act. Implementation of the disability pathway is an action in Getting to work.

Since 2018, approximately 4 per cent of applicants to the VGGP have shared they are a person with disability. Since the launch of the disability pathway in 2019, the number of applicants with disability selected to enter the graduate program has increased three-fold, from 5 out of a graduate cohort of 90 in 2019 (5.6 per cent) to 18 out of 113 in 2022 (15.9 per cent).

Public sector disability employment networks

228

229

230

The Enablers Network“’4 is the VPS employee-led network for people with lived experience of disability and their allies. Launched in 2016, the purpose of the Enablers Network is to advance equity, equality, accessibility, and inclusion for people with disability, long-term health conditions and carers working in the VPS. The Enablers Network partners with Victorian Government departments and agencies to build leading, disability-confident employers, including by supporting the achievement of the disability employment targets.

The Enablers Network provides:

e peer support for members, within the scope of their expertise, to support members’ wellbeing and professional goals

e¢ advocacy at individual and systemic levels for the rights of people with disability

¢ awareness-raising and championing of culture change for accessible and inclusive workplaces, policies, processes, and behaviours

e advice to departments and agencies on systemic enablers and barriers to full employment participation and representation

¢ social events, professional networking and activities for members to facilitate leadership and career development

¢ collaboration to embed inclusion and acceptance across the VPS.

The Victorian Government has agreed to fund the Enablers Network for seven years from 2019 to 2025 inclusive. The funding reflects Victoria’s commitment to include the voices and experiences of employees with disability in employee life-cycle and engagement initiatives. We will do this through co-design and embedding universal design principles in employee life cycle policies, programs and services to maximise accessibility.

14 For further information, visit vic.gov.au.— VPS Enablers Network, httos://www.vic.gov.au/vps-enablers-network.

Riale’suh lore reese stetetelasuieiee a are alc siers’slutetsietete nicte’stefoe’ sles)

SUB.100.02450_02_0056

VIC.0017 .0500.0056

into Violence, Abuse, Neglect and Exploitation of People with Disability 56

Recommendation 14 All jurisdictions should strengthen economic participation of people with disability in the public sector. The Victorian Government initiatives, including disability employment targets, disability pathways in graduate programs and disability employment networks, provide a model for implementation.

2.2.3 Redesign Disability Employment Services

231 The Victorian Government supports redesigning the Commonwealth Government’s suite of employment services, including the Disability Employment Services (DES) program. Many Victorian jobseekers with disability participate in Commonwealth Government employment services, but they are not getting employment outcomes. Redesigning the DES is an opportunity to reorient the program to drive better outcomes for DES participants. The redesign of the DES program should remove any obstacles for people with disability to access Jobs Victoria services. 232 In January 2021, 77,119 Victorians were receiving DES assistance. Data from March 2021 showed that approximately half (51 per cent) of DES recipients had been unemployed for three years or more, an increase of 10 per cent in the length of time unemployed since January 2020. 233 Recognising that the Commonwealth Government through the DES program has the primary responsibility for provisioning employment services for people with a disability, the Victorian Government has developed a range of actions to increase the economic participation of people with a disability. The Victorian Government through Jobs Victoria has implemented four actions to support people with a disability into work including Advocates, Mentors, Career

Counsellors, Jobs Victoria Fund and Youth Employment Scheme.115

234 Despite reforms to the DES program in 2018, a mid-term review of the DES program in 2020 found that the ‘number of employment outcomes achieved through the DES program has not shown a substantial increase since the 2018 reforms, compared to the increase in program participants.’ It also noted that ’the probability of a [DES] participant finding employment after any given period on the DES program [declined] by around 12-14 per cent since the July 2018 reforms.‘116 235 In 2018, DES program providers became responsible for monitoring jobseekers’ compliance with income support mutual obligations. In May 2020, 81 per cent of DES participants were subject to mutual obligation requirements.117 However, peak bodies and advocates consider that mutual obligation is inconsistent with a person-centred approach and erodes trust between providers and jobseekers. Ultimately, this undermines high-quality employment outcomes.

115 For further information on these initiatives, visit P.ŸP.?.i:t.rn  ri.t.C?UC?R?.,.P._r¡9.i_rg::_t¢.?.r:i.tj_R,  gi_q11?.:-:-.£!:D.P]QYm¤r:i.t

P.f9_g_r_¥m?., https://djpr.vic.gov.au/what-we-do/employment-programs. 116 Boston Consulting Group (2020), WcH¦t:fJJ. B.tJ.V.ltJ.11!. Qf t/J.€J. Qj§€J_q[U!y_ _f;.fJJP.(QY.fJJ.tJ!!t. $.¦0!!9.€J§ (9.¨$.) .P.r9.Q@T!, Canberra: Department of Social Services, p 49. Viewed 29 April 2022, https://www.dss.gov.au/disability-and-carers­ programs-services-disability-employment-services/mid-term-review-of-the-disability-employment-services-des­ program. 117 Boston Consulting Group, MlcH¦@B.€J.V.l€J.lt!. Qf t/J.€J. Qj§€J_qf/jfy _f;.fJJP.(QY.fJJ.tJ!!t. $.€J.0!!9.€J§ _(9.¨$.) .P.r9.9!.?!!!,

SUB.100.02450_02_0057

VIC.0017.0500.0057

into Violence, Abuse, Neglect and Exploitation of People with Disability 57

236

237

238

Redesign of the DES program should remove the compliance framework linked to income support. Instead, the primary focus of employment services for people with disability should be promoting inclusive and tailored services to assist jobseekers with disability move into the employment of their choice.

Reorientation of the DES program to be more employer facing could build on the Jobs Victoria model, ‘’® underpinned by voluntary, personalised, flexible and employer-connected services. Importantly, Jobs Victoria works with the employer’s operational and business needs, ensuring employers are equipped with the right knowledge, tools and resources to help create more economic opportunities for people with disability. Jobs Victoria also works closely with employers to match them with jobseekers with the skills and or experience they need.

Finally, a redesigned DES program should provide more culturally responsive and targeted support to people with disability who experience multiple and intersecting barriers to employment. In January 2021, 85 per cent of DES recipients had a psychosocial or physical disability, and one quarter were from a CALD background.‘’? Employer and participant-facing supports need to be responsive to this diversity and the systemic barriers that people with disability face.

Recommendation 15

The Commonwealth Government’s redesign of the Disability Employment Services program should:

2.3

239

remove the compliance framework linked to income support which undermines high-quality employment outcomes

make the program more employer facing

provide targeted supports for people with disability who are under-represented in the program (i.e., NDIS participants) and those who experience intersectional discrimination and marginalisation

remove any obstacles for people with disability to access Jobs Victoria services

draw on the experience of Jobs Victoria, which has had success implementing more voluntary, flexible and employer-connected services.

Supporting educational participation

Inclusive Victoria recognises the critical role that education and training play in supporting the right of Victorians with disability to safety and equity of opportunity. Education and training are a pathway to work and greater economic participation. Under Inclusive Victoria, the Victorian Government has committed to promoting educational participation at all stages of education. These commitments include:

e support for funded kindergarten services to include children with disability or developmental delay

¢ support for career education and career planning for students with disability, including workplace learning

SUB.100.02450_02_0058

VIC.0017 .0500.0058

into Violence, Abuse, Neglect and Exploitation of People with Disability 58

• piloting the Industry Engagement for Priority Cohorts initiative for students with disability120

• providing capacity building for educators

• ensuring all learners have access to higher education, vocational education and training opportunities across Victoria. 240 Progress will be measured using the following key indicators:

• educational achievement and engagement of students with disability

• the wellbeing of students with disability

• engagement of Victorian children with disability in state-funded kindergarten

• the wellbeing of Victorian children with disability at school entry

• the number of enrolments in Government-funded training by students with disability. 241 The Victorian Government will provide support over four years to improve outcomes for children with disability through a $16.9121 million boost to the Kindergarten Inclusion Support program, providing tailored support to help children with disability participate in kindergarten, including additional kinder staff, specialised training and minor building modifications. 242 TAFE and Training in Victoria is focussed on inclusion through improving quality, access and relevant training for increased workforce participation by:

• providing access to pre-accredited adult foundation education and employability and digital skills training for educationally disadvantaged Victorians, including people with disability, to support educational and economic participation

• delivering programs under Skills First to support people with disability, including:

  • the Certificate I in Initial Adult literacy and Numeracy, the Certificate I in Transition

Education and the Certificate I in Work Education

• reducing financial barriers for educationally disadvantaged students via tuition-fee free training and Free TAFE

• adding the Diploma in Auslan and the Advanced Diploma of Interpreting (Auslan) to Free TAFE, making it easier for students to get the qualifications they need to support Victoria’s deaf community. 243 Other initiatives include:

• the Reconnect program, which maintains a tailored and responsive service for people experiencing complex forms of disadvantage to support them through intensive case­ management, brokerage and referral to external ‘wrap-around’ services to address their non-training related barriers to engagement and participation in vocational pathways.

• Disability supports for Deaf and hearing-impaired VET students, which are available via services provided by deafConnectEd. These include Auslan interpreting services for VET courses through a centralised booking and direct employment model delivered by

120 The Industry Engagement for Priority Cohorts (IEPC) initiative commenced as a pilot in 2020. Under the initiative, 3 IEPC Coordinators have been recruited to support students with disabilities to access industry engagement opportunities in 3 pilot areas - Geelong, Shepparton and Brimbank Melton (in metropolitan Melbourne). The pilot phase of the initiative has been extended until the end of 2022, to provide more time to assess the initiative, with delivery significantly impacted by the pandemic. The Department of Education and Training is currently undertaking planning for the next stage of the initiative, to commence in 2023. 121 2022-23 Budget Paper 3, p 8.

SUB.100.02450_02_0059

VIC.0017.0500.0059

into Violence, Abuse, Neglect and Exploitation of People with Disability 59

Expression Australia, and support to help students engage with and successfully complete VET courses.

e The TAFE network commenced a significant program of work in 2020 to implement initiatives that address barriers affecting opportunity and equity for students and employees with disability. The TAFE Disability Inclusion Working Group is leading the work program that is informed by two disability inclusion reviews commissioned by the Victorian TAFE network in 2019. The reviews provided 38 recommendations which were endorsed by the TAFEs and provide meaningful steps to improve disability inclusion across TAFEs.

e In 2020, all 16 institutes progressed implementation of ten identified priority staff and student recommendations. Since 2021, the work program has continued to advance implementation of the remaining recommendations, focussing on opportunities to leverage existing knowledge and share best-practice guidance to support consistent improvements across the TAFE network.

e The recent Legislative Assembly Inquiry into Access to TAFE for Learners with Disability (the Inquiry) made 44 recommendations on how learners with disability can be supported to access and fully participate in TAFE in Victoria, with the majority of recommendations aligned to the current TAFE work program. As an extension of the existing work program, the OTCD has also commenced work to implement an initiative funded through the 2022-— 23 Budget that acquits against one of the recommendations from the Inquiry: to deliver a TAFE network-wide accessibility audit of all delivery sites and campuses to prioritise the allocation of resources to address identified issues.

2.3.1 Disability Inclusion

244 Since the Victorian Government Response to the Education and learning Issues Paper was provided to the Royal Commission in May 2020, ’?2 the Victorian Government has invested further in making our schools more inclusive. In November 2020, the Victorian Government invested $1.6 billion in Disability Inclusion. 12°

245 Disability Inclusion responds to the recommendations of the Review of the Program for Students with Disabilities. 12+ It continues Victoria’s reform journey to create a safe and inclusive school environment for students with disability. The reform has three core components. These will be delivered in Victorian Government schools via a staged roll-out until 2025. These components include the Disability Inclusion Profile, a tiered school funding model, and building knowledge and skills in inclusive education. Paragraphs 246-250 below provide further information about these three components.

122 State of Victoria (2020), Victorian Government response to the Education and learning issues paper, Melbourne: State of Victoria.

https:/Awww.education.vic.gov.au/Documents/about/department/PSD-Review-Report.pdf.

SUB.100.02450_02_0060

VIC.0017.0500.0060

into Violence, Abuse, Neglect and Exploitation of People with Disability 60

Disability Inclusion Profile

246 The Disability Inclusion Profile’25 is a strengths-based process to help schools and families identify:

e student strengths and needs at school

¢ educational adjustments schools can make to help students with disability participate and learn at school.

247 Key people who understand a student’s education and support needs, including the student, their family and school staff, complete the Disability Inclusion Profile. In addition, a newly created role: the Disability Inclusion Facilitator, helps schools and families work through the new approach together’?°.

248 The Disability Inclusion Profile design and process draws on the pilot of a functional needs assessment tool and process conducted in 2018. The Disability Inclusion Profile is currently being used in schools across six of the Department of Education and Training’s (DET) 17 areas and will be progressively rolled out to all Victorian Government schools.

Tiered funding model

249 Disability Inclusion introduces a tiered school funding model for students with disability, with significant additional investment. The model has three tiers of funding. These tiers align resources and funding with the educational adjustments made by schools to assist students to participate in education on the same basis as their peers.

e Tier 1 — Core student learning funding is funding for all students attending Victorian Government schools to deliver quality teaching and differentiated practice.

e Tier 2 — School-level funding is new funding to strengthen school capacity and capability to deliver adjustments and inclusive practice for students with disability.

e Tier 3 — Student level funding provides additional funding to Tier 1 and Tier 2, to support schools to deliver adjustments to meet the needs of students with complex needs. The Disability Inclusion Profiles informs Tier 3 funding.

Building skills and knowledge

250 Disability Inclusion includes initiatives to help build knowledge and skills in inclusive education across the school system. As a package, the initiatives will increase access to specialist expertise, coaching, professional learning and evidence-based guidance and resources for those within the education system. The Diverse Learners Hub‘? is one of these initiatives. It will equip school leaders and teachers to meet the needs of diverse learners.

2.3.2 Victorian Pathways Certificate

251 From 2023, students in Victoria will have an option to enrol in the Victorian Certificate of Education (VCE), the new VCE Vocational Major or the Victorian Pathways Certificate ’2®

Tate ne Se el SEL DARI 1 ee TAM Yo

SUB.100.02450_02_0061

VIC.0017.0500.0061

into Violence, Abuse, Neglect and Exploitation of People with Disability 61

(VPC) depending on what is most appropriate to their needs, interests and aspirations. The VPC will replace the Victorian Certificate of Applied Learning (VCAL) at the Foundation level, and the VCE Vocational Major will replace VCAL at the Intermediate and Senior levels. 252 For some students with diagnosed or undiagnosed disability, the VPC will provide a more individualised and accessible program than a senior secondary certificate. The VPC has been accredited at a Certificate I level in line with the Australian Qualifications Framework. The VPC is designed to be delivered in Year 11 and 12 but can have a flexible duration depending on a student’s individual learning plan and the delivery setting. The VPC will offer pathways into the VCE, including the VCE Vocational Major, as well as to further education, employment, and training. 253 On 9 March 2022, the Secretary of DET communicated that from 2023 all Victorian Government secondary schools, with limited exceptions, 129 are expected to provide the VCE Vocational Major, and the VPC where it is a suitable and agreed pathway for students at the school. This will support student access to the VPC through their local government school. For schools excepted from this expectation, they are encouraged to provide the VCE Vocational Major and VPC where it is suitable for their student cohort, 254 Provision of the VCE, VCE Vocational Major and VPC to students in specialist government schools is a school-based decision, informed by the individual needs of the student cohort at the school.

2.4 Supporting access to social housing 255 In Victoria, social housing is provided for people on low and fixed incomes. It is targeted to those in greatest need, including people experiencing homelessness, family violence or with mental health, disability, or ageing-related support needs. 256 The Victorian Government manages more than $31 billion in housing assets that house more than 112,000 Victorians. There are more than 85,000 social housing properties across the state. However, there is a significant gap between what we have and what is needed. 257 With the $5.3 billion Big Housing Build investment130 announced in the 2020-21 Budget, Victoria is delivering more than 12,000 new homes. This landmark investment is the largest social and affordable housing building program in Victoria’s history. It will boost the state’s social housing stock by 10 per cent - creating 9,300 social housing dwellings, of which 8,200 will be new social housing, and 1,100 will replace existing public housing as well as 2,900 affordable and market housing properties. 258 As recommended by the Royal Commission into Victoria’s Mental Health System, the Big Housing Build will provide 2,000 homes accompanied by support for Victorians with mental illness (including psychosocial disability) who require ongoing intensive treatment, care and

129 The limited exceptions are selective entry, specialism, specialist and specific purpose schools, and schools not providing education to Years 11and 12 students. 130 The Big Housing Build commenced delivery in 2021-22 and will continue until the 2024-25 financial year. More than 1,100 dwellings have already been purchased, including 590 homes in ready to build projects and 514 already built dwellings. $1.38 billion of the Big Housing Build will go to Community Housing Agencies via grants as part of the Social Housing Growth Fund to deliver more social housing for Victorians in need of housing support. This includes adults and children escaping family violence, older women, Aboriginal Victorians, people with a disability, and those experiencing mental illness. The first round of grant funding will go to ‘shovel-ready’ development and construction projects for new social housing dwellings. This round of grants includes 89 projects, delivering 2,352 homes and creating more than 9,000 jobs for Victorians. Construction for these projects commenced in 2021.

SUB.100.02450_02_0062

VIC.0017.0500.0062

into Violence, Abuse, Neglect and Exploitation of People with Disability 62

support. Area mental health and wellbeing services will assist with the selection process. The Victorian Government has committed to deliver 500 new medium-term supported housing places for young people living with mental illness.

259 The Victorian Government will increase the supply of accessible social housing for people with disability. We will do this by ensuring all new social housing dwellings delivered as part of the Big Housing Build strive for a minimum Liveable Housing Design Guidelines Silver Level rating and incorporate key elements of the Gold Level standards. ’*“

260 Five per cent of the social housing constructed by Homes Victoria will have a high level of physical accessibility to meet the needs of Victorians with physical accessibility needs. Accessible drop-off areas, paths, lifts and car parking will make all homes easily accessible. Inside the home, kitchens, bathrooms and storage will also be accessible.

261 Atleast 50 per cent of the remaining homes will be designed as ‘adaptable’ in line with the Apartment Design Guidelines for Victoria.’*2 Outdoor spaces will be designed to provide access to all residents, including adequate spaces and functionality for people with disability. Accessible dwellings will accommodate electric wheelchair and scooter access, storage and charging within the entry area.

262 The Victorian Government’s social housing approaches will align with Mana-na woorntyeen maar-takoort: Every Aboriginal person has a home — the Victorian Aboriginal housing and homelessness framework, ’*? which aims to increase housing outcomes for Aboriginal Victorians, including Aboriginal people with disability.

2.5 Driving a national approach to promoting positive community attitudes

2.5.1. Investing in a national campaign to promote positive community attitudes

263 Changing community attitudes towards people with disability is vital for building genuine inclusion of people with disability.

264 Community attitudes have a significant impact on people with disability, including on their participation in the community, education and employment. ’*4 During the development of Inclusive Victoria, consistent feedback was that societal transformation is required and that attitude change is both a primary mechanism and measure of this transformation.

SUB.100.02450_02_0063

VIC.0017.0500.0063

into Violence, Abuse, Neglect and Exploitation of People with Disability 63

265 In 2018, the Victorian Government commissioned a baseline study of community attitudes 1% and funded two waves of a campaign to promote more positive behaviours and attitudes towards autistic people and their communities in Victoria. However, the Victorian Government is aware from the survey that there is little variation in the prevalence of negative community attitudes across jurisdictions. Further effort is required at the national level to drive change on the necessary scale.

266 The Community Attitudes Targeted Action Plan (Community Attitudes TAP) ‘6 outlines actions that each jurisdiction will take to drive progress under the Community Attitudes Outcome Area of the ADS. However, in its current iteration, the Community Attitudes TAP largely relies on states and territories to deliver outcomes across the country. It does not present an integrated national approach to disability inclusion. Implementation of the Community Attitudes TAP should be supported by collective efforts from all jurisdictions. The Victorian Government believes there is a need for greater national leadership to align ADS activities across jurisdictions. Greater alignment will help to deliver nationwide actions to create a more inclusive and accessible society for people with disability.

267 There is also a need to develop a more robust evidence base around both demonstrating connections between changes in attitude and behaviour; and identifying which forms of attitude change activity lead to effective and sustained change in behaviour (e.g., advertising campaigns, commissioned media content, workforce training, school curriculum).

268 The Victorian Government supports the Commonwealth Government’s commitment in the Community Attitudes TAP to delivering two national surveys focused on measuring the attitudes of educators, employers, justice services, health care providers, community services and the general public towards people with disability.

269 The ADS is an opportunity to articulate what a genuinely inclusive Australia looks like. However, delivering this vision requires national leadership, joint effort and increased investment in key areas, including work to address community attitudes. Initiatives to address community attitudes should also focus on rights awareness and increasing human rights literacy among people with disability, their families and carers and the broader community.

Action Plan, Canberra: Commonwealth of Australia. Viewed 2 May 2022,

https://www.disabilitygateway.gov.au/document/3141.

SUB.100.02450_02_0064

VIC.0017.0500.0064

into Violence, Abuse, Neglect and Exploitation of People with Disability 64

Recommendation 16

The Commonwealth Government should collaborate with all jurisdictions to lead and invest in developing a national approach to address discrimination and exclusion and improve community attitudes toward people with disability. The strategy should:

be co-designed, delivered and evaluated by people with disability be evidence based and informed by research be sufficiently resourced to allow for the testing and evaluation of pilot approaches

include a focus on building an understanding of and responsiveness to systemic inequality, intersectionality and inclusion

educate communities about how to promote and uphold the rights of people with disability integrate concrete actions, targets, outcomes measures and evaluation mechanisms

build on the learning and work of the states and territories. This work includes the Survey of community attitudes toward people with disability undertaken by the Victorian Government in partnership with the University of Melbourne. 1°”

University of Melbourne and State of Victoria. Viewed 31 May 2022, https://mspgh.unimelb.edu.au/research groups/centre-for-health-equity/disability-and-health-unit/community-attitudes.

SUB.100.02450_02_0065

VIC.0017.0500.0065

into Violence, Abuse, Neglect and Exploitation of People with Disability 65

3

270

271

272

273

274

275

276

Domain 3: Improving service systems and interfaces

Ensuring people with disability can access appropriate, timely, high-quality and culturally responsive supports is vital to reducing violence, abuse, neglect and exploitation of people with disability.

The Victorian Government is committed to improving mainstream service systems interfaces with the NDIS. National leadership will be necessary to help resolve intractable issues that threaten the implementation of this vital reform. The Commonwealth Government has a key stewardship role in ensuring that the Scheme is evolving in ways that are consistent with the Scheme’s objectives and is responsive to the needs of participants. There is a range of policy and practice issues that need to be addressed in order for the Scheme to meet the expectations of participants and the wider community, including how the Scheme works alongside and in concert with mainstream services, and how areas of market failure are identified and proactively responded to.

The Victorian Government welcomes the renewed commitment made by DRMs in June 2022 to improve the effectiveness of the NDIS. We note that as of August 2022, the Commonwealth Government has committed to conduct a review of the NDIS to guide priority reform covering NDIS design, operations, sustainability, pricing, and building a more responsive market and workforce.

Victoria welcomes this review as an opportunity to ensure that the NDIS is operating effectively and sustainably to support people with disability, their carers and supporters to meet their needs and goals. At the time of writing, Disability Ministers and the Commonwealth Government are yet to agree to the Terms of Reference for Review in consultation with the disability community and sector. However, it is expected that the Review will include in its scope many of the same topics outlined in this submission.

The Principles to determine the responsibilities of the NDIS and other service systems‘ state that ‘the interactions of people with disability with the NDIS and other service systems should be as seamless as possible, where integrated planning and coordinated supports, referrals and transitions are promoted, supported by a no wrong door approach.’

This fundamental principle is poorly adhered to in current practice with widespread evidence that people who require coordinated supports across service systems (sufficient to meet their holistic needs), are experiencing harm and neglect. Rather than a holistic approach, people’s support needs are often perceived as distinct and separate, and viewed through the lens of different service systems, which filter their needs in and out of scope. Consideration of needs centred on funding allocation is the antithesis of a person-centred approach where a holistic understanding of the person allows for care and support designed to meet their needs.

It is vital for government departments and agencies at every level to work together to reduce overlap of services and complexity in identifying support pathways, which can be prohibitively burdensome on people with disabilities. The idea of a seamless interface as outlined in

determine-responsibilities-ndis-and-other-service-1.pdf.

SUB.100.02450_02_0066

VIC.0017.0500.0066

into Violence, Abuse, Neglect and Exploitation of People with Disability 66

277

278

279

3.1

Principle 6 is crucial to maximising impact for participants and minimising inefficiencies within the NDIS.

The Victorian Government has invested in service delivery to address problems resulting from the failure to bring person-centred approaches to NDIS planning, and the subsequent hardships and harm to people with disability. This investment includes twelve Disability Practice Adviser positions, 34 practitioners in the Family Services Specialist program, ’°9 30 Complex Needs Coordinators for the Multiple and Complex Needs Initiative (MACNI)“7°, the Intensive Support Team (IST) and Disability Liaison Officers in hospitals.

In this section, the Victorian Government proposes a range of additional solutions to address problems at the interface between mainstream services and the NDIS including:

e integrating service delivery approaches

¢ clarifying roles and responsibilities at the interface between the NDIS and mainstream services

e addressing hospital discharge delays

¢ developing a joint commissioning framework for supports to people with highly complex support needs and circumstances

¢ expanding specialist liaison positions

¢ ensuring Medium-Term Accommodation (MTA) is available.

The Victorian Government also highlights key opportunities to improve the NDIS by:

e using the Reserve Fund to strengthen the NDIS, including improving NDIS access and participant outcomes

e enhancing NDIS planning

e developing better frameworks to identify and mitigate risks to NDIS participants and supporting a safety net of critical supports so that no one falls through the gaps

e incentivising and expanding the NDIS market for critical supports such as Specialist

Disability Accommodation (SDA)

e improving access to the NDIS for refugees and asylum seekers.

The NDIS and mainstream services — interface issues

3.1.1. Integrating service delivery approaches

280

281

There is a need to create integrated service delivery approaches that strengthen coordination and collaboration across NDIS and mainstream systems for shared clients. A holistic approach to care and support is critical to achieving improved outcomes.

Some specific circumstances indicate the need for an integrated service response: where there are no suitable service options or existing services have been unable to ensure service continuity; where there are significant delays in service access or transition to services

139 The family services specialist disability practitioner program aims to assist vulnerable children and parents with disabilities to access disability supports and participate effectively in the NDIS.

140 Department of Families, Fairness and Housing — Multiple and Complex Needs Initiative (MACNI). Viewed 9 June

2022,

https://providers.dffh.vic.gov.au/complex-needs.

SUB.100.02450_02_0067

VIC.0017.0500.0067

into Violence, Abuse, Neglect and Exploitation of People with Disability 67

delivered by the appropriate service system; and where there is a high risk to the person’s wellbeing, independence, informal support arrangements, safety and positive outcomes.

282 Examples of these circumstances include participants in housing accompanied by supports who require a combination of disability and health supports, such as young people in residential aged care, and participants with interrelated disability support and justice related needs. Other examples include participants who are homeless or at-risk of homelessness, and participants who are residents of Supported Residential Services (SRS) and accessing additional support through the NDIS to assist with their daily living.

283 Improved collaboration and capacity for integrated services would be facilitated by implementation of the following strategies:

¢ assigning clear responsibilities for different services and systems to minimise duplication or gaps in services

¢ joint assessment, including risk assessment, to ensure appropriate resourcing and preventative strategies are in participants’ plans

¢ joint planning, including contingency planning, to ensure supports are complementary and respond to needs in a holistic manner

¢ incorporation of the diverse voices and lived experience of people with disability, their families and carers in determining the ongoing supports they need.

284 Currently, there are no agreed processes to intervene quickly or early in the transition between services to enable effective joint planning, development and implementation of tailored service responses. Long delays in funding decisions and plans can result in family breakdown, increased risk and adverse outcomes for people with disability. ’4“

285 Based on experience with the NDIS to date, including in its capacity as the largest SDA provider in the State, the Victorian Government proposes the recommendations outlined in the following section to the Royal Commission. Key to implementing these recommendations would be a greater role for the DRMs to plan and oversee joint work by the NDIA, Commonwealth Government, states and territories to develop and trial approaches that better integrate disability services funded by the NDIS with state and territory funded mainstream and specialist services. The renewed commitment by the DRMs to review the NDIS provides an opportunity to improve integration and coordination between the NDIS and mainstream services.

286 A key component of this work will be to clarify roles and responsibilities at the interface between NDIS and mainstream services.

287 Integrated service delivery initiatives align with the Victorian Government’s Better, Connected Care“? reform agenda. Better, Connected Care seeks to shift the way departments, agencies and the sector work together, to intervene earlier and to deliver integrated, person-centred services that prioritise client needs in a holistic and accessible way. The reform objective is to

141 The additional staffing DFFH fund for family services and the support PDPAs provide are often in relation to supporting families to have their NDIS plans improved. Families are left with insufficient plans while these processes progress, placing greater pressure on them. Prolonged waits for plan reviews and AAT outcomes impact families who are seeking additional supports.

142 Refer to section 1.2.1 ‘Prevention and early intervention through integrated service delivery.’ State of Victoria,

https://disability.royalcommission.gov.au/publications/iss00100512; Please note, the initiative is now referred to as Better, Connected Care, rather than Common Clients.

SUB.100.02450_02_0068

VIC.0017.0500.0068

into Violence, Abuse, Neglect and Exploitation of People with Disability 68

improve outcomes for people accessing multiple services across justice, health and social services, including people who are vulnerable or at risk of contact with the justice system.

288 The reform aims to improve links across police, courts, prison and correctional and social services so that clients can engage with streamlined, trauma-informed and responsive services. Once implemented, this initiative is expected to result in shared planning and holistic assessments as well as easier access to expertise and evidence-based interventions.

3.1.2 Clarifying roles and responsibilities at the interface between NDIS and justice services

289 Ensuring that NDIS participants interacting with or transitioning out of the justice system can access NDIS funded supports and services is critical to reducing reoffending risk. However, as noted in other Victorian Government submissions to the Royal Commission, ’** roles and responsibilities in Section 10 of the Applied Principles and Tables of Support to Determine Responsibilities in the NDIS and other services (Applied Principles) (Justice) are not clear and lack key definitions. ’*+ Differing interpretations of the Applied Principles, National

Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) and National Disability Insurance

Scheme Rules (Cth) (NDIS Rules) continue to generate implementation challenges.

290 The Victorian Government supports the design and intent of the Applied Principles (Justice), but further clarification of roles and responsibilities is required to ensure their consistent application. A shared understanding of the roles and responsibilities of the NDIS and other service systems will help to reduce delays in funding and coordinating services and supports to people with disability in the justice system, and justice-adjacent systems.

291 The Applied Principles (Justice) review should ensure that key terms are clearly defined. For example, the Applied Principles (Justice) refer to ‘offence specific’ support needs, but do not define them nor contemplate shared responsibility for funding supports that simultaneously address both offence-related and disability support needs. Additionally, the Applied Principles (Justice) do not account for justice-adjacent services such as the Victorian Forensic Disability Program (operated by the Victorian Department of Families, Fairness and Housing (DFFH)). This program provides treatment and specialist forensic disability accommodation under both civil and criminal orders to address offending risks with the aim of diverting people with disability from the criminal justice system).

292 The Applied Principles (Justice) should recognise that where the delineation between offence related and general disability support needs is unclear, NDIS participants may nonetheless require concurrent supports from both the NDIS and the justice or justice-adjacent service systems. For example, people with disability on community-based orders may require support related to their disability needs (Such as personal care) and forensic supports (Such as treatment to address sex offending) due to the risk they pose to the community. While the NDIS funds supports and services for general disability needs, these are usually delivered as standalone services, often by providers without knowledge or experience in working with forensic clients. The Applied Principles (Justice) review should consider development of a decision-making framework to support the NDIA and states and territories determine their

2022, https:/Awww.dss.gov.au/the-applied-principles-and-tables-of-support-to-determine-responsibilities-ndis-and other-service.

SUB.100.02450_02_0069

VIC.0017.0500.0069

into Violence, Abuse, Neglect and Exploitation of People with Disability 69

respective responsibilities when a support addresses both disability and criminogenic related needs, or when it is in the best interest of the participant for one service provider to deliver both types of supports.

293 The Applied Principles (Justice) should clarify that a known release date from a custodial setting is not a requirement under the NDIS Act or NDIS Rules for NDIA approval of funding for transitional supports. There are significant barriers for a person with disability in a custodial setting to undertake the steps required to access the NDIS.’45 These barriers include limited support to complete the referral process and timelines related to NDIS plans that do not consider earliest release dates and information required by panels and boards such as the Adult Parole Board.

294 The NDIA does not engage in pre-release planning until approximately three months before release, which is inadequate time for many people requiring pre-release community supports. These barriers have led to instances where a person is either released into the community without the disability supports they require, or a person’s release from custody is delayed. This is especially problematic where the relevant panel or board have not had the opportunity to consider what disability supports the individual will be able to access in the community. ’46

Recommendation 17

DRMs should review and amend the Justice Principles under Principles to determine the responsibilities of the NDIS and other service systems. The amended principles should:

¢ clearly delineate responsibilities for funding of supports by the NDIS and other service systems in relation to people with cognitive disability in the criminal justice system and justice-adjacent services, including forensic disability programs

e further clarify the distinction between disability-related and criminogenic-related supports as a basis for determining parties’ responsibilities in the prison and community-based justice system. Emphasis should be on incorporating a decision-making framework to support the NDIA and states and territories in determining their respective responsibilities when a support addresses both disability and criminogenic related needs

e clarify that a known release date from a custodial setting is not a requirement under the NDIS Act or NDIS Rules for NDIA funding approval for transitional supports.

295 Ambiguity in the Applied Principles (Justice) has caused a de-coupling of justice related services from general disability supports provided under the NDIS. In Victoria, this makes it more difficult to facilitate an integrated service response for people with cognitive disability in the justice system. Difficulty is compounded when a person has multiple and complex needs, including co-occurring disability and mental health needs, and needs to access a range of NDIS and mainstream service systems.

296 Development of a Memorandum of Understanding (MOU) between Victoria and the NDIA would formalise and strengthen operational relationships cultivated between Victorian forensic treatment programs (including the Victorian Forensic Disability Program) and the NDIA and provide the scaffolding for a service model for people with disability with forensic disability

planning is discussed in sections 1.4.4, 6.8 and 6.12; Refer to Statement of James Maclsaac.

SUB.100.02450_02_0070

VIC.0017.0500.0070

into Violence, Abuse, Neglect and Exploitation of People with Disability 70

support needs. The MOU should reflect a holistic approach to providing support and treatment to forensic disability clients and outline an agreement on shared funding responsibilities for disability support needs and forensic needs within a comprehensive joint planning process. The MOU should provide for a jointly funded integrated service model for forensic disability accommodation.

Recommendation 18

The NDIA should develop a MOU with the Victorian Government that recognises the unique role of forensic treatment programs utilised by people with disability, including the Victorian Forensic Disability Program, and provides for collaborative planning and joint operational monitoring and oversight.

297 The Applied Principles contain insufficient detail to make the responsibilities of NDIS planners, support coordinators and mainstream service providers clear. Inconsistent application of the Applied Principles is leading to gaps in services resulting in poorer outcomes for people with disability involved with the justice system and for children and young people entering statutory and voluntary care. ’4”

298 In circumstances where an individual requires concurrent supports, a shared and coordinated funding approach may be warranted. However, neither the Applied Principles (Justice) nor the NDIA’s Operational guidelines’** provide sufficient guidance on how these types of supports can be jointly planned, funded and implemented. In addition, although justice systems across the country generally operate quite similarly, there are differences in the names of civil and criminal orders that individuals may be subject to and facilities where people can be detained under various state and territory-based legislation. ’4°

299 Alongside a national review of the Applied Principles (Justice) (see Recommendation 13), the Victorian Government would welcome joint work with the NDIA, states and territories to develop comprehensive operational guidance on application of the Applied Principles, with a focus on application of the Applied Principles at the justice interface. DRMs are well placed to oversee this work.

300 Guidance such as a ‘user guide’ or ‘toolkit’ that directs operational staff how to apply the Applied Principles (Justice) in each state and territory would help reduce confusion in what is already a complex service system.

of James Maclsaac. Issues associated with the inconsistent application of the Applied Principles have been detailed at paragraphs [10]-[16].

of James Maclsaac. |ssues associated with ‘de-coupling’ of justice related supports from general disability supports

has been detailed at paragraphs [10]—[16].

SUB.100.02450_02_0071

VIC.0017.0500.0071

into Violence, Abuse, Neglect and Exploitation of People with Disability 71

Recommendation 19 ORMs should oversee the development of comprehensive operational guidance on the application of the Applied Principles and Tables of Support to Determine Responsibilities of the NDIS and other services, ensuring that the guidance:

• is developed in conjunction with the NOIA, states and territories

• maps how the Applied Principles apply to justice and justice-adjacent services in each state and territory

• clarifies responsibilities for funding supports to persons under civil and criminal orders unique to each jurisdiction.

3.1.3 Clarifying roles and responsibilities across child protection, out of home care, youth justice and the NDIS interface 301 Addressing the demand for a coordinated and specialist service for children and families, including families where child protection is involved, will maximise the outcomes of early intervention and promote best practice across service systems. A more holistic approach to identifying needs, including disability support needs and family support needs is required. It is important that the capacity of parents to support their child is understood and they are supported to enable them to continue caring for their child, including through the provision of appropriate disability support services. 302 The NOIA’s interpretation of the Applied Principles in relation to parental responsibility and child and family service system responsibility continues to result in inadequate levels of support to meet the disability needs of children and families, particularly where there is a need for coordination of supports across the NOIS and mainstream services. Appropriate disability supports for children and young people will prevent gaps in services which in turn can prevent the breakdown of support arrangements and entry into statutory or voluntary care arrangements. 303 Providing more timely access to appropriately funded disability supports is critical for children and families in difficult circumstances, including for children with complex needs living with their families who are experiencing significant ongoing or episodic stress; and for children living in care who have disability support needs that are unable to be addressed through reasonable adjustment. 304 Young people in child protection and out of home care are at increased risk of coming into contact with the criminal justice system. When these young people receive timely and appropriate disability supports it reduces the likelihood of future offending.

Transition planning 305 Children leaving statutory care or voluntary out of home care arrangements at eighteen years of age require timely access to appropriately funded disability supports. The NOIA does not engage with transition planning until three to six months before a young persons’ eighteenth birthday. However, this cohort require support with planning to meet their needs including assessment of their eligibility for SOA, well before they transition out of the children’s service system. 306 Home and Living request outcomes need to be known well in advance of a young person’s eighteenth birthday to enable appropriate supports and accommodation to be sought. In some

SUB.100.02450_02_0072

VIC.0017.0500.0072

into Violence, Abuse, Neglect and Exploitation of People with Disability 72

instances, where robust housing is needed, purpose-built accommodation is required to meet complex disability support needs to provide safety for both the young person and the staff caring for them as they enter adulthood.

307 There can be significant challenges in finding suitable housing for young people leaving youth justice facilities, due to their behaviours of concern and history of property damage, even when the young person has provision in their NDIS plan for robust SDA. The NDIA reported that as at 31 December 2021, 184 Victorians were seeking robust SDA. ‘°°

Recommendation 20

DRMs should oversee the development of comprehensive operational guidance on the application of the Applied Principles and Tables of Support to Determine Responsibilities of the NDIS and other services, ensuring that the guidance:

¢ maps how the Applied Principles apply to child protection and out of home care services

¢ clarifies responsibilities for funding supports for vulnerable children and families, including children in out of home care and young people leaving care.

¢ clearly articulates the roles and responsibilities of the NDIA, states and territories, NDIS planners, support coordinators, mainstream providers and state and territory child and family services systems.

Recommendation 21

The NDIA should commit to engaging early in joint case planning with states and territories on the leaving care arrangements for young people to ensure that there is sufficient time to ensure a smooth and supported transition from state care.

3.1.4 Address hospital discharge delays

308 NDIS participants in Victorian hospitals continue to experience NDIS-related barriers to discharge. Hospital discharge is a critical gateway for people whose support needs change after an acute health episode. Hospitals can also act as a default care environment for people whose support needs change and who cannot readily access appropriate services. Recent data shows that more than 200 NDIS participants in Victoria were unable to be discharged when clinically ready, with the average length of stay 160 days beyond the date they were clinically ready for discharge. ’5! The most common barrier to discharge was that finalised NDIS plans lacked sufficient levels of support to enable safe discharge.

309 Unnecessary bed utilisation not only causes significant pressure on the hospital system, it is deeply harmful for people with disability. The psychological distress impacting participants stuck in hospital settings is well documented.

150 Commonwealth of Australia (2022), Specialist Disability Accommodation (SDA) Enrolled Dwellings and NDIS demand — data. as at 31 March 2022, Ref. Table P.22. Viewed 6 June 2022, https://data.ndis.gov.au/media/3204/download?attachment.

2022, https://www.theage.com.au/national/disabled-victorians-forced-to-wait-in-hospital-beds-due-to-ndis-delays 20220519-p5amlv. html.

SUB.100.02450_02_0073

VIC.0017.0500.0073

into Violence, Abuse, Neglect and Exploitation of People with Disability 73

310

311

312

313

314

315

In areas where there are thin markets or a lack of accommodation options, people may be unable to exit hospital into an appropriate living and care environment. This can result in admission to residential aged care or pressure to relocate, for example, away from regional and rural communities.

The NDIA’s Participant Service Guarantee provides timeframes within which the NDIA must make decisions regarding access, plan approvals, plan reviews and changes. These timeframes are tailored to people with disability who are living in the community but are unreasonable for people in hospital ready for discharge. Introducing hospital specific timeframes is imperative to reducing discharge delays related to administrative processes.

NDIS participants ready for discharge in Victorian hospitals waited an average of 133.6 days for a planning meeting and 139.7 days for a plan review to be completed. Having hospital specific timeframes for home and living panel decisions would reduce the number of participants losing appropriate accommodation when providers are unable to hold places while participants are waiting for NDIS application outcomes.

The Victorian Government supports the broad intention of the Down to 10 days campaign®? that is calling on the NDIA to make decisions on housing support within 10 days, ensuring people with disability return to community living where and how they choose. The campaign was launched by an alliance of people with disability, advocacy organisations and housing, health and disability sectors and coordinated by the Summer Foundation.

During the early stages of the COVID 19 pandemic, the NDIA increased the flexibility of MTA arrangements by extending timeframes and relaxing eligibility for participants without SDA confirmed in their plan. Reinstating a flexible approach to MTA would allow participants to live in the community while they wait for their desired accommodation to become available.

The Victorian Government welcomes the agreement made by all Ministers ’** at the June 2022 DRM meeting to prioritise development of a strategy to improve safe and timely discharge of NDIS participants from hospital, including through new targets for the NDIA to engage with an NDIS participant in hospital within four days of their admission, and to have a participant’s plan in place within a month.

Recommendation 22

The NDIA should collaborate with states and territories to update the NDIA Participant Service Guarantee to include specific timeframes for people in hospital who are ready for discharge but who cannot be discharged due to a lack of access to the required NDIS supports.

Recommendation 23

The NDIA assist with reducing discharge delays by increasing the flexibility of MTA arrangements for people with extreme functional impairment or very high support needs who do not have a confirmed long-term accommodation option.

NS: IIS MG So. IRIS, ora a ne ae SS eres ene

SUB.100.02450_02_007 4

VIC.0017.0500.0074

into Violence, Abuse, Neglect and Exploitation of People with Disability 74

3.1.5 Develop and implement a joint commissioning framework 316 Many people with complex support needs spanning NOIS and mainstream services are experiencing service gaps and fragmented service delivery due to the lack of agreed principles, mechanisms and processes for the NOIS and mainstream service systems to jointly plan, develop and implement tailored service responses. 317 A lack of integrated planning results in support not being provided by the appropriate system and poorer outcomes for some people (such as longer stays in hospital or the justice system than necessary). It also leads to inconsistent funding arrangements and a higher risk of support arrangements breaking down. 318 Compounding these issues, the current NOIA pricing arrangements and workforce supply gaps create thin markets for people with complex needs where providers are unwilling to take on these participants.154 The NOIS market model assumes that the needs of all customers will be able to be met from within the market. However, under a fixed and inflexible pricing model, the needs of people with complex support needs are unlikely to be met by the market without compromising the business sustainability of providers. There is a significant shortfall in service providers confident in their capacity to work with participants with multiple and complex needs, especially those participants whose behaviours pose significant risk to themselves and the broader community. These providers require significant capacity building and a pricing structure that better reflects service provision requirements for people with complex needs. 319 People with complex support needs, particularly those who receive services from multiple providers and who access behaviour supports from intersecting services, need their support plans to be coordinated and implemented in a coherent way. Key issues which Victoria has identified include:

• a lack of specialist behaviour support providers and robust SOA options

• failure of the NOIS SOA pricing framework to adequately incentivise the SOA market to deliver client focussed robust SOA, particularly in regional areas. There are significant NOIA funding shortfalls where bespoke SOA is required

• long wait lists for high quality behavioural support/clinical guidance, impacting the endurability and effectiveness of their core supports

• instances where the NOIA has refused to fund clients on a Supervised Treatment Order, despite the person having evidence of significant disability support requirements, and the order being civil rather than criminal

• a market gap in skilled and practiced expertise to work with adults and young people with complex support needs

• constrained NOIS workforce capacity and appetite for working with complex cohorts despite investment in targeted and individualised capacity building. 320 These gaps between NOIS funded supports and mainstream services need to be covered by programs such as the MACNI program which funds 30 Complex Needs Coordinators across the state. Over the financial year 2021-22, 537 complex clients were provided a service, of which 336 (62 per cent) were NOIS participants with complex needs. MACNI also provides supports for people where the NOIS unit cost is too low to attract service providers who have the skills and motivation to work with complex issues.

154 DFFH holds qualitative descriptive data evidencing multiple examples of this issue.

SUB.100.02450_02_0075

VIC.0017.0500.0075

into Violence, Abuse, Neglect and Exploitation of People with Disability 75

321

322

323

324

The Victorian Government welcomes the renewed commitment made by DRMs for all jurisdictions to work together to build a stronger service provider market.’ It is critical that the focus of this work includes development of a comprehensive framework for joint commissioning of supports for people with highly complex support needs and circumstances. Integrated and bespoke services are needed for the small group of people with highly complex behavioural support needs and complex circumstances, where the market, even if incentivised, is unlikely to meet demand.

This framework would be applicable but not limited to, people with disability in the justice system in community settings or those transitioning from a custodial setting to the community, as well as those in the community on civil orders. A joint commissioning framework needs to include mechanisms to jointly plan, design, fund, regulate and monitor services where both the Commonwealth Government and the state/territory has shared responsibility under the Applied Principles.

An example could be DFFH and the NDIA jointly collaborating to undertake joint case planning of high-risk forensic participants in specialist forensic disability accommodation to clearly identify State and Commonwealth Government funding responsibilities

Another example of joint commissioning would be developing coordination arrangements that enable participants with complex forensic needs to access adequately qualified NDIS service providers. This could be through the NDIA and states and territories jointly establishing

a panel of specialist service providers. Such a model would involve agreement from relevant parties that certain supports for complex clients (for example forensic disability treatment funded by the Victorian Government and Behaviour Support funded through the NDIS) would be provided by a provider selected from the panel.

Recommendation 24

The Commonwealth Government should work with Victoria and other jurisdictions to develop a comprehensive framework for joint commissioning of supports for people with highly complex support needs and circumstances.

3.1.6 Supporting access to the NDIS

325

326

The IST was established in Victoria in 2017 to support state disability clients to access the NDIS and navigate the planning process so that they achieved outcomes commensurate with their needs. Principal Disability Practice Advisors, also established in 2017, support children with disability and families by building mainstream capacity in the child protection and family services workforces.

The IST has been effective in supporting people to gain access to the NDIS and achieve adequate funding in their plans. Equally as important, this initiative helped reduce delays in hospital discharge and release from custodial settings for some participants, through its individual case work approach. There is continued need for targeted support for people with complex needs to ensure the NDIS and market provide appropriate disability supports in a timely manner.

eS: oS IS MES. IRIS. Sr oe Set eer ece ne

SUB.100.02450_02_0076

VIC.0017 .0500.0076

into Violence, Abuse, Neglect and Exploitation of People with Disability 76

Increase specialist liaison positions across systems 327 Liaison officers in hospitals and the justice system have proven to be invaluable in assisting participants to navigate the transition from hospital or prison to community settings with the support of NDIS funded support services. These roles help workers in mainstream systems to connect participants with the supports they need to live independently in the community at the earliest possible opportunity. 328 The expansion of this successful model to the children and families service system would streamline access to appropriate disability supports and ensure these supports are joined up with child and family services, education and health services. Coordination across systems is particularly critical for improving early intervention outcomes for children with complex needs and their families.

Justice Liaison Officers

329 As discussed in the Victorian Government response to the Criminal justice system issues paper (part 1 .4.4 ), Justice Liaison Officers (JLOs) work with state and territory counterparts to facilitate a coordinated approach to supporting NDIS participants in youth and adult justice systems, focusing on people with disability in custody and pre-release planning. JLOs are points of contact for workers within justice systems to assist with NDIS navigation, access and communication issues and other systemic issues as required. Implementation of JLOs has improved collaboration between the NOIA and justice agencies, enabling a joint approach to resolving issues relating to people in custody trying to access NDIS supports. As noted in Counsel Assisting Submissions following Public Hearing 15, JLOs have performed very useful functions but more suitably trained and skilled JLOs are needed (Proposed Finding 11 ). In our response to Counsel Assisting Submissions, the Victorian Government supported this proposed finding. 330 While the Victorian Government welcomes all assistance provided to prisoners to access the NDIS, we consider that more should be done to sufficiently respond to access challenges faced by this cohort. While JLOs provide services to justice staff in adult prisons and youth justice centres, support is also required in other justice settings such as residential treatment facilities, community corrections and post-sentence facilities. The NOIA has agreed to consider expanding the scope of JLOs to other settings. The Victorian Government supports this approach and considers that the NOIA should increase funding of JLO positions to expand the reach of these positions across the justice and health systems.

Children and Young People’s Liaison Officers

331 The Victorian child and family services system has not benefitted from Commonwealth Government funded NDIS liaison roles provided to other service systems such as justice and health. The Victorian Government has had to fund critical supports to prevent breakdown of family-based care of children with disability and to ensure joined up responses across the disability, child and family services, health and education service systems. 332 Dedicated NDIS children and young people liaison officers could clarify responsibilities for the most vulnerable of this cohort with the aim of keeping families together. Preventable entry into the statutory or voluntary care systems would reduce and more children would be supported to remain with their families or in other home-based care arrangements. A joint focus on early planning for young people leaving care would ensure that both mainstream services and NDIS supports are in place to meet their needs into adulthood.

SUB.100.02450_02_0077

VIC.0017.0500.0077

into Violence, Abuse, Neglect and Exploitation of People with Disability 77

333

The Victorian Government recognises that further work is required to strengthen supports for children with disability at the child protection, out of home care and justice interface. To this end, Victoria has recently implemented initiatives to improve the capacity of the (children and families) sector to support families with children and young people with disability. These include NDIS training for the sector’5® and embedding practitioners with a focus on supporting families with children with disability in family services agencies. ’°”

Recommendation 25

The NDIA should increase and expand funding of specialist liaison positions to:

3.1

334

335

336

enhance coordination across service systems

build workforce skills and capability

have greater reach across the justice and health systems (for example, expanding the role of Justice Liaison Officer’s to non-custodial settings)

support the children’s services system, thus improving early intervention outcomes.

./ Ensure Medium-term accommodation is available to the people

who need it

NDIS funded MTA is available to people who need somewhere to live because their disability supports aren’t ready. To be eligible people must already have long-term accommodation they can move into at the end of the funded period, usually up to 90 days.

Mainstream crisis accommodation and homelessness responses must be accessible to people with disability. However people with extreme functional impairment and very high support needs requiring an integrated housing and support model are likely to be at greater risk of harm in these environments, which do not usually allow for on-site 24/7 disability support or provide the physical design features people may need.

In the absence of MTA, people can remain in unsafe or inappropriate arrangements until a long-term accommodation option is identified, including;

¢ younger people in residential aged care

¢ people in justice settings

¢ young people leaving out-of-home-care arrangements

e people remaining in hospital despite being medically ready for discharge

¢ people remaining in family settings where family violence or other forms of harm, including where sexual abuse has occurred or is occurring

¢ people remaining in other accommodation options that do not meet their preference, or where the available housing options do not afford them choice and control over their living arrangements, potentially including residents of some SRS, rooming houses, and SDA.

Working with the NDIS to suppat families atrisk training opportunities, https:/Awww.cfecfw.asn.au/ndis resources/working-with-the-ndis-to-support-families-at-risk-training-opportunities.

157 These practitioners support families with NDIS access and participation and assist families to navigate systems of disability support, including the NDIS, disability advocates, disability service providers and mainstream services. They also provide disability-related case consultations to the broader family services system within each DFFH area. The secondary consultation role aims to support practitioners working in family services to maximise disability supports and outcomes for children with disability now available through the NDIS.

SUB.100.02450_02_0078

VIC.0017.0500.0078

into Violence, Abuse, Neglect and Exploitation of People with Disability 78

337

338

339

340

341

342

An illustration of these issues is the joint work that’s required between the Victorian funded program MACNI“5® and the NDIS for people with cognitive disability. MACNI Complex Needs Coordinators have reported a lack of medium-term accommodation options for MACNI eligible clients who are also NDIS participants. Consequently, these NDIS participants are frequently pushed into the homelessness service system, or are in a constant succession of unsuitable interim accommodation options, such as motel/hotel accommodation. These settings can exacerbate behaviours of concern (including property damage) and can impact on the preparedness and capacity of service providers to support clients in these settings.

Further, people leaving hospital or custodial settings may be less functionally independent than they were prior to entry and a current assessment of their abilities and needs is required to support their transition back into community settings.

The eligibility criteria for MTA should be reconsidered to enable people with extreme functional impairment and high support needs, including people who have been deemed eligible for SDA, to exit unsafe or unsuitable housing quickly and to be provided with active support to identify suitable long-term accommodation whilst living in a safe, home-like environment.

The MTA operating guidelines should also be reviewed to include information about the type of dwellings that MTA can be provided in and the requirements for those to be safe and well maintained. Whereas there are design standards for SDA that ensure people can safely access high-quality SDA, there no requirements at all for the provision of MTA, which is variously delivered in houses not being used for SDA, short-term accommodation (also known as respite), apartments, hotels, private rental or other accommodation types “°°.

This can result in people who have been deemed eligible for a certain SDA design type, receiving MTA in a property that has met no design or safety requirements This is a particular issue for people needing more robust construction which is unlikely to be available outside of purpose-built housing.

While it is desirable that MTA arrangements are flexible and responsive, the NDIA should ensure that people are safe in both temporary and long-term accommodation arrangements. This would also provide greater clarity to current and potential MTA providers about the type of dwellings that can be used to deliver MTA.

Recommendation 26

The NDIA should review the MTA eligibility criteria to:

include people with specialist housing needs who do not yet have a confirmed long-term home

ensure the MTA guidelines include requirements for MTA to be provided in dwellings that are safe and well-maintained.

Slee harere ape ene le teen esses sre iad ale ei stele le ertalareuae leet alae erate ae ahead eee ee emits eteiie spin sceieines asia sarateerscle anes aie Nellore rset?

South Australia, Adelaide. Viewed 3 June 2022, https://apo.org.au/node/315895.

SUB.100.02450_02_0079

VIC.0017.0500.0079

into Violence, Abuse, Neglect and Exploitation of People with Disability 79

3.2. Improving the NDIS

3.2.1 Fund supports to help people navigate the NDIS and implement a co-designed and person-centred information gathering and assessment model

343 People with disability and their supporters continue to face a range of challenges navigating the NDIS. These difficulties have been well documented in recent reviews and inquiries, including: the 2019 review by Mr David Tune AO of the NDIS Act, known as the Tune Review; ’®° the Joint Standing Committee on the NDIS inquiry into NDIS Planning (2020); 1“ the Joint Standing Committee on the NDIS inquiry into Independent Assessments (2021); 162

and the Senate Community Affairs Legislation Committee Inquiry into the National Disability

Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021

(Cth). 16

344 Ongoing challenges include:

e lack of support to help navigate the NDIS access requirements, including culturally-specific navigation support and better access to language services

e differences in the quality of plans for people with low cognitive function and limited natural supports who are less able to advocate for their needs

e for newly arrived migrants and refugees, compounding challenges including lack of language skills, lack of familiarity with the health system, lack of trust in government and impacts from trauma that prevent them from accessing information

¢ lack of clarity about what type and form of information is required to support eligibility decisions and decisions about reasonable and necessary supports

¢ lack of guidance for allied health and similar professionals about the preparation of suitable clinical reports and recommendations to support planning decisions

¢ concerns about the administrative and financial burden on individuals of collecting information and evidence

¢ unrealistic expectations on the parental role in caring for a child with complex disability support needs, leaving families more vulnerable and at risk of family breakdown

e information about how to contact the NDIA and other processes is not available in accessible formats

e the basis for NDIA decisions not always clear or transparent.

https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/National_Disability_Insurance_Scheme/NDISPla nning/Final_Report.

162 Parliament of Australia, Joint Standing Committee on the National Disability Insurance Scheme (2020), Independent assessments, Canberra: Commonwealth of Australia. Viewed 9 May 2022, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/National_Disability_Insurance_Scheme/Independ entAssessments/Report.

Amengment (Participant Service Guarantee and Other Measuresg Bill 2021 [Provisionsg, Canberra: Commonwealth

of Australia. Viewed 9 May 2022, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/NDISParticipantService/Re port.

SUB.100.02450_02_0080

VIC.0017.0500.0080

into Violence, Abuse, Neglect and Exploitation of People with Disability 80

345 The challenges listed above are exacerbated when the individual is in a complex situation, such as under the restrictive conditions of a criminal order that limits their movement in the community or in the process of leaving custody. People with cognitive impairment and psychosocial disability also face particular challenges in navigating NDIS access requirements, which can be stressful and confusing.

346 Significant improvements in NDIA information gathering processes and assessment practices are needed to improve the quality and consistency of NDIA access and planning decisions.

347 Any new information gathering and assessment processes to support decision making must be co-designed with people with disability their families and carers. The development of a new person-centred process should also be guided by relevant findings and recommendations of the Tune Review and advice’™ from the Independent Advisory Council to the NDIS*® to the NDIA Board and the Minister for the NDIS on strengthening Scheme reforms on access and planning.

Recommendation 27

In line with recommendation 3 of the Tune Review (and recommendation 2 of the Joint Standing Committee on the National Disability Insurance Scheme inquiry into NDIS Planning), the Commonwealth Government should provide additional funding to support people with disability to navigate the NDIS.

Recommendation 28

The Commonwealth Government and NDIA need to strengthen their co-design approach to develop a new person-centred model of information gathering and assessment that delivers consistency in access and planning decisions for people with disability. The co-design process should adopt an intersectional approach that considers all the needs of people with disability, including considerations of age, cognitive function, access to informal supports, gender diversity, sexuality, cultural and language background.

3.2.2 Enhance NDIS planning processes and guidance

348 Plan outcomes for people with disability can be enhanced by improving the specialisation and skills of NDIS planners. Different cohorts of people with disability bring with them different and complex planning considerations and required expertise. For example, a priority cohort is younger people living in residential aged care who require regular monitoring and review in order to respond to changes in their circumstances or in the availability of services and accommodation.

349 High quality, consistent planning is critical to ensure people with disability get the best possible outcomes from their NDIS package. However, an independent review into the NDIA Actuarial Forecast Model and drivers of Scheme costs in 2021 found that participants with the same

Bn A A A A a

SUB.100.02450_02_0081

VIC.0017.0500.0081

into Violence, Abuse, Neglect and Exploitation of People with Disability 81

disability type and level of function can often have variation in their plan budgets. The review notes that ‘…this arises from differences in their individual circumstances but probably also from inconsistency in decision making.’ ’®

350 Both the Tune Review and Joint Standing Committee report on NDIA Planning noted that participants also need better support through the NDIS planning process. ‘® Participants need access to resources and strategies that support them to plan to meet their reasonable and necessary disability support needs, in line with their goals.

351 Quality planning ensures that wherever possible, risk factors are identified, and mitigation

components of planning that enable, protect and empower people with disability include:

¢ Agility — the ability to make changes quickly to enable a fast response to an immediate or emerging crisis

e Flexibility — the capacity to quickly redirect funding or resources with minimal or expedited approval processes

e Capacity building — the inclusion of resources and strategies to build the capacity of the person with disability to develop and maintain informal supports and to support the person to plan to meet their reasonable and necessary needs, in line with their goals

e Decision making (exercising choice and control) — supports and enables the person to make decisions about their plan (and/or develop their capacity for decision-making)

e Family centred planning for people with disability — takes a person-centred as well as family-centred approach, for example the needs of the parent, siblings or partners, who may be providing informal supports, are considered.

352 These approaches also need to be reflected in internal NDIA operational guidance, to ensure consistency and efficiency in planning, and enhance accountability and transparency.

Recommendation 29 The NDIA should enhance its planning processes and guidance by:

¢ developing and implementing mechanisms to encourage and support NDIS planners to develop specialised understanding of the multiple and/or complex interfaces with service systems including housing, justice, health, mental health, alcohol and other drugs, together with family-centred approaches for children and families.

¢ reviewing and updating its internal guidelines for planning to ensure they are aligned with the legislative and policy framework underpinning the NDIS to ensure consistency and efficiency in planning and enhance accountability and transparency.

¢ undertaking a comprehensive co-design process with people with disability to develop a person-centred planning process that enables flexible use of plan budgets in line with recommendation 15 of the Tune Review.

SUB.100.02450_02_0082

VIC.0017.0500.0082

into Violence, Abuse, Neglect and Exploitation of People with Disability 82

3.2.3 Using funds accumulated within the Scheme to improve the lives of people with disability

353 Under the bilateral agreements between the Commonwealth Government and states and territories on the NDIS, all jurisdictions agreed that an NDIS Reserve Fund would be established using accumulated funds within the Scheme.

354 The NDIA currently holds the cash that has accumulated from Commonwealth Government and state and territory government financial contributions during the NDIS transition period. It is expected that the accumulated funding now exceeds more than $1 billion.

355 The accumulated funding should be used to improve NDIS participant access and outcomes, manage Scheme sustainability and improve the lives of people with disability. It should not be used to fund participant supports or Information, Linkages and Capacity Building that are funded through existing contributions.

356 One example of how funds could be used is to support the enduring NDDA. The NDDA aims to provide a more complete picture of the life experience of people with disability by linking datasets across jurisdictions and improving data quality. Insights from the data can then be used to deliver improved outcomes for people with disability (as discussed in Section 5.1:

357 States and territories have been advocating to the Commonwealth Government to establish the Reserve Fund or otherwise use the accumulated funds to improve the lives of people with disability. However, to date the Commonwealth Government has not fulfilled its obligation. The delay has prevented effective use of these funds.

Recommendation 30

The Commonwealth Government, in collaboration with state and territory governments, should agree on an approach to using the funds that have accumulated in the NDIS that were previously proposed for an NDIS Reserve fund. The accumulated funds should be used to improve NDIS participant access and outcomes, manage Scheme sustainability, and improve the lives of people with disability, including by supporting the enduring NDDA.

3.2.4 Implement a framework for maintaining critical supports

358 In collaboration with other states and territories, the Commonwealth Government and the NDIA should implement a robust framework for maintaining critical supports which includes preventative measures such as:

¢ capacity and resilience building for NDIS participants, their families and supporters e service provider resilience and capacity building e risk identification and mitigation at the early planning stage

¢ improving system capacity to identify and engage additional supports prior to the breakdown of supports.

359 The framework should focus on risks to both the individual and their support system, such as family, friends and carers (as discussed further at Section 3.2.5: Improve identification and

stress. Importantly, the framework must explicitly interface with Provider of Last Resort

SUB.100.02450_02_0083

VIC.0017.0500.0083

into Violence, Abuse, Neglect and Exploitation of People with Disability 83

360

361

362

363

364

365

366

Ensuring people with disability have access to high-quality supports and that service systems can respond quickly to urgent needs is crucial. The loss or interruption of disability supports poses significant risks to the health, well-being and safety of the person affected. Uninterrupted access to critical supports is a protective factor against harm and neglect.

The NDIA’s Maintaining Critical Supports framework should be strengthened by incorporating a more substantial focus on prevention and timely intervention at the first sign of breakdown of supports.

Improvements to the NDIA’s process for approval of emergency supports where an NDIS participant is in crisis or at risk of losing critical supports must be strengthened and streamlined. Extended waits for much needed supports only serve to place the participant at significant risk of harm through injury, illness or abuse.

Loss of critical supports can increase the need for intervention and support by mainstream services, including child protection and justice. It can also increase the level of disability support required as a result of deterioration in the person’s circumstances. For example, families often present to services at times of crisis requiring timely access to supports, such as short-term accommodation or respite. Where these short-term supports are not provided, parents can be placed under even greater pressure.

Where critical NDIS supports break down, responsibility often shifts to emergency responders (police and ambulance), acute hospitals, the mental health system and child protection to respond to families in need of an urgent disability support response. This can result in additional stress for the family and participant. It can also lead to repeated emergency presentations, admission to hospital and delayed discharge, or young people entering voluntary or statutory care.

Lack of critical supports can increase the risk of people with disability encountering police despite no crime having been committed. Contact with the justice system can lead to Criminalisation of people with disability due to a lack of support from more appropriate service systems. For example, young people with behaviours of concern are more likely to encounter the justice system if they do not have access to appropriate behaviour supports in the community.

Pressure from tertiary service providers who do not see themselves as the appropriate service can result in poor outcomes for young people. They may be placed in disability accommodation without undertaking sufficient planning and with providers who do not have an appropriately skilled workforce.

Recommendation 31

The Commonwealth Government and NDIA should actively engage and work with states and territories to implement a holistic and comprehensive framework for maintaining critical supports. This should include investment in preventative and capacity building supports, tailored to the diverse needs of participants, their families and carers, to reduce the risk of crises and breakdown in supports.

SUB.100.02450_02_0084

VIC.0017.0500.0084

into Violence, Abuse, Neglect and Exploitation of People with Disability 84

Recommendation 32

The NDIA should establish a clearly articulated pathway for the timely approval of emergency supports where an NDIS participant is in crisis or at imminent risk of losing critical disability supports.

3.2.5 Improve identification and mitigation of risks to NDIS participants

367

368

369

370

371

372

373

through enhancements to planning and support coordination

Planning that does not take full account of a participant’s circumstances may contribute to a breakdown of critical supports. For example, if planning does not include consideration of a family’s or carer’s circumstances (and therefore does not identify likely triggers of crisis) it will also not include mitigation strategies or the funding and flexibility to implement them (also see

Similarly, support coordinators are required to be highly skilled and able to provide services that are focused on problem solving, solution design, negotiation across systems and implementation. For example, children in vulnerable situations may require active engagement of workers across services and systems to ensure their support needs are met, particularly children with disability whose parents are not in a position to fully meet their needs or advocate effectively on their behalf.

The ability of the support coordinator to identify and quickly resolve emerging issues is critical for participants who may be at risk. The quality of support coordination is also a key factor in plan utilisation and the effective use of supports. This is particularly important for those people with complex support needs or for people experiencing complex situations, including children and young people, people with mental health issues, those interacting with the justice or youth justice systems, and in cases of abuse, coercion or family violence.

One of the practice and skill set requirements for planners and support coordinators is to ensure that they engage directly with child participants and not rely solely on their engagement with parents and carers. This direct engagement has two critical purposes: to provide an opportunity for the voice of the child to be heard and considered as part of the NDIA planning and support coordination processes, and to mitigate any risks that might be associated with diminished parental/carer capacity to advocate for their child.

Quality planning and support coordination ensures that wherever possible, risks are identified, and mitigation strategies put in place, through a family-centred planning approach regardless of the age of the person with disability. Research on risk factors for the breakdown of support arrangements is available and can assist with the development of tools and training for planners and support coordinators to identify risk factors and plan accordingly.

The ability to quickly respond to changes in people’s circumstances is integral to ensuring the maintenance of critical supports. People in crisis situations require timely access to immediate support to stabilise their situation, and planning and assistance to put a suitable, sustainable strategy in place.

Currently, there is limited training available in risk and crisis management, not only for support coordinators, but also Local Area Coordinators, plan managers, psychosocial recovery coaches and other service providers.

SUB.100.02450_02_0085

VIC.0017 .0500.0085

into Violence, Abuse, Neglect and Exploitation of People with Disability 85

Recommendation 33 As part of its role as market steward and its commitment to improve the quality and outcomes of planning and support coordination for participants, the NOIA should develop enhanced practice guidance, tools and training appropriate to the various planning and support coordination roles, to:

• identify and mitigate risks to service continuity

• monitor and understand implications of the use of accessing supports in a participant’s plan, including identifying suitable evidence and processes for monitoring•

• respond to the first signs of breakdown in critical supports

• understand how to maintain critical supports in the event of a crisis or emergency

• enable the flexible use of any unexpended funds in a participant’s plan to manage or mitigate an immediate risk, crisis or emergency arising from the breakdown of critical disability supports

• enable rapid approval of additional funding to manage or mitigate an •immediate risk, crisis or emergency arising from the breakdown of critical disability supports.

3.2.6 Implement comprehensive Provider of last resort arrangements 374 NOIS participants may be placed at risk of losing their critical disability supports due to insufficient NOIS funding or lack of appropriate and/or willing service providers due to complexity of support needs or thin market issues. Provider of last resort arrangements are required to ensure services are always available to support participants in the most critical and urgent of circumstances. However, existing NOIA provider of last resort arrangements and pathways for crisis response and referral are not fit-for-purpose. 375 In 2017, the Productivity Commission noted it was not clear how Provider of last resort and thin market arrangements more generally were to be put into practice and recommended that the NOIA urgently clarify how the Provider of last resort arrangements were to operate, and how the Agency intended to intervene in the market more generally, by publishing its relevant policies and strategies.168 However, the NOIA’s pathway for assistance during business hours, particularly for participants who do not have a support coordinator, is still not clear. Similarly, the current after-hours service is limited to a handful of approved referrers in each state and territory, and availability of the after-hours service is not widely promoted. 376 Participants at risk of imminently losing their critical disability supports, or who require a crisis response due to their changing disability support needs, are frequently redirected to tertiary services such as hospitals and child protection due to the lack of a provider of last resort. 377 The Victorian Government provides support to NOIS participants with complex needs, who are having trouble navigating the NOIS or who are at risk of imminent loss of their disability supports. The Victorian Government’s 1ST was implemented in 2017 as a transitional support while the Scheme matured. The 1ST continues to provide support to people with disability, their families and carers, who require assistance to access and navigate the NOIS and/or are at risk of crisis. The 1ST continues to receive an increasing volume of requests for assistance, particularly from those people interacting with the justice, health and mental health systems.

168 Productivity Commission 2017, National Disability Insurance Scheme (ND/SJ Costs, Study Report, Canberra. pp 280-282.

SUB.100.02450_02_0086

VIC.0017 .0500.0086

into Violence, Abuse, Neglect and Exploitation of People with Disability 86

378 It is critical that the NOIA works with states and territories to urgently develop and implement fit-for-purpose provider of last resort arrangements to ensure services for NOIS participants who have lost, or are at imminent risk of losing, critical disability supports. The arrangements should ensure that service providers of last resort have the requisite skills, infrastructure, and capacity to provide time-limited crisis supports to participants whose supports have broken down, or where a participant’s acute support needs and circumstances are too complex to be supported by their regular service providers. Provider of last resort arrangements should also ensure providers have capacity to scale up supports in response to crisis situations if required. 379 The NOIA also needs to improve access to immediate, skilled advice and support for a broad range of referrers, including support coordinators and Local Area Coordinators, to assist participants at risk of or experiencing imminent breakdown of disability support. This function should operate 24 hours a day, 365 days per year and be widely promoted to NOIS participants and their supporters.

Recommendation 34 The NOIA should establish:

• a clearly articulated and easily accessible pathway (available 24 hours a day, 365 days per year) to immediate, skilled advice and support for a broad range of referrers, including support coordinators and Local Area Coordinators, to assist participants at risk of, or

♦ experiencing, imminent breakdown of disability supports

• fit-for-purpose Provider of Last Resort arrangements for the provision of services to NOIS participants who have lost, or are at imminent risk of losing, critical disability supports.

3.2.7 NDIS Market enablement 380 As noted in the Tune Review, NOIS participants, their families and carers need access to information about the nature and quality of NOIS funded supports in the market to effectively exercise choice and control. Further, the NOIS needs to promote services that aim to maximise the benefits for each participant and that are based on robust research and evidence. 381 While it is a key tenet of the NOIS that participants exercise choice and control through the purchase of supports from an open market, there are circumstances where participants are unable to do this due to thin markets. Thin markets occur in some geographical areas (such as rural and remote locations), or for some types of supports, where the number of providers is too small to support the competitive provision of services. Examples of issues associated with ‘thin markets’ include those arising from capacity to meet specialised or complex needs (such as participants in contact with the justice system or those with behaviours of concern), culturally safe or appropriate services (such as supporting Aboriginal or CALO people with disability). 382 The Victorian Government is currently the largest provider of SOA for clients with Robust SOA, indicating a lack of engagement by other SOA providers in the supply of this bespoke type of accommodation. There is an opportunity for the NOIA to activate other parts of the SOA market to provide greater choice for people with complex needs who require Robust SOA.

383 The National Disability Insurance Scheme Amendment (Participant Service Guarantee and

Other Measures) Act 2022 (Cth) includes amendments which provide more defined powers for the NOIA to engage in market intervention. These powers could be exercised to address

SUB.100.02450_02_0087

VIC.0017 .0500.0087

into Violence, Abuse, Neglect and Exploitation of People with Disability 87

provider shortages in rural areas and other thin markets. Examples include co-designing individual service responses with local community and diverse people with disability, their families and unpaid carers where a bespoke service is required or establishing a particular service response and commissioning integrated services for specific cohorts where the market needs encouragement. By expanding the market, people’s ability to exercise choice is increased over time.

Recommendation 35 The NOIA should implement recommendation 18 of the Tune Review and work with people with disability, all jurisdictions, researchers and experts in the provision of disability supports to establish an accessible source of publicly available information about evidence-based best practice approaches, to assist NOIS participants in exercising informed choice and control when navigating the marketplace.

Recommendation 36 The NOIA should exercise its powers to commission services where there is a demonstrated lack of options within the market and provide adequate funding for the design and implementation of bespoke service responses for individuals with specific needs.

3.2.8 lncentivise the NDIS market 384 Ensuring appropriate supports are in place early in a child or young person’s life can reduce their future needs for supports. However, there is insufficient supply in the NOIS market to provide supports to this cohort. 385 Specific focus is required to incentivise the NOIS market for children and young people with complex disability support needs. There is added complexity in supporting this cohort and in navigating systems, especially when accommodation outside the family home is required, including short term accommodation (STA) and robust SOA. Without this, children and young people experience poorer outcomes, including being subjected to unregulated restrictive practices. 386 Families and guardians of children and young people with complex needs and behaviours of concern have limited options currently for accessing supports, particularly in the form of respite and STA. Providers cite worker safety, property damage and repair costs, and participant ratio implications when approached to provide short term accommodation for this cohort, resulting in increased pressure on state resources to identify leaving care options. 387 Providers of accommodation outside the home, such as STA providers, are often not trained nor registered appropriately to support young people with behaviours of concern. In addition, the properties used by STA providers are often not able to facilitate staff and participant safety. As a result, incidents related to young people with behaviours of concern can result in cancellation of support provision with no alternative options available. In rural and regional areas there may only be one, if any, STA option available for the young person. 388 The NOIA should increase incentives for service providers to deliver services to participants with complex and/or behaviour support needs, including respite and short-term accommodation. This would require pricing arrangements that are sufficiently flexible and accurately reflect the cost of providing these types of supports for children and young people,

SUB.100.02450_02_0088

VIC.0017.0500.0088

into Violence, Abuse, Neglect and Exploitation of People with Disability 88

in particular in rural and regional areas. The NDIA should also establish new Behaviour Support Practitioner criteria for working with children and young people with high support needs to ensure the practitioners have the necessary skills for working with them.

389 Pricing arrangements should facilitate flexibility in service provision and recognise the increased cost of providing supports to this cohort including the need for a crisis and on-call response, more robust properties (or need for property repair costs to be considered), transport allowance and flexible participant ratios.

390 Whilst longer term market investment strategies are being put in place, the NDIA should also recognise the need for alternative interim options for participants approved for SDA and fund this housing support in their plans.

391 These compounding service gaps add additional complexity and risk for children and young people as they move into adulthood and warrants specific attention by the Royal Commission.

Recommendation 37

The NDIA should collaborate with all jurisdictions to develop and lead a project to incentivise the NDIS market to provide supports, including accommodation, to children and young people with complex disability support needs, including in rural and regional areas.

3.2.9 A Specialist Disability Accommodation (SDA) sector that delivers more choice to people with disability

392 SDA is a range of housing designed for people with extreme functional impairment or very high support needs. SDA dwellings have accessible features to help residents live more independently and allow other supports to be delivered better or more safely.

393 NDIA reporting shows that in Victoria there are hundreds of people with disability looking for SDA for the first time, and hundreds more people who already live in SDA but are looking for a change. This pattern is repeated in other states and territories. Despite this, SDA providers and investors ’® report higher than expected vacancy rates, indicating a misalignment between the SDA that is available and what people with disability need and want, or are being funded by the NDIS to receive.

394 There is also a substantial gap in the number of people forecast by the NDIA to be eligible for SDA compared to those who have SDA in their plans. The small size of the SDA market, high investment costs compared to other service-based markets, along with a lack of certainty about the demand for SDA, detrimentally impacts the confidence of SDA providers and investors and may cause them to abandon future developments.

395 Conversely there is a growing risk that some SDA types will be oversupplied, particularly for one-bedroom SDA which is highly desired by some participants but who are not receiving sufficient plan funding to move into one of the many new developments that now sit vacant.

396 A financially sustainable SDA sector that delivers high-quality homes of the type people need is critical to ensure people have choice and control about where they live and who they live

recommendations, Blackburn Summer Foundation, p 25. Viewed 9 May 2022, https://www.summerfoundation.org.au/resources/specialist-disability-accommodation-sda-investor-think-tank findings-and-recommendations.

SUB.100.02450_02_0089

VIC.0017.0500.0089

into Violence, Abuse, Neglect and Exploitation of People with Disability 89

with and have access to homes that enable increased independence and connection to community. Without this, unacceptable numbers of people will remain in inappropriate service settings while they wait for SDA that meets their needs. This is particularly critical for younger people in residential aged care, participants in hospital and justice settings, and young people who are eighteen years old and ready to leave care.

397 The NDIA must engage with SDA providers and investors to continue recent improvements made to the availability of SDA demand and supply data and to drive investment in SDA in the areas it is most needed. This includes direct market intervention when people are unable to access the services they need. There is also an opportunity for the NDIA to engage with providers, investors, states and territories to undertake coordinated area-based planning, that cannot be effectively done by separate market players, to ensure that communities have the right number and type of SDA dwellings. The Victorian Government is committed to working with the Commonwealth to improve access to an appropriate range of SDA options for people with disability.

398 The SDA price review that will take effect in July 2023 must ensure that the SDA market is incentivised to deliver SDA to people with more complex needs, such as people who need robust SDA’”°, and provides sufficient flexibility to meet the needs of people who require very costly bespoke, purpose-built SDA that can’t be delivered within the current SDA price limits.

Recommendation 38

In its role as SDA market steward, the NDIA must proactively intervene to ensure SDA is available that delivers more choice and control for people with disability including:

e actively engaging with SDA providers and investors to identify further improvements in the availability of demand and supply data that the NDIA provides

e identifying strategies to address market gaps, such as the availability of robust SDA, ata service level and for individual participants

e ensuring the SDA price review, to take effect in July 2023, provides sufficient flexibility to meet the needs of participants with very complex housing needs that can’t be delivered within the current SDA price limits.

3.2.10 Improve NDIS access for refugees and asylum seekers, including enabling access for those who do not currently meet residency requirements

399 There are people with disability in the community who are ineligible for the NDIS due to not meeting NDIS residency requirements. These people are also not eligible for the defined Continuity of Support program (CoS) under the 2019 Bilateral Agreement between Victoria and the Commonwealth Government“ because:

170 Robust SDA is designed to incorporate a reasonable level of physical access and be very resilient, reducing the likelihood of reactive maintenance and reducing the risk to the participant and the community.

agreement-between-the-commonwealth-of-australia-and-victoria-on-the-national-disability-insurance-scheme-PM Premier-signed-1 7-June-2019.pdf.

SUB.100.02450_02_0090

VIC.0017.0500.0090

into Violence, Abuse, Neglect and Exploitation of People with Disability 90

400

401

402

403

e they have never accessed a Victorian disability program (Victoria has an obligation under the NDIS bilateral agreement to continue to support non-residents who were accessing state disability services prior to the introduction of the NDIS)

e they have previously accessed Victorian disability supports that were not in scope of the Scheme, but their needs have changed and they need access to supports that are now provided by the NDIS.

Statewide Disability Services (DFFH) is filling this gap by operating and managing the Victorians Ineligible for NDIS (VIN)/CoS program. This program currently supports both existing CoS clients and new disability clients, who are eligible under the Disability Act and are aged between five and sixty-five years. There is increasing interest in accessing the VIN program, with the demand from this specific cohort continuing and growing the program. Support will be required for this cohort into the future.

NDIS eligibility criteria currently require participants to be an Australian citizen, permanent visa holder or a Protected Special Category visa holder.’ Prior to the introduction of the NDIS, residents on temporary visas would have received disability supports or Early Childhood Intervention Services (ECIS) for children 0-6 years of age, funded by the Victorian Government. The Victorian Government continues to step in to support people who do not meet NDIS residency requirements, including by committing additional funding in the 2022-23 Victorian State budget.’”? Any decisions made by the Commonwealth Government to accept asylum seekers or refugees on humanitarian grounds are likely to increase demand for disability supports and ECIS from this cohort.

Falling Through the Gaps, ‘4 prepared by the Ethnic Communities’ Council of Victoria, ’”5 highlights the risks for asylum seekers dependent on the non-government and crisis service sector due to not having access to specialist disability services. It identifies that ineligibility for the NDIS is generating significant issues across the crisis response provided by the health and community services sector, impacting on discharge options and continuity of care, and resulting in increased length of stay and risk.

Asylum seekers and other at risk and vulnerable sub-groups have been recognised as facing escalating disadvantage and destitution. This cohort will disproportionately impact mainstream service systems, such as health, if not prioritised to receive services and supports. People in the following visa categories are currently not eligible for NDIS supports:

e¢ non-protected Special Category Visa (SCV) Holders — New Zealand citizens who arrived after 26 February 2001 (subclass 444)

e Temporary Protection Visa (TPV) Holders and Safe Haven Enterprise Visa (SHEV) Holders

— recognised refugees who arrived by boat after 2014 and have very restricted access to apply for permanent visas

access-ndis/am-i-eligible. 173 The Victorian Government 2022-23 State budget committed $5.104m over two years.

health, Coburg: Ethnic Communities Council of Victoria. Viewed 9 May 2022, https://apo.org.au/sites/default/files/resource-files/2018-06/apo-nid1 79221 .pdf.

175 The Ethnic Communities’ Council of Victoria consulted with community representatives from refugee and asylum seeker backgrounds to find out what facilitates and hinders mental health and wellbeing for them and their communities.

SUB.100.02450_02_0091

VIC.0017.0500.0091

into Violence, Abuse, Neglect and Exploitation of People with Disability 91

• children (aged 0-17 years) of longer-term temporary migrants (some of whom are born in Australia) who do not meet NDIS residency requirements

• people seeking asylum living in the community on bridging visas while their applications for permanent residency are being determined

  • other long term temporary visa holders who are at-riskr or vulnerable (a small group

estimated to be less than 100 people) such as people who have been trafficked or people made vulnerable through exploitation or family violence. 404 Some of these groups are already eligible for other Commonwealth Government funded mainstream programs and supports. As a matter of priority, these groups should be considered for eligibility for the NDIS. ….405 Extending eligibility to the NDIS for the above groups will promote greater consistency of access to Commonwealth Government funded programs and supports, as well as timely access and equitable levels of support for people with disability regardless of residency status. Timely access to disability supports and ECIS improves life outcomes, increases social and economic participation, and reduces demand on crisis, acute and other mainstream services.

Recommendation 39 The NDIS eligibility criteria should be amended to provide access to specific categories of non­ residents who are not part of the current continuity of support arrangements to provide them with essential supports that meet their disability needs.

3.3 Responses to support people with disability during a crisis or emergency

3.3.1 Develop a national emergency management approach 406 A coordinated emergency management approach across local, state, territory and Commonwealth governments is critical to protect the safety of those most at risk before, during and after a disaster or emergency. Disasters and emergencies do not affect everyone equally. Some people are disproportionately affected and more at risk than others (depending on circumstances, availability of reliable communications infrastructure and the nature and type of the event). Australia’s natural disaster arrangements should recognise the varied experiences of individuals and communities during emergencies and consider the range of needs that individuals and communities may have at different stages of an emergency. 407 This is also true of participants within the NDIS system. In order to support those most at risk, Victoria is reliant on the NOIA to provide access to NDIS participant data. Timely, consistent and comprehensive two-way data and information sharing ensures those most at risk can be appropriately identified and considered in planning and preparedness activities. However, the transition to the NDIS and lack of access to that data has reduced the capacity of the Victorian Government and local governments to plan and direct responses to where they are needed most. 408 In collaboration with other states and territories and local government the Commonwealth Government, NOIA and the NDIS Quality and Safeguards Commission (NDIS Commission) should develop and commit to a coordinated, national emergency management approach that

SUB.100.02450_02_0092

VIC.0017.0500.0092

into Violence, Abuse, Neglect and Exploitation of People with Disability 92

409

410

The

411

improves service responses and protection of people with disability (including non-NDIS participants) most at-risk in emergencies. This work should:

¢ centre co-design as a foundational principle, prioritising the voices and leadership of people with disability, building on individual and community strengths, and being responsive to the diverse experiences, cultural contexts and support needs of people with disability

¢ embed community leadership and a community-based emergency management approach to improve preparedness, response, relief and recovery from emergencies

e articulate roles and responsibilities across sectors, all levels of government and system interfaces, supported by community, disability and emergency management sector capacity building

e develop standards for accessible communications in an emergency that are co-designed and evidence based.

e identify sensitive settings that may require tailored responses (such as SDA)

e¢ implement reciprocal information sharing to support emergency management planning and response, supported wherever possible by consistent language, definitions, data fields, and emergency management terminology

¢ incorporate continuous improvement to capture lessons learnt from previous emergencies, such as COVID-19

e provide flexibility for states and territories to address the specific needs of their local communities.

The Commonwealth Government could consider Victoria’s Community Based Emergency

Management (CBEM) approach“”6 to support the development of a national emergency management approach. The CBEM is a strengths-based approach that provides opportunities for community-based planning, response, relief and recovery processes. It enables communities to better plan for stressors, shocks and emergencies by identifying local strengths, needs and priorities. It also supports collaboration between communities and organisations (such as disability advocacy and support groups) to identify problems and work together to solve them. CBEM empowers local communities to be proactive and more resilient, with the support and perspectives of other communities and organisations.

Concurrent emergencies over the last few years have highlighted the need to ensure people with disability have access to high quality and continuous supports before, during and after disasters. These improvements should form part of any national emergency management approach.

role of the NDIA and NDIS Commission during and after emergencies

Due to COVID-19, the NDIA introduced temporary measures to ensure participants could continue to access supports, including using existing NDIS funds to buy low-cost Assistive Technology, and to pay for meal preparation and delivery. The NDIA should ensure standing capability to quickly mobilise flexible to support for NDIS participants during and after emergencies, where needed. The NDIA could further promote enhanced flexibility in the support packages available for people with disability in the community, including through

Overview. Viewed 2 May 2022, https://www.emv.vic.gov.au/publications/community-based-emergency management-overview.

SUB.100.02450_02_0093

VIC.0017.0500.0093

into Violence, Abuse, Neglect and Exploitation of People with Disability 93

accessible information delivered in a variety of formats such as Easy Read, Auslan, and online.

412 Since 24 January 2022, registered NDIS service providers are required to comply with the

Emergency and Disaster Management NDIS Practice Standard. This Standard includes

specific requirements to ensure providers have disaster preparedness and planning measures in place to enable continuation of critical supports before, during and after a disaster.’””

413 The Victorian Government welcomes this development, noting that the NDIS Commission will need to proactively support service providers to meet these requirements. There may also be opportunities for the Commonwealth Government to provide states and territories with assurances of compliance, and where relevant, provide information to states and territories to support emergency management preparedness and response.

414 During COVID-19, some NDIS providers have had no service continuity plan for emergencies or lacked a plan with sufficient detail. These providers have required significant support and guidance from State health services to develop and activate these plans as well as help with infection prevention and control advice and training, outreach support at a service or site level and workforce continuity and contingency supports. The Commonwealth Government has provided funding to support residential aged care providers improve their infection prevention and control efforts. These supports should be made available at a similar level for NDIS service providers.

Recommendation 40

The Commonwealth Government should collaborate with all jurisdictions to lead development of a national emergency management approach to improve protections and responses for people with disability who are at increased risk before, during and after emergencies.

3.3.2 Improve responses to people with disability wno experience family violence, including children

415 Family violence including sexual violence directed at people with disability, particularly women with disability, is even more prevalent than in the general population.” It is critical that when people’s safety is threatened there are appropriate and tailored service responses available to support them to move to, or otherwise create, safe spaces for themselves and their children.

416 Implementation of disability and family violence response initiatives across all states and territories would assist people with disability to access timely and appropriate disability and family violence crisis accommodation supports, regardless of where they live. Jurisdictions could build on the design and implementation of the Victoria’s Disability and Family Violence Crisis Response initiative (DFV Response Initiative). ’”°

177 National Disability Insurance Scheme (Quality Indicators) Guidelines 2018, ss.18(6)

178 Georgina Sutherland, Anne Kavanagh, Gwynnyth Llewellyn, Sean Byars, Lauren Krnjacki, and Jen Hargrave,

Nature and extent of violence, abuse, neglect and exploitation against people with disability in Australia, draft report, March 2020.

https://providers.dffh. vic.gov.au/disability-and-family-violence-crisis-response.

SUB.100.02450_02_0094

VIC.0017 .0500.0094

into Violence, Abuse, Neglect and Exploitation of People with Disability 94

417 While family violence is often focused on women with disability and their children, children and young people with disability and men with disability also experience family violence. 418 The Royal Commission has heard about the importance of ensuring women with disability and their children experiencing family violence can access timely and appropriate crisis accommodation supports.180 The Victorian Government established the DFV Response Initiative to address these needs. 419 The DFV Response Initiative provides rapid access to brokerage funding specifically for victim survivors with disability181 who need support in a crisis and may require access to crisis accommodation or require immediate disability support to remain safe in the home or community. Crisis accommodation responses will vary depending upon the needs of the woman and her children, and the availability of alternative accommodation options or the ability to remain safely in the home or community. An accommodation response may include a secure women’s refuge, crisis supported accommodation, or it may be motel accommodation in the immediate to short term. 420 The program provides funds to support a woman’s or child’s immediate disability-related needs for a short period while longer term accommodation and supports are explored, including:

• attendant care support for disability related needs such as personal care, shopping assistance, meal preparation or support in providing care of children

• hire of equipment (where their own equipment cannot be accessed) or linkage with the State-wide Equipment Program where appropriate

• sign/Auslan interpreting in cases where the DFFH Interpreter service is not available through the credit line

• transport costs related to disability. 421 The DFV Response Initiative includes funding for a dedicated Disability Liaison Officer who provides specialist advocacy, secondary consultation to Safe Steps Family Violence Response Centre (Safe Steps) staff and the wider sector, and rapid, coordinated access to specialist disability supports, goods and services. 422 Safe Steps administers the Disability Family Violence Crisis Response Initiative with the support of Women with Disabilities Victoria, and Safe and Equal. 423 The Victorian Government recognises the importance of programs like the DFV Response Initiative and provided ongoing funding for this program in the 2020-21 State Budget.

Recommendation 41 Other jurisdictions should fund disability and family violence response initiatives to assist women with a disability access disability and family violence crisis supports. The Victorian Disability Family Violence Crisis Response initiative provides a model for implementation.

180 Refer to …………………………….Statement of Nicole Lee (STAT.0511.0001.0001), 16 February 2022, paragraphs 35-37. Viewed 29 April 2022, https://disability.royalcommission.gov.au/publications/exhibit-17-01101-stat051100010001-statement-nicole­ lee. 181 This includes women with disability and children with disability who are escaping family violence with their mother.

SUB.100.02450_02_0095

VIC.0017.0500.0095

into Violence, Abuse, Neglect and Exploitation of People with Disability 95

3.3.3 Implement witness intermediary schemes

424 Witness intermediary schemes enable people with disability to participate more equitably in the justice system. The role of intermediaries is to assess and facilitate communication between eligible people and the police or courts and to ensure that communication with the witness is as complete, coherent and accurate as possible. Intermediaries help police, lawyers and the judiciary plan their questioning so that the victim can understand, participate, feel more confident, and provide better quality evidence. This improves access to justice and makes the trial fairer and more efficient. In some cases, an intermediary will be the difference between a person with disability being able to participate in the criminal justice system or not participate at all.

425 The Royal Commission into Institutional Responses to Child Sexual Abuse recommended that all Australian state and territory governments should establish intermediary schemes, to be made available to any prosecution witness with communication support needs in a child sexual abuse prosecution. ’®? Additionally, it recommended that each Australian government should ensure its policing agency responds to victims and survivors with disability, or their representatives, who report or seek to report child sexual abuse to police in accordance with a number of principles, including:

e police who conduct investigative interviewing should make all appropriate use of any available intermediary scheme, and communication supports, to ensure that the victim or survivor is able to give their best evidence in the investigative interview

e decisions in relation to whether to lay charges for child sexual abuse offences should take full account of the ability of any available intermediary scheme, and communication supports, to assist the victim or survivor to give their best evidence when required in the prosecution process. 184

426 These recommendations have been implemented by the Victorian Government.

427 Across the country, these schemes take different forms and operate to varying standards. Some states and territories do not have a witness intermediary scheme. Implementation of schemes in each state and territory that follow shared principles would ensure that people with disability across Australia have equal access to high quality assistance and can participate in the justice system more effectively. These shared principles should be developed based on high quality intermediary schemes currently in operation, both within Australia and internationally.

428 The Intermediary Program in Victoria is an example of a highly effective witness intermediary scheme which provides specialist communication assistance and advice. ’** Intermediaries are skilled communication specialists with professional qualifications in speech pathology, psychology, social work or occupational therapy and additional training specific to the justice system.

https:/Awww.lawreform.vic.gov.au/wp content/uploads/2022/04/VLRC_Improving_Justice_System_Response_to_Sex_Offences_Report_web.pdf.

SUB.100.02450_02_0096

VIC.0017 .0500.0096

into Violence, Abuse, Neglect and Exploitation of People with Disability 96

429 In Victoria, intermediaries are available for children and young people, and for adults with cognitive impairment who are giving evidence in sexual offence and homicide court matters. Intermediaries are also available to assist victims and witnesses give their evidence in video and audio recorded evidence (VARE) interviews conducted by the Victoria Police Sexual

Offences and Child Abuse Investigation Teams (SOCIT). The 2021-22 State Budget provided

ongoing funding of $9.9 million over four years for the continuation of the Intermediary Program.

Recommendation 42 Other states and territories should implement high quality witness intermediary schemes that include the following features:

• A role that is independent of the prosecution and defence that effectively operates as a friend of the court.

  • A commitment by state and territory police

  interviews make all appropriate use of intermediary’ forces, thatschemespolice.. whofor eligibleconductwitnesses.investigative - • A skilled and professional intermediary workforce that:

• holds relevant tertiary qualifications (for example, in disciplines such as speech pathology, psychology, occupational therapy and social work)

• has prior professional experience working with people with a range of assistance needs

  • has completed… high quality competency based training and assessment prior to their

appointment as an intermediary (refer to the note at the end of this recommendation)

• is required to meet minimum annual requirements related to role-related continuing professional development and supervision.

  • Mechanisms for program evaluation and ongoing review of practice quality,• including via

feedback from witnesses and other justice system stakeholders.

• Clear practice guidance for intermediaries that articulates expected professional conduct:.,. (including role and responsibilities,“I; ethical.. conduct, conflict of interest, and risk management).

• Ongoing training for justice system stakeholders relating to questioning witnesses with specific communication needs…. Note: At a minimum, this training should include modules related to the intermediary role (undertaking effective assessments, writing well targeted reports, understanding and assisting during the evidence process), the criminal justice system (including principles relating to access

  II, to justice, rule of law,• procedural fairness), court protocols and roles and responsibilities of

parties in criminal proceedings, working with police, best practice investigative interviewing, trauma-informed practice, secondary traumatic stress, and cultural competence.,I

3.3.4 Implement Independent Third Persons programs

430 Implementing Independent Third Persons (ITP) programs across all jurisdictions is a vital step in protecting and promoting the rights of all people with cognitive disability, starting from their first interactions with police. 431 People with disability often experience multiple forms of disadvantage, such as unemployment, poverty, and homelessness. These factors can result in, and exacerbate,

SUB.100.02450_02_0097

VIC.0017.0500.0097

into Violence, Abuse, Neglect and Exploitation of People with Disability 97

contact with the criminal justice system. ’®> This was highlighted in the recent Inquiry into Victoria’s Criminal Justice System, which heard that people with disability are ‘too often subjected to inappropriate punitive measures which can propel them further into the criminal justice system’. ‘®6 People with cognitive disability or impairment are overrepresented in the justice system and may have more difficulty communicating with those working in the system. ‘’®” ITP programs are an important safeguard to support people with disability during police interviews and play a vital role in ensuring the right of people with disability to access justice is protected. 1°

432 The Royal Commission has identified the importance of appropriate safeguards for people with disability within the justice system. ‘°° Victoria’s ITP program, administered by the Office of the Public Advocate (OPA), plays a vital role in supporting people with cognitive disability. ITPs are trained to assist people with cognitive disability to navigate police processes, understand their legal rights and communicate with people in positions of authority. This kind of specialised, independent support means people with cognitive disabilities are better supported to be able to communicate their needs and experiences to police.

433 Support options for people with cognitive disability during police processes vary across other Australian jurisdictions. Implementing ITP programs across all Australian jurisdictions would provide greater nationally consistent safeguards for all Australians with cognitive disability in their interactions with the criminal justice system. Common key features across each ITP program would mean ITPs and members of the police force are better equipped to support people with disability to properly engage with police during a criminal matter. ’%° In Victoria, the Victoria Police Manual and other resources, such as the Ready reckoner — Responding to a person who may have a cognitive impairment, provide guidance to police about supports for people with disability. Adoption of common key features would provide appropriate flexibility for jurisdictions to tailor their ITP program to suit the jurisdiction’s particular needs.

434 The growing need for ITP programs can be seen in Victoria. Within Victoria, OPA has reported an approximate 40 per cent increase in ITP-attended interviews over the past five years — with 2537 interviews attended in 2017-18,‘%’ increasing to 3631 interviews in 2020-—21.19? OPA expects this demand will continue to grow as disability awareness increases amongst the police force and the community more broadly. This growing awareness and understanding amongst police has been anecdotally noted by ITP volunteers, who have also observed that

2020), Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability https://disability.royalcommission.gov.au/news-and-media/media-releases/people-disability-over-represented-all stages-criminal-justice-system.

188 _egislative Council Legal and Social Issues Committee (2022), Parliament of Victoria, Inquiry into Victoria’s criminal justice system, Volume 1, Melbourne: Parliament of Victoria, p 206.

187 Dowse, L, Rowe §S, Baldry E, Baker, M (October 2021) Research Report: Police responses to people with disability, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, pp 4; 78.

188 | egislative Council Legal and Social Issues Committee, Parliament of Victoria, Inquiry into Victoria’s criminal

justice system, p 290.

189 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2020), Criminal justice system issues paper. Royal Commission.

190 | egislative Council Legal and Social Issues Committee, Parliament of Victoria, Inquiry into Victoria’s criminal

justice system.

191 Office of the Public Advocate (OPA) (State of Victoria) (2019), Annual Report 2017-2018, Melbourne: State of Victoria, p 29.

192 Office of the Public Advocate (OPA) (State of Victoria) (2021), Annual Report 2021, Melbourne: State of Victoria, p 43.

SUB.100.02450_02_0098

VIC.0017 .0500.0098

into Violence, Abuse, Neglect and Exploitation of People with Disability 98

people with disability have an increased ability to communicate their experience and understand their rights when supported by an ITP. 435 OPA was allocated $10.704 million over two years in the 2022-23 Budget for guardianship, investigation and advocacy services and to continue its Independent Third Persons program. 436 The implementation of ITP programs across states and territories is an important step in better ensuring all people with cognitive disability are offered independent support from their first interaction with police.

Recommendation 43 Other jurisdictions should implement Independent Third Persons (ITP) programs that include the following key features:

• ITPs that are independent, particularly of that state or territory’s police force and criminal justice system

• appropriate training for ITPs prior to the commencement of their role

• embedded into police practices, with a threshold requirement that the attendance of an ITP is sought during the interview of any person with a cognitive disability who is fit to be interviewed or have a statement taken

• ongoing guidance and training for the relevant state or territory police force. • recruits a wide range of individuals as ITPs to reflect the diverse needs- andL lived

experiences of people with disability.

SUB.100.02450_02_0099

VIC.0017.0500.0099

into Violence, Abuse, Neglect and Exploitation of People with Disability 99

4 Domain 4: Building the capacity and capabilities of mainstream and NDIS workforces

437 The Victorian Government believes that a capable and sustainable workforce across mainstream and disability service systems is critical to ensuring people with disability can access timely, high-quality and safe supports from providers of their choice.

438 Mainstream services need more support to develop workforces that can confidently and capably provide services to people with disability and work effectively with NDIS funded support services.

439 Disability service providers, particularly NDIS service providers, consistently raise workforce challenges as a critical issue. The Victorian disability workforce has grown in recent years to meet increased participant demand following transition to the NDIS, but further workforce growth and development is crucial to realise the benefits of the NDIS.

440 Victoria is likely to require a minimum of 10,000 new full-time workers by 2024193 — while in absolute terms the number of workers will be much higher due to higher rates of non-standard employment (i.e. casual, part-time, or other work) and poor worker retention rates within the disability sector.

441 Increasingly competitive market conditions compound workforce sustainability challenges across the care and support sectors which draw upon similar worker cohorts, including aged care, child and family, mental health and family violence sectors.

442 The COVID-19 pandemic has also exacerbated disability workforce disruption and shortages across the care and support sector workforce. Shortages have resulted in workers drifting away from the disability sector when workers are most needed.

443 The Victorian Government notes and welcomes the agreement made by all Ministers at the June 2022 DRM meeting to work together to develop a comprehensive workforce strategy, including ensuring appropriate supports are provided for participants with complex needs. ’*4

444 In this section, the Victorian Government highlights key opportunities to build the capacity and capabilities of NDIS and mainstream interface workforces by:

e building the capacity, capability and sustainability of the disability workforce

e strengthening NDIS capability for effectively managing the interface of the NDIS with mainstream services

e building the capability of workers across service systems

e considering and implementing the recommendations identified in the interim and final reports of the Joint Standing Committee on the NDIS Inquiry into the NDIS Workforce.

193 Commonwealth of Australia (Department of Social Services) (2021), ND/S National Workforce Plan:_2021—2025, Canberra: Commonwealth of Australia. Viewed 9 May 2022, https://www.dss.gov.au/disability-and-carers publications-articles/ndis-national-workforce-plan-2021-2025.

SMUT NS: 1 MRIS MES. IRI. 2 Sine 2 SS eto e

SUB.100.02450_02_0100

VIC.0017.0500.0100

into Violence, Abuse, Neglect and Exploitation of People with Disability 100

4.1 Building the capacity, capability and sustainability of the disability workforce

4.1.1 National leadership and coordination of NDIS markets and workforce development 445 The Victorian Government welcomed the release of the Commonwealth Government’s NDIS

National Workforce Plan: 2021-2025 (NDIS Workforce Plan). 195 The NDIS Workforce Plan

introduced national measures to address specific workforce challenges, including improving connections between the NDIS and aged care workforce. Continued engagement with all jurisdictions will be necessary to identify opportunities to strengthen national coordination, align effort and develop concrete actions. 446 This engagement will be needed to build capacity and capabilities across the NDIS workforces and to promote national consistency. In this context, the Victorian Government welcomes the DRMs agreement on 17 June 2022 to develop a comprehensive joint workforce development plan. 44 7 From 2016 to 2021, Victoria implemented Keeping our sector strong: Victoria’s workforce plan for the NDIS196 (Keeping our sector strong) to support the Victorian workforce through transition to the NDIS. Now that NDIS transition is complete, Victoria continues to support the development of the disability sector through other Victorian Government jobs and workforce initiatives which may provide learnings for other jurisdictions including:

• increasing the supply of disability workers through Victoria’s $250 million investment to create 10,000 jobs

• promoting employment of people who have experienced long-term unemployment and people from vulnerable or culturally diverse communities

• the establishment of the Victorian Skills Authority 197

• a public campaign, Work that matters, to promote the disability sector.198 448 In addition to the opportunities outlined in this submission, the Victorian Government directs the Royal Commission to the findings and recommendations of the Joint Standing Committee on the NDIS Inquiry into the NDIS workforce (lnquiry). 199 The interim and final reports outline a coherent set of findings and recommendations that would help to address NDIS workforce issues. 449 In particular, the Victorian government highlights the following recommendations (numbers 4-6) from the final report of the Inquiry:

195 Commonwealth of Australia (Department of Social Services), NDIS National_Workforce_Plan:_2021-2025. 196 Department of Premier and Cabinet (State of Victoria) (2016), Kf3.–_pjr,_g QW.$ftp(qr.s(rgng;.Y.(c;t9.r:i_cf$ w_qr_—(Qr.c;!3. plan_for the NDIS, Melbourne: State of Victoria. Viewed 9 May 2022, https://www.vic.gov.au/keeping-our-sector­ strong. 197 For further information, visit )!’j9_t!=/f]?.r:i.§.˜i_l!$.A1Jtti_9r_ity, https://www.vic.gov.au/about-victorian-skills-authority. 198 ‘Work that Matters’ is a workforce attraction and retention campaign for Victoria’s growing disability sector. For further information, visit y1i_q,g_9x,?.LJ.:–::.W.9!.™_tti.št.r:D.›Hœr?.:–::.9.šr:D.P.›Jg_r:i_f?.9 .!JfžŸ-s, https://www.vic.gov.au/work-matters­ campaign-resources. 199 Parliament of Australia, Joint Standing Committee on the National Disability Insurance Scheme (2020), NDIS workforce, Canberra: Commonwealth of Australia. Viewed 9 May 2022, https://www.aph.gov.au/Parliamentary_Business/Committees/JoinUNational_Disability_lnsurance_Scheme/workforc e.

SUB.100.02450_02_0101

VIC.0017.0500.0101

into Violence, Abuse, Neglect and Exploitation of People with Disability 101

e ‘The committee recommends the Australian Government implement a targeted strategy to improve employment opportunities for people with disability within the NDIS workforce specifically, that is co-designed by people with disability and peak bodies.

e The committee recommends that the Australian Government address the funding and resource implications of any new training and upskilling initiatives, in relation to NDIS service providers and individual disability support workers within the sector.

¢ The committee recommends the Australian Government develop and implement a robust strategy to increase and improve opportunities for student placements in the NDIS workforce. The strategy should include strong partnerships with NDIS service providers, universities, TAFEs and other training institutions, and be co-designed by people with disability and peak bodies.’

Recommendation 44

All jurisdictions should consider and implement the recommendations outlined in the interim and final reports of the Joint Standing Committee on the NDIS Inquiry into the NDIS Workforce.

4.1.2 Building workforce supply to meet existing and future demand

450

451

452

453

454

The Victorian Government believes that more needs to be done to build the future pipeline of workers for the disability sector.

National Disability Service’s (NDS) State of the Disability Sector Report 20212°° identified that 70 per cent of NDIS service providers reported problems recruiting support workers (up from 59 per cent in 2020), compared to an average of 27 per cent across all industries.

Action is also needed to ensure the disability workforce is representative of the communities it supports. Further work is required to attract Aboriginal workers to the sector. This will require additional effort to build the capacity of ACCOs and their workers to deliver NDIS supports. Deliberate engagement with people from CALD communities is also critical to attracting and retaining a diverse and representative workforce.

In 2021, both Victoria and the Commonwealth Government implemented public awareness campaigns to promote disability careers.2°’ However, there is a need for more national investment in enduring, long-term campaigns and other initiatives to counteract the high workforce turnover in the disability sector. Campaigns should promote the value of disability support work — not just for the participant or worker but also for communities. Close engagement of service providers will be critical to ensuring promotional efforts are responsive to workforce demand and available job opportunities.

Victoria welcomes actions in the Commonwealth Government’s NDIS Workforce Plan designed to improve the effectiveness of job boards and employment programs to boost disability sector employment. Various employment and training initiatives are underway across

May 2022, https://www.nds.org.au/news/frustration-uncertainty-and-distress-define-the-202 1-state-of-the-disability sector.

201 ‘Work that Matters’ is a workforce attraction and retention campaign for Victoria’s growing disability sector. For further information, visit vic.gov.au.— Work that matters— campaign resources, https://www.vic.gov.au/work-matters campaign-resources; ‘Life changes life’ is a Commonwealth workforce attraction campaign for the care and support sector. For further information, visit Department of Social Services — A Life Changing Life in the care and support sector, https:/Awww.dss.gov.au/about-the-department/news/63551.

SUB.100.02450_02_0102

VIC.0017.0500.0102

into Violence, Abuse, Neglect and Exploitation of People with Disability 102

states and territories, however, these are not coordinated and, as noted at Section 4.1.1: actions are more likely to succeed as part of a more joined-up approach to workforce stewardship.

455 The Disability Workforce Innovation Connectors project,2°? implemented as part of Keeping our sector strong, promoted disability work through direct engagement with schools, career expos, job fairs and employment services. While it was a time-limited project, collaborative efforts to build workforce supply could draw on this example.

Recommendation 45

The Commonwealth Government should collaborate with all jurisdictions to lead a coordinated approach to building the future pipeline of workers for the disability sector that promotes cohesion and avoids duplication.

4.1.3 Invest in strengthening the capability of the disability workforce

456 More joined-up work across all jurisdictions is needed to review the contemporary skills and competencies required by disability workers and build a flexible training system that appeals to students, workers, and employers. These efforts can build on work undertaken in Victoria to improve access to traineeships and implement the Victorian Disability Worker Regulation Scheme (DWRS).2°

457 Disability support workers need the right skills and knowledge for their jobs. However, prospective workers are increasingly reluctant to commit to long term training for jobs that are perceived as undervalued, low paid and unstable. Qualification requirements have softened in the tight labour market, and employers are putting more emphasis on getting the right values and attitudes in their new workers. 2%

458 Employers have also identified that the NDIS pricing arrangements are a barrier to developing the skills of their workforce.2°5 They report that NDIS pricing does not allow for ongoing professional development or adequate non-contact time. Opportunities for professional development and team building help to create an environment where workers feel part of a team and can enjoy the professional and personal benefits that brings.

459 Micro-credentialled training can help build the capability of disability workers and has potential to meet urgent skill needs. Micro-credentials are short and targeted training products, commonly used when inducting new staff on topics such as human rights, recognising and responding to signs of abuse and neglect, and cultural sensitivity. They can also be used as building blocks towards full qualifications. However, collaborative work will be required to

https:/Awww.nds.org.au/index.php/disability-workforce-innovation-project/the-workforce-connector-model.

203 The Victorian Disability Worker Regulation Scheme was established by the Disability Service Safeguards Act

2078 (Vic). It commenced on 1 July 2020 and forms part of the Victorian Government’s ‘zero tolerance’ approach to the abuse of people with disability following the Victorian Parliamentary /nquiry into Abuse in Disability Services.

workers in aged and disability care: Appendix A Disability care sector, Canberra, Australia. Viewed 29 June 2022,

https://agedcare.royalcommission.gov.au/system/files/2020-06/RCD.9999.0236.0013.pdf.

SUB.100.02450_02_0103

VIC.0017.0500.0103

into Violence, Abuse, Neglect and Exploitation of People with Disability 103

develop a common approach to micro-credentialling. Such work will need to consider definitions, accreditation processes and delivery mechanisms. 460 Traineeships are also an opportunity to improve workforce capability. Historically, traineeships have been under-utilised in the Victorian disability sector - employers do not always have the resources to provide on the job support and supervision for trainees. To boost jobs following COVID-19, the Victorian Government funded the time-limited ‘earn and learn’ initiative to improve access to traineeships.206 The ‘earn and learn’ initiative offers employers a coordinated approach to group traineeships. Up to 600 workers will be engaged by service providers to receive training and mentoring from a training provider while on the job. The ‘earn and learn’ initiative reduces the impost on the employer as the recruitment, off-site training and mentoring of trainees is delivered through the training provider. 461 Implementation of the VDWRS is helping to develop a capable disability workforce in Victoria. It also helps to mitigate a potential reduction in the quality and safety of services provided by deregulated workforces while balancing the need for individual control and dignity of risk. Registration with the VDWRS is designed to promote a sense of professional identity and encourage continuous professional development. The VDWRS regulates both registered and unregistered disability workers, providing an additional safeguarding measure for people with disability accessing disability services.

4.1.4 Progress reforms aimed at raising the pay, conditions and work value of the disability workforce and improve gender equity 462 This submission has highlighted that jobs in the disability sector are undervalued, low paid and lacking stability (perceived and actual). There is an opportunity to progress industrial relations and other reforms to address these issues. 463 Nationally, there were approximately 270,000 workers across 20 occupations employed in 2020 by National Disability Insurance Scheme providers. Noting that not all of these occupations and roles will be disability support workers, this number is nevertheless expected to grow to over 350,000 by 2024.207 In Victoria, there were estimated to be 65,000 workers employed in 2020, with this number forecasted to grow to between 74,000 and 83,000 by 2024.208 464 As identified by a 2019 Victorian Department of Health and Human Services’ consultation paper, the disability workforce is heavily casualised, ageing and generally lower paid than other care services.209 As such, it is important that the pay and conditions of the workforce ­ many of whom are covered under the Social, Community, Home Care and Disability Services Industry Award 2010- are considered as part of efforts to build workforce capacity, sustainability and service quality. 465 In particular, work value can be a key driver of workers’ choices to undertake training to enter the sector or to stay in the sector long term. The Victorian Government recently made a submission to the Fair Work Commission’s Work value case - Aged care industry, which was

206 For further information on the ‘earn and learn’ program, visit Jobs Victoria_-Earn and_ learn, https://jobs.vic.gov.au/help-for-jobseekers/skill-and-training/earn-and-learn. 207 Commonwealth of Australia (Department of Social Services), NDIS National_Workforce_p/an:_2021-2025. p 8. 208 Commonwealth of Australia (Department of Social Services), NDIS National_Workforce_Plan:_2021-2025. p 13. 209 Victorian Department of Health and Human Services, Disability Worker Regulation Scheme proposed regulations

• Consultation paper, December 2019, p 10.

SUB.100.02450_02_0104

VIC.0017.0500.0104

into Violence, Abuse, Neglect and Exploitation of People with Disability 104

supportive of an appropriate increase (or series of increases) to minimum award wages as contemplated by the Final Report of the Royal Commission into Aged Care Quality and Safety, appropriately funded by the Commonwealth Government.2“° While this work value case necessarily has an aged care focus, the practical impact will be felt across other sectors, including disability.2“

466 In the context of overlapping issues between the ageing and disability sectors, there is a corresponding need for workforce regulation and policy to be consistent between them.?’2 This is especially the case when there is a need to manage competition between sectors to attract and retain a skilled care workforce, noting that the relative renumeration levels are an important driver of employment choice.

467 Across the disability sector there remains a substantial workforce gender imbalance, with 69 per cent of workers being women and 31 per cent men.?’? Between 2014 and 2021, based on total remuneration, the gender pay gap in the health care and social assistance sector — which includes the disability workforce — has only changed by 0.9 percentage points, from 16.4 per cent in 2014 to 15.5 per cent in 2021.

468 The Victorian Government is strongly supportive of gender pay equity in the workplace and addressing the gender pay gap so that work in female dominated sectors is properly and fairly valued. This also involves addressing the wages gap that exists between care and community sector workers and workers performing equivalent functions in different sectors or locations.

469 The incoming Federal Government made a range of election commitments relating to gender and pay equity in the workplace including making gender pay equity an object of the Fair Work Act 2009 and strengthening the ability and capacity of the Fair Work Commission to order pay increases for workers in low paid, female dominated industries.2‘* The implementation of these commitments will likely have relevant impacts for the disability sector workforce and employers.

4.2 Building the capability of workers across service systems

4.2.1 Building the capability of workers across the health and community service systems

470 The Victorian Government is committed to building a disability-confident and inclusive workforce across mainstream health and community service systems. Improving the capability of workers across service systems is a priority reform area in Inclusive Victoria and key to

industry, https:/Awww.fwc.gov.au/documents/sites/work-value-aged-care/submissions/am202099-63-65-sub-vicstate 110422 pdf.

211 This would include changes not just to the Aged Care Award 2010, but also the Nurses Award 2010 and the Social, Community, Home Care and Disability Services Industry Award 2010.

Commonwealth of Australia. Viewed 29 June 2022, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/AgedCareWorkforce45/Re port.

213 Victorian Disability Workforce Environment Scan for 2022, National Disability Services Victoria, February 2022.

jobs-plan.

SUB.100.02450_02_0105

VIC.0017.0500.0105

into Violence, Abuse, Neglect and Exploitation of People with Disability 105

building genuine inclusion and improving outcomes for people with disability.2‘5 The Victorian Government welcomes ongoing collaboration with the Commonwealth Government, states and territories to drive this work forward.

471 Implementation of Victoria’s Mental Health and Wellbeing Workforce Strategy 2021-24 2’6 will build the skills, knowledge and capabilities of the mental health workforce as a priority. The Department of Health (DH) has also developed the Victorian Mental Health and Wellbeing Workforce Capability Framework (Capability Framework).2“” It incorporates a focus on building the capability of mental health workers to engage with a diverse range of consumers, families and communities, including people with disability. DH will implement the Capability Framework over 2022-23 and continue to consider how best to build capabilities across the mental health workforce.

472 The Victorian Government is building workforce capability in the child and family services sector. Through the new Family Services Specialist Disability Practitioner program, the Victorian Government has funded ACCOs in eight DFFH areas to build disability inclusion and NDIS capacity across the child and family services sector.2®

473 Family services specialist disability practitioner roles have been established to build both disability and NDIS expertise across the community-based family services system. The roles assist vulnerable children and parents with disability to access disability supports and participate effectively in the NDIS.

474 The roles build capacity across family services by providing disability-related case consultations to the broader family services system within each DFFH area. The secondary consultation role aims to support practitioners working in family services to maximise the disability supports and outcomes for children with disability now available through the NDIS.

475 The Disability Liaison Officer program also continues to help to address the health needs of Victorians with disability accessing the health system. Disability Liaison Officers assist with coordinating health care for people with disability and provide education and resources to patients, families and carers, disability workers and health professionals.

4.2.2 Capacity building of workers in mainstream services

476 The value of NDIS supports and the holistic wellbeing of the individual can only be maximised where there is effective coordination of NDIS and mainstream services. Workers in mainstream service settings need a strong understanding of disability, including the social model of disability, and the knowledge and capabilities to work in partnership with the NDIS to optimise outcomes for their clients.

477 Building the capability of workers in mainstream services to navigate NDIS processes, gain appropriate supports and provide effective coordination continues to be a challenge. These challenges are most apparent where a person with disability has complex needs and

health-workforce-strategy. 217 Department of Health (State of Victoria), Victoria’s mental health and wellbeing workforce strategy 2021-2024.

218 State of Victoria, Victorian Government response to Counsel Assisting Submissions following Public hearing 8 and Public hearing 16, February 2022, pp 24-25.

SUB.100.02450_02_0106

VIC.0017.0500.0106

into Violence, Abuse, Neglect and Exploitation of People with Disability 106

circumstances and needs to access support across a number of systems (particularly health and justice). Difficulties in identifying and coordinating appropriate NDIS supports places additional pressure on state services for longer than necessary and often exacerbates crisis situations. 478 The Victorian Government made significant investments to support mainstream services to prepare for the transition to the NDIS, including supporting training and development across the health and community services sector. Current targeted investments, outlined at paragraph 447, are focusing on building capacity at the service delivery level.

4.2.3 Invest in training of NDIS planners and support coordinators 479 Insufficient NOIA investment in training of NDIS planners and support coordinators is resulting in an increased reliance on state resources to lead and coordinate the service response where there is complexity in a child or family’s circumstances. 480 NDIS planners and support coordinators often receive inadequate support from their own management structures in managing complex and crisis situations. This can result in the state playing a role in liaising with stakeholders and negotiating NDIS plan outcomes. These situations frequently place participants at risk while a solution is worked through and can cause placement breakdown for children or breakdowns in support services and/or accommodation for adults. The NOIA needs better systems to manage crisis situations for participants and the capacity to review the level of supports required to respond to changes in a participant’s circumstances. 481 A framework for training of NDIS planners and support coordinators is needed to clarify expectations of the role, and to support professionalisation and the development of industry standards for this role. The framework should be backed by increased NOIA investment in ongoing training for NDIS planners and support coordinators to improve planning consistency and effectiveness, and enhance interactions with mainstream interfaces, including justice, health and child and family services. 482 The NOIA training should be developed in collaboration with mainstream service representatives and co-designed with people with disability. It should be supported by practice guidance for planners and support coordinators. It should also include strategies for management of complex client situations, and family violence prevention, identification and response.

Recommendation 46 The NOIA should work with mainstream service representatives to develop training for NDIS Planners and Support Coordinators - including strategies for management of complex client situations and family violence prevention, identification and response.

4.2.4 Invest in attracting and retaining behaviour support practitioners 483 Evidence from the NDIA’s 2021 behaviour support thin market trials, data on plan under­ utilisation of behavioural supports and the high number of reportable incidents relating to the unauthorised use of restrictive practices, suggest unmet needs and thin markets for behaviour supports, particularly in regional and rural areas.

SUB.100.02450_02_0107

VIC.0017.0500.0107

into Violence, Abuse, Neglect and Exploitation of People with Disability 107

484

485

486

Prior to transition to the NDIS, the Victorian Government had already identified a critical gap in the supply of specialist behaviour support practitioners. This gap was compounded by an increase in NDIS service providers implementing behaviour support plans, many of whom had not provided disability services previously and had no understanding of positive behaviour support and restrictive practices.

Thin markets in the complex needs and behaviour supports market can result in long waiting lists for access to appropriate supports, missed opportunities for early intervention, higher risk of family breakdown for families with children and young people with complex needs, increased risk of offending for people with disability in the criminal justice system, and poor quality or inappropriate supports that may increase behaviour support needs.

The Commonwealth Government, in collaboration with states and territories is implementing

the National Action Plan for Developing the NDIS Specialist Behaviour Support Market in

2021-22, which includes measures to build behaviour support provider and practitioner capacity and increase the delivery of behaviour supports. In addition to these measures, Victoria is seeking further action in the following specific areas:

¢ Commonwealth Government efforts to strengthen workforce supply should include increased investment in incentives to attract, retain and register skilled behaviour support practitioners, including practitioners skilled in working with justice clients, older people, and families, children and people with complex needs.

e NDIS pricing for behaviour supports should be reviewed with consideration to the costs associated with regulatory compliance and reporting, and worker training and upskilling based on the capability framework.

Recommendation 47

The NDIA should collaborate with all jurisdictions to increase investment in, and develop ways to attract and retain, skilled behaviour support practitioners — particularly in regional areas.

SUB.100.02450_02_0108

VIC.0017.0500.0108

into Violence, Abuse, Neglect and Exploitation of People with Disability 108

5 Domain 5: Using data and research to deliver better outcomes

487 The disability sector has continued to be challenged by a lack of comprehensive data that illustrates the experience and outcomes of people with disability. Indeed, this shortfall in data has been a consistent theme throughout the Royal Commission’s public hearings. 488 Implementation of the NODA is expected to provide a comprehensive data set on how people with disability access and use government services across jurisdictions and portfolios. The NODA will enable evidence-based policy development using data sources not available previously. However, more work is needed to maximise the information captured by the NODA and make it available across service systems. 489 Policy development is also driven by quality research. National investment in research, underpinned by quality data, is critical to developing effective policy solutions. Research can support the development of responsive and inclusive assessment tools, services and supports, build workforce supply and capability, and understand market needs. The Victorian Government continues to invest in innovative research and partnerships, but national leadership and investment is required to maximise the benefit of this work. 490 In this section, the Victorian Government highlights key opportunities to improve outcomes for people with disability by:

• improving the collection and use of data, including through the continued development of the NODA

• strengthening evaluation and outcome measurement

• prioritising investment in research. 5.1 Improving the collection and use of data 491 The Royal Commission’s interim report notes that a ‘constant theme has been the need for reliable data’. 219 There is a need to improve the collection of data about people with disability and the services they access. There is also a need to refine approaches to sharing, collating, and analysing collected data. 492 People with disability access a range of services across Commonwealth Government, state and territory service systems, such as the NDIS, health, mental health, housing, education, transport and justice. However, there is no nationally consistent approach to collecting, sharing, compiling and analysing data across these systems. The lack of a nationally consistent approach limits the use of data to inform regulation and the development of policy and programs, including initiatives that respond to intersectional disadvantage and inequality.220

219 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2020), Interim Report, Sydney: Royal Commission. 220 In Australia, the key sources of data collected about people with disability are usually from national population surveys, such as the Australian Bureau of Statistics Survey of Disability, Ageing and Carers or data obtained during the delivery of a service or program - such as NDIS services or mainstream services that identify individuals with disability. Using data from these sources to inform policy development and service design is hampered by several limitations. Existing population surveys collect limited data on subpopulations with the broader disability population.

SUB.100.02450_02_0109

VIC.0017.0500.0109

into Violence, Abuse, Neglect and Exploitation of People with Disability 109

493 Additionally, the most recent estimate of the size of the disability support workforce in Victoria was completed in 2016, at the beginning of the transition to the NDIS.221 However, there has been no national process to maintain a current estimate of the size of the workforce. The lack of workforce data impedes policy analysis of the impacts of workforce issues and has flow-on effects for people with disability and affected service systems. 222

494 The Australian Institute of Health and Welfare’s People with disability in Australia report?“? identifies three measures to improve the availability of data on people with disability:

e bring together existing data sources to provide a coherent whole-of-system view

e improve the quality and comparability of data sources by addressing gaps and inconsistencies, particularly through the adoption of consistent definitions and identification of people with disability

e establish data linkages to incorporate additional information and address gaps or inconsistencies, such as the identification of subpopulations within the disability community.

495 To address these challenges, the Commonwealth Government has been working with states and territories to develop an enduring and longitudinal NDDA. The NDDA will improve the capacity to understand a person’s engagement and outcomes across government services. It will also help identify cohorts within the disability population at increased risk of harm and better understand their experience and outcomes using services.

496 The NDDA will incorporate and link datasets from multiple levels of government. It will provide a person-centred view of how people with disability access services, payments and programs across Commonwealth Government, state and territory service systems.

497 It will be important that the information, insights and appropriately aggregated and anonymised data is made available to people with disability and their representative organisations. Accordingly, the Victorian Government strongly supports the prompt implementation of the NDDA, which is currently being negotiated with the Commonwealth Government and states and territories. AS per recommendation 30, the Victorian Government recommends the funds accumulated in the NDIS previously proposed for an NDIS Reserve Fund should be used to support the enduring NDDA.

498 However, there remains a need to improve the quality and comparability of data across systems by adopting consistent definitions and identifying people with disability in mainstream service data collections. Improving the early identification of people with disability in mainstream services will help to ensure that people are provided with the right supports and adjustments at the earliest point.

222 This limits access to disaggregated and detailed data on diversity within the disability population. Data collected by disability services and programs only reflect the users of those services and may not be reflective of the broader disability population. In addition, mainstream services may not separately identify people with disability at the point of data collection.

223 Australian Institute of Health and Welfare (AIHW), People. with disability in Australia: Disability discrimination.

SUB.100.02450_02_0110

VIC.0017.0500.0110

into Violence, Abuse, Neglect and Exploitation of People with Disability 110

Recommendation 48

The Commonwealth Government and state and territory governments should jointly develop a comprehensive and nationally consistent approach to data collection, including data definitions/specifications, sharing and analysis. It should build on the achievements of the National Disability Data Asset pilot in successfully developing a person-centred understanding across service systems.

5.2 Evaluation and outcomes measurement

499 Itis imperative that the effectiveness of governments’ collective investments in building a more inclusive community and delivering the individual supports required by people with disability are regularly evaluated and assessed. This involves measuring and monitoring the outcomes for people with disability across jurisdictions and service systems, and quantifying the impact investments have created in peoples’ lives. Reporting must move beyond tallying-up the level of effort and resources expended.

500 The outcomes of investments and programs are a key determinant in understanding the effectiveness of existing service design or the presence of unanticipated challenges or barriers to accessing supports. The ongoing monitoring of outcomes should guide decision-making on updating the design and implementation of service systems in concert with the latest evidence.

501 The development of a national outcomes framework would enable improved evaluation of progress against actions outlined in ADS, support greater alignment of effort across jurisdictions and provide clear evidence of the need for future action and investment.

502 In line with the Victorian Government’s state disability plan outcomes framework, measurements and indicators must be co-designed with people with disability to ensure their relevance and impact.

503 However, the ability to monitor outcomes is dependent on the availability of high-quality information that demonstrates the impact on the lives of people with disability. This is why

5.3 Investment in research to inform best practice service design and delivery

504 Qualitative and quantitative research is key to understanding the diverse needs, experiences and challenges faced by people with disability. Good research can drive more inclusive and

culturally responsive service delivery. However, an audit of Australian disability research conducted by the University of Sydney found that existing research is often small scale,

SUB.100.02450_02_0111

VIC.0017.0500.0111

into Violence, Abuse, Neglect and Exploitation of People with Disability 111

fragmented and poorly integrated into policy and practice.224 The Mapping disability research in Australia 2018-2020 report? also identified significant gaps in the research literature.226

505 The National Disability Research Partnership (NDRP) is a significant opportunity to address research gaps. The NDRP will help to direct investment to where it is most needed. Once the NDDA is fully implemented, the NDRP will be well placed to leverage datasets from across all levels of government-funded services, including the NDIS. Leveraging these datasets has the potential to drive service and practice improvement.

506 Ongoing investment in research should target projects designed to improve outcomes for people with disability and consider the evidence gaps identified by the Royal Commission. There is a need for increased investment in research to improve practice, assessment tools, culturally responsive and appropriate service design, early identification of people with disability across service systems, and intersectional policy responses. In addition, there is a need for greater investment in research to support the development of practice guidance and targeted interventions for people with complex needs, including those with behaviours of concern which may lead to involvement with the criminal justice system. There is also a need for systematic research on behaviour support and restrictive practices to support the reduction and elimination of restrictive practices.

507 People with disability can make a significant contribution to the design and delivery of research — as researchers and academics in mainstream settings and as renumerated peer researchers in co-design research projects. For example, the More than ticking a box research project included LGBTIQ+ people with disability as peer researchers alongside academic researchers.’ The project highlighted that inclusion of people with lived experience is essential to driving better policy, practice, and research.?28 The NDRP can build on this example and consider how funded projects can genuinely include people with disability at all stages of the research process, including design, data collection and analysis, writing and dissemination.

https://apo.org.au/node/3 16397.

226 Including: lack of research on Aboriginal and Torres Strait Islander people with disability and their communities; people with disability in rural, regional and remote communities; culturally and linguistically diverse communities and people with disability; violence, abuse and discrimination; accessible technology design and testing; disability housing (equity, accessibility and inclusion); intersection between ageing and disability; Australian policy and services in relation to responsibilities under the CRPD; and, research that sits outside of traditional disability-related academic domains.

227 O’Shea, A., Latham, J., Beaver, S., Lewis, J., Mountford, R., Rose, M, Trezona, A., Frawley, P. (2020), More than

2022, https://int.deakin.edu.au/project/more-than-ticking-a-box-lgbtiqa-people-with-disability-talking-about-their-lives. 228 O’Shea, A., Latham, J., Beaver, S., Lewis, J., Mountford, R., Rose, M, Trezona, A., Frawley, P., More than_ticking

SUB.100.02450_02_0112

VIC.0017.0500.0112

into Violence, Abuse, Neglect and Exploitation of People with Disability 112

6 Domain 6: Quality and safeguards

508 Recent inquiries??? have highlighted the need for more proactive safeguarding measures and earlier identification of people with disability who may be at increased risk of harm. In addition to addressing negative attitudes towards people with disability, the Victorian Government believes this work should include a focus on empowering people with disability to stand up for their rights and building the capacity of service providers to recognise and prevent abuse. Measures should include rigorous compliance activity as well as advice and guidance on upholding the rights of people with disability, and appropriate responses for people at increased risk of harm.

509 The Victorian Government supports recent work by the NDIA to improve its identification of people with disability at increased risk of harm, and work by the NDIS Commission to improve its compliance activities with service providers, but more should be done. This includes the NDIS Commission taking a more proactive approach to identifying people at-risk of harm and taking deliberate steps to confirm their ongoing safety and wellbeing as well as actively uncovering undesirable or harmful practices by service providers.

510 Victoria welcomes ongoing collaborative work with other jurisdictions to implement the Safety TAP and support delivery of outcomes under the ADS. Actions in the Safety TAP will help strengthen quality and safeguarding arrangements at the national level and the design of government service systems and supports.

511 Alongside this work, the Commonwealth Government is considering opportunities to align regulation across the disability, aged care and veterans’ care and support sectors. This may create efficiencies, but care must be taken to ensure that existing protections and safeguards under the NDIS Act are not diminished.

512 The forthcoming review of the NDIS, scheduled to commence in late 2022, presents an opportunity to identify any areas where the Quality and Safeguards Framework (Q&S Framework) is not working as intended, to fix quality mechanisms that are not working or where safeguarding gaps and/or duplication is identified. There may also be opportunities to adapt identified strengths of the Q&S Framework for application to other sectors where these safeguards do not exist or exist in a reduced form.

Adelaide: Government of South Australia. Viewed 9 May 2022,

https://dhs.sa.gov.au/__data/assets/pdf_file/0003/94440/Safeguarding-Task-Force-Report-September-2020-.pdf;

ph Ne Are Fro eail T hd seM DLE Rll ete AS coed RA NA hed i i ld pase ALi lS a ALE BERL KA 8 sla

https:/Awww.aph.gov.au/Parliamentary_Business/Committees/Join/National_Disability_Insurance_Scheme/QS_Com mission.

SUB.100.02450_02_0113

VIC.0017.0500.0113

into Violence, Abuse, Neglect and Exploitation of People with Disability 113

6.1 Strengthening safeguards and protection of people with disability at increased risk of harm

6.1.1. Delivering quality services that uphold the rights of people with disability 513 All people with disability have the right to access quality services, free from violence, abuse, exploitation and neglect.2°° People with disability also have the right to control what happens in their home, make decisions, take risks, and direct how supports are delivered and by whom.2*’ People with disability have these rights at home (regardless of the setting) and in the

community, including when they access disability services and supports. Quality service provision upholds and promotes these rights.

514 As the Royal Commission has heard, supporting a person’s dignity of risk while also meeting a duty of care is not always easy. During Public Hearing 20, service providers struggled to support Sophie’s desire to explore and develop friendships and intimate relationships and accommodate Natalie’s preference of how her personal care supports are delivered. However, service providers must not shy away from these challenges.?°2

515 The NDIS Commission has a key role in providing information and guidance to NDIS service providers to drive continuous improvement and high-quality services that uphold and promote people’s rights. Providing comprehensive guidance and building the rights literacy of service providers is critical to ensure the learning from these case studies is applied across the sector, and that NDIS service providers understand and can meet their obligations under the NDIS

Practice Standards. ?°9

230 State of Victoria, Victorian Government response to the Rights and attitudes issues paper. 231 State of Victoria, Victorian Government response to the Rights and attitudes issues paper.

232 The Royal Commission has examined several case studies where the rights of people with disability to live free from violence, abuse, neglect and exploitation, and the right to exercise choice and direct their lives, were not upheld, or supported by service providers. In some cases, freedoms were significantly curtailed. For example, in the Submissions of Counsel Assisting following Public hearing 20, Sophie expressed her strong desire to explore and develop friendships and intimate relationships with others. However, her service provider did not support this goal, and instead put-up barriers to Sophie’s finding and developing relationships. In doing so, the service provider substantially increased the risks Sophie faced in pursuing her goals. The Royal Commission also heard how Natalie was only comfortable receiving personal care from female support workers and that this was communicated to her service provider from the outset. However, this clear preference was repeatedly ignored. Personal care was often provided by male support workers and Natalie’s family were not always advised when this occurred. There was also evidence of how Robert’s ‘greatest pleasure in life is having a spa bath’ which he found to be calming, yet in 2017, Robert was prevented from being able to have a spa bath for months while it remained inoperable due to repairs not being organised by his service provider.

233 The NDIS Practice Standards and Quality Indicators include the following outcomes: ‘Person-centred supports: Each participant accesses supports that promote, uphold and respect their legal and human rights and is enabled to exercise informed choice and control’; ‘The provision of supports promotes, upholds and respects individual rights to freedom of expression, self-determination and decision-making. Independence and informed choice: Each participant is supported by the provider to make informed choices, exercise control and maximise their

Commission, pp 4-6. Viewed 9 May 2022, https://www.ndiscommisInterion.gov.au/document/986.

SUB.100.02450_02_0114

VIC.0017.0500.0114

into Violence, Abuse, Neglect and Exploitation of People with Disability 114

Recommendation 49

The NDIS Commission should provide comprehensive guidance to NDIS service providers to improve understanding of person-centred service delivery whereby supports are delivered in a way that promotes choice and control and upholds and respects individual rights to freedom of expression, self-determination and decision making. This could form part of an induction package for new providers.

6.1.2 Preventing violence, abuse, neglect and exploitation

516 The 2016 Victorian Parliament Family and Community Development Committee’s Inquiry into

abuse in disability services (Parliamentary inquiry)?** emphasised that ‘people with disability are not a homogenous group, and that approaches to abuse prevention need to focus on how a diverse range of factors can contribute to the likelihood of a person with disability experiencing abuse.2°5

517 Similarly, several recent inquiries have identified gaps in safeguards for particular cohorts of people with disability when examining the effectiveness of the NDIA and the NDIS Commission in carrying out their functions under the NDIS Act.

518 The South Australian Safeguarding Taskforce Report (Taskforce Report) described gaps in safeguarding arrangements for people with disability living in South Australia following the death of Ms Ann Marie Smith on 6 April 2020 due to neglect.?*° It identified that while the current model of service delivery under the NDIS works well for many NDIS participants, a smaller group of NDIS participants may be at increased risk of neglect, abuse and coercion due to lack of appropriate supports and safeguards.

519 The Taskforce Report noted that a range of factors can increase vulnerability. These include social isolation and lack of external systems and checks from NDIA support coordinators; the NDIS Commission’s inadequate quality vetting processes and limited capacity to respond to concerns about individuals.

520 The Taskforce Report found ‘significant flaws in the current system of safeguarding’.2?“ It identified that the NDIA had limited capacity to identify NDIS participants who may be at risk of harm;238 that the NDIS Commission ‘does not routinely undertake proactive inspections to vet the performance of service providers’;°° and, that the NDIS Commission ‘does not routinely

eget caiad wu cinco s eae sete cree ulwmaiselen nase Uelals + cialaainee aa sews ain eainiajeaceecieet?,

1 June 2022, https:/Awww.parliament.vic.gov.au/file_uploads/FCDC_ _Inquiry_into_abuse_in_disability_services_HtW3/7zof.pdf.

Adelaide: Government of South Australia. Viewed 9 May 2022,

https://dhs.sa.gov.au/__data/assets/pdf_file/0003/94440/Safeguarding-Task-Force-Report-September-2020-.pdf.

p13

SUB.100.02450_02_0115

VIC.0017.0500.0115

into Violence, Abuse, Neglect and Exploitation of People with Disability 115

share information with the NDIA when participants may be at risk because a service provider is under investigation’ .24°

521 The Robertson Review also considered the NDIS Commission’s oversight of NDIS supports and services provided to Ms Smith.*41 The Robertson Review made similar recommendations to enhance protections for NDIS participants, including better identification of people at increased risk of harm or neglect and the need for more proactive safeguarding mechanisms.

522 The Victorian Government is also concerned that conflicts of interest may arise in situations where people receive services from a single provider, and without independent support they may be unable to exercise choice and control about the services they receive. Examples, of such potential conflicts of interest include where a person receives support coordination services from their Supported Independent Living (SIL) provider, or where a proprietor of an SRS also delivers NDIS services to their residents.

523 DFFH has engaged NOUS group to undertake a review of the SRS sector in Victoria which will include consideration of the role of SRS in the broader housing and human services landscape, and future investment options for the government regarding the SRS sector and the cohort of people it currently supports.

524 The Victorian Government is also concerned that people may be reluctant to raise concerns about the quality of support services being provided if they perceive that this may result in the withdrawal of supports and/or if alternative service providers may not be available. This circumstance can present a disincentive to make complaints or reports placing the participant at ongoing risk due to poor service quality and is particularly likely where there are thin service provider markets.

525 The Victorian Government supports steps that the NDIA and NDIS Commission have taken in response to these inquiries to help prevent abuse and neglect, including comprehensive ‘check-in’ processes for participants identified as at increased risk of harm. Victoria also supports the NDIS Commission’s increased compliance activity targeting service providers delivering supports to people who live alone in their own home and receive support from a single worker. It is critically important that the NDIA and NDIS Commission continue to strengthen and embed these measures in their standard practices, along with further developing their capacity to analyse and identify emerging trends in the information received.

526 The Safety TAP developed to support implementation of the ADS, provides an important opportunity to progress collaborative work across jurisdictions to address the safeguarding gaps identified by recent inquiries, and to strengthen the design of government service systems and the supports they provide for people with disability at risk of harm.

527 The Parliamentary Inquiry also found that more effective safeguards and oversight measures in respect of the disability workforce were needed. In response, the Victorian Government established the DWRS and the Victorian Disability Worker Commission (VDWC)?4? and

es gel feaae aea ef e ehe ew alla elle a ele ala oes oleae pa lelalel rere eee atta mle ni WalaeloteNele =)atels) aim (otele wie (arelesere eteiala ale Bie gniere eae ele ieieela a) ve Waeleteteile a(olofe wee lnlnte nie foie lelslove safer assleacemeimielie ie

SUB.100.02450_02_0116

VIC.0017.0500.01 16

into Violence, Abuse, Neglect and Exploitation of People with Disability 116

Disability Worker Registration Board?** as regulators to promote safety and quality for all Victorians with disability, regardless of how their services are funded.

528 NDIS participation covers a relatively small cohort of people with disability, and it is important that non-NDIS participants also have access to safe disability services. The DWRS covers both NDIS and non-NDIS disability workers and fills a gap by providing protections to non NDIS participants. This represents most Victorians with disability who access support services. The DWRS may refer matters to the NDIS Commission for issues identified with an NDIS worker that fall within its jurisdiction.

529 The DWRS promotes the quality, safety, responsiveness, and sustainability of the disability workforce by providing an independent complaints process, and the regulation of both registered and unregistered disability workers. Registered workers are regulated by the Board, and unregistered workers are regulated by the Commissioner.

530 The DWRS also provides for the voluntary registration and regulation of disability workers and will see development of accreditation and regulation standards over time to promote professionalisation.

531 The Victorian Government is committed to preventing abuse of people with disability and continues to make improvements to its regulatory framework for social services. Current reforms underway to social services regulation? will establish a modern and fit-for-purpose regulatory framework administered by an independent regulatory body. This will better support safe service delivery and service users’ human rights, including freedom from harm, neglect and abuse.

6.1.3 Alignment of best practice regulation across sectors

532 The Commonwealth Government has indicated its intention to align the regulation of federally funded services across the aged care, disability services and veterans’ care and support sectors.245 Alignment could make it simpler for service providers and workers to deliver care and support across different sectors, support the provision of services and improve workforce supply in thin markets. However, it is imperative that any work to align quality and safeguarding regulation across the care and support sectors does not result in a diminution of the quality and safeguards already in place for NDIS participants under the Q&S Framework.

533 Two elements of the Q&S Framework that currently exceed protections in the aged care and veterans care and support sectors include nationally consistent NDIS worker screening and regulation of restrictive practices.

534 The regulation of restrictive practices under the Q&S Framework has seen the implementation of national minimum standards and is the first time that a national regulatory regime has been in place to oversight the rights of people subject to restrictive practices. Victoria contributed its experience in regulating restrictive practices to the development of the Q&S Framework,

Seals fereecennaler™ sinleelaiete tres cioied

programs/aligning-regulation-across-the-care-and-support-sectors.

SUB.100.02450_02_0117

VIC.0017.0500.0117

into Violence, Abuse, Neglect and Exploitation of People with Disability 117

advancing positive elements for inclusion in the design of the national regulatory arrangements. These included a mature oversight mechanism which required the development of Behaviour Support Plans (BSPs) and authorisation of the use of restrictive practices. Victoria currently meets and exceeds the NDIS Commission’s national minimum standards for authorisation of restrictive practices.46

6.2. Implementation of the NDIS Quality and Safeguarding

Framework

6.2.1 Use of unregistered providers for Supported Independent Living

535 The Victorian Government believes that use of unregistered providers for 24-hour SIL places people at risk, especially when combined with inadequate risk assessment of a person’s vulnerability during the NDIA’s planning process (see Section 3.2.5: Improve identification and

536 Since the NDIS trial in 2013, the Victorian Government has maintained that there must be no diminution of quality and safeguards for Victorian people with disability as a result of the NDIS. That is why the Victorian Government agreed to continue oversight of NDIS funded services during the NDIS transition period until the NDIS Commission was established and sufficiently resourced to undertake its functions.

537 Transition to the NDIS Quality and Safeguarding Framework occurred on 1 July 2019. The Victorian Government continues to work closely with the NDIA and the NDIS Commission to implement the framework. However, the Victorian Government is concerned about anecdotal evidence of a growth in the number of unregistered NDIS providers who are delivering 24-hour SIL supports”4’.

538 Unregistered NDIS providers are subject to reduced oversight by the NDIS Commission under the Q&S Framework. Under the previous Victorian Government system, SIL providers had to maintain registration under the Disability Act and were subject to oversight of the Human Services Regulator and ongoing monitoring by DFFH, including worker screening and critical incident reporting. 248

Recommendation 50

The forthcoming review of the NDIS should consider restricting the use of unregistered NDIS providers for supported independent living supports.

https://services.dffh.vic.gov.au/community-visitors.

24721 per cent of payments for daily activities delivered to participants who received Supported Independent Living were paid to unregistered providers (NDIA, NDIS Quarterly Report to disability ministers: Quarter 3 2021-22, Geelong: NDIA. Viewed 10 June 2022, https:/Awww.ndis.gov.au/media/4466/download?attachment.

248 Unregistered NDIS providers only are required to comply with the NDIS Code of Conduct and complaints management obligations. For further information, visit NDIS Quality and Safeguards Commission — Unregistered provider obligations, https://www.ndiscommission.gov.au/providers/unregistered-providers.

SUB.100.02450_02_0118

VIC.0017.0500.0118

into Violence, Abuse, Neglect and Exploitation of People with Disability 118

6.2.2 Information sharing between regulatory agencies

539 The Taskforce Report identified the importance of information sharing between Commonwealth and state and territory governments, particularly the sharing of information between the NDIS Commission and state and territory governments. The exchange of information is vital for services that are jointly regulated by the NDIS Commission and state and territory governments under the Q&S Framework, or where regulation by state and territory governments and the NDIS Commission intersects (for example in Victoria, NDIS funded services for participants living in SRS are oversighted by the NDIS Commission, even though the services may be delivered in a setting which is regulated by the Victorian Human Services Regulator).

540 Following the Royal Commission into Family Violence, in 2018 the Victorian Government implemented the Multi-Agency Risk Assessment and Management (MARAM) Framework.?49 Importantly, MARAM exists alongside the Family Violence Information Sharing Scheme and the Child Information Sharing Scheme. These schemes allow prescribed organisations and services to share information about family violence risk and a child’s safety and wellbeing and provide an example of frameworks that can be implemented to support the sharing of information and increased safeguards to protect people from harm.

541 MARAM transformed the way the system responds to family violence by:

e creating a shared understanding of family violence — its drivers, prevalence and impact on relationships and communities

e defining how professionals across the system identify, assess and respond to family violence

e providing guidance about sharing information under the Family Violence Information Sharing Scheme?°®, including sharing family violence risk relevant information with a victim survivor of family violence to manage their safety and their children’s safety

¢ requiring prescribed organisations and services to review their policies, procedures, practice guidance and tools to align to the MARAM.

542 MARAM includes a focus on intersectionality, recognising the different and intersecting forms of oppression and discrimination that affect victim survivors of family violence, including from a perpetrators tactics of violence that target victim survivors identity, including for people with disability.

543 The MARAM Framework is supported through a suite of practice guidance and resources?“ for responding to victim survivors of family violence and for working with adult perpetrators of family violence and provides guidance for professionals to safely engage and support people using violence across communities.

544 Organisations and services are prescribed to MARAM through regulations which places legal obligations on them to align their policies, procedures, practice guidance and tools to the

249 MARAM aims to support the significant capability uplift to establish a system-wide shared understanding of family violence that guides professionals in identification, risk assessment and risk management, as well as multi-agency collaborative practice.

Mesa be i eS

https://www.vic.gov.au/family-violence-information-sharing-scheme.

251 For further information, visit vic.gov.au— MARAM practice guides and resources, https://www.vic.gov.au/maram practice-guides-and-resources.

SUB.100.02450_02_0119

VIC.0017.0500.0119

into Violence, Abuse, Neglect and Exploitation of People with Disability 119

Framework. Over 6,500 government and non-government organisations, covering over 400,000 professionals, have been prescribed. 545 Organisations can also voluntarily align to MARAM as best practice. The MARAM Framework can be used by all services that come into contact with individuals and families experiencing family violence, regardless of whether they are prescribed by regulations to be align to MARAM. 546 There are several regulators and oversight bodies who have jurisdiction over elements of service delivery to people with disability, both at the Commonwealth Government and state or territory level. At times, there can be barriers to expediently exchanging information between these bodies which can increase the potential risk of harm to people with disability.

Recommendation 51 The Royal Commission may wish to investigate potential models for an information sharing

framework that facilitates the seamless, but appropriate, sharing of information between relevant         •  regulatory and oversight...       bodies.

6.2.3 Protecting the rights of people with disability subject to restrictive practices: Victoria’s administrative authorisation model 547 The Q&S Framework requires a legislative framework for the use of restrictive practices (which has been implemented through the NDIS Act), the provision of competent positive behaviour support, authorisation of the use of restrictive practices and reporting of restrictive practices. States and territories are responsible for specifying the conditions that must be met for the use of a restrictive practice to be approved. The NDIS Commissioner has been leading work to achieve national consistency in authorisation of restrictive practices through the establishment of National principles for restrictive practice authorisation. Victoria meets and exceeds the proposed national principles. 548 The Disability Act provides Victoria’s legislative framework for protecting disability rights. This includes a robust administrative model for the authorisation of restrictive practices, where the use of restrictive practices must be authorised by a representative of the service provider who has been approved by the Victorian Senior Practitioner or the Secretary of DFFH. Decisions to authorise the use of restrictive practices are subject to additional authorisation and (in the case of physical restraint, mechanical restraint or seclusion), direct approval by the Victorian Senior Practitioner. These decisions are subsequently able to be reviewed by the Victorian Civil and Administrative Tribunal. The Victorian Senior Practitioner has the power to prohibit restrictive practices, provide direct approval of specific restrictive practices and provide directions to service providers. 549 Under the Disability Act, the use of a restrictive practice can only be authorised where it is necessary to prevent the person with disability causing physical harm to themselves or others, is the least restrictive option used for the shortest possible time, is used in accordance with their BSP, and meets any other requirements imposed by the Victorian Senior Practitioner. An independent person must also be made available to the person with disability to explain the proposed use of restrictive practices and their right to request a review of the decision to authorise the use of restrictive practices. The independent person may notify the Public Advocate and Victorian Senior Practitioner of any concerns that the restrictive practices do not meet the requirements of the Disability Act.

SUB.100.02450_02_0120

VIC.0017.0500.0120

into Violence, Abuse, Neglect and Exploitation of People with Disability 120

550 The administrative model provides a process that ensures a BSP designed to reduce and eliminate the need for restrictive practices is in place. Research conducted by the Victorian Senior Practitioner found that an increase in the quality of BSPs is associated with a reduction in the use of restrictive practices.25¢ The Victorian Senior Practitioner uses the ‘Behavior

Support Plan Quality Evaluation’ tool (BSP-QE |1)?5° as part of the authorisation process to

test the quality of BSPs, particularly targeting those submitted by new NDIS service providers who have limited experience developing BSPs. The Victorian Senior Practitioner has funded training for Victorian behaviour support practitioners to improve their skills and capability in assessment and development of BSPs.

551 The administrative model also avoids the challenges of the consent model outlined in the

Queensland Office of the Public Advocate’s Reform Options Paper.254 These include the

difficulty of a person or a substitute decision maker consenting to a restriction of their own free movement; a substitute decision maker having to balance the interests of the person with disability against the safety of others around the person; and limited clinical expertise a substitute decision maker is likely to have when assessing the appropriateness of the proposed restrictive practice.

6.2.4 Recognise Community Visitors schemes as a key safeguard, including for NDIS funded services

552 = In Victoria, Community Visitors are volunteers appointed by Governor in Council under the Disability Act and managed by the Office of the Public Advocate. They visit residential services to inquire into the quality of services and standard of care provided to residents. Each year approximately 400 Community Visitors visit up to 5,000 people with disability, who live in over 1,000 different residential services.255 Community Visitors provide a critical safeguard, independent support and advocacy for often isolated members of the community.

553 In 2019, the Victorian Government made amendments to the Disability Act to facilitate transition to the NDIS and enable Community Visitors to visit SDA and STA properties to continue to fulfil their critical safeguarding role.

554 In Victoria, Community Visitors continue to encounter difficulties in accessing information relating to NDIS participants, restricting their ability to perform their safeguarding role. The Victorian Community Visitors Annual Reports in 2019-20 and 2020-21 call for formal recognition of state-based community visitor schemes within the Q&S Framework and amendments to the NDIS Act that ensure that Community Visitors are able to access and share information to the extent necessary to advocate for participants and raise concerns with relevant bodies.

555 The Community Visitors Annual Reports in 2019-20 and 2020-21 also advocate for amendments to the NDIS Act to include reference to Community Visitor schemes as a key component of NDIS safeguarding arrangements. This view was supported in the

252 Webber, L.S., Richardson, B., Lambrick, F., & Fester, T. (2012), The impact of the quality of behaviour support plans on the use of restraint and seclusion in disability services. International Journal of Positive Behavioural Support, 2 (2) 3-11.

forward, Brisbane: The Public Advocate. Viewed 9 May 2022, https://www.justice.qld.gov.au/public advocate/publications/current-research-and-advocacy-activiteis.

SUB.100.02450_02_0121

VIC.0017.0500.0121

into Violence, Abuse, Neglect and Exploitation of People with Disability 121

Commonwealth Government Department of Social Services’ Community Visitor Schemes

Review (CV Review) prepared for the Disability Reform Council and Council of Australian Governments in December 2018. The CV Review found that Community Visitors have a contribution to make to the Q&S Framework and recommended that this contribution should be formally recognised.

556 The Robertson Review”® made several recommendations in respect of Community Visitors schemes and the NDIS. It recommended that:

¢ aCommunity Visitor scheme provide for individual face-to-face contact with at-risk NDIS participants and that the NDIS Act should be amended to provide for this function

e the NDIS Commission should continue to support state and territory Community Visitor schemes. Any doubts about state and territory powers under those schemes in relation to NDIS participants should be resolved.

Recommendation 52 The Commonwealth Government should consider:

e recognising the role of Community Visitors in the Q&S Framework, including changes to the NDIS Act if required

e facilitating the effective interface between the NDIS Commission and existing state and territory Community Visitors and official visitor schemes

¢ ensuring Community Visitors (or other independent visitors) are available for all NDIS participants as recommended by the Robertson Review

e addressing current barriers to sharing information about at-risk participants between the NDIS and Community Visitors, including the provision of information to ensure Community Visitors can carry out their powers and functions.

6.2.5 Embedding culturally safe service delivery

557 Embedding a focus on cultural safety in the NDIS Practice Standards and quality indicators will help drive an uplift in skills across the disability sector and promote safer and more responsive service delivery to Aboriginal people with disability, to people with disability from CALD backgrounds, and LGBTIQ+ people with disability.

558 Safeguarding and regulatory systems and standards that are not informed by intersectional approaches nor responsive to diverse cultural needs and contexts are unlikely to foster culturally safe and appropriate service delivery, and as such severely compromise outcomes.

559 The NDIS Practice Standards and Quality Indicators?>’ are an important tool to embed and promote rights for people accessing services and ensure that services are culturally safe and meet the diverse needs of people with disability. While the current NDIS Practice Standards and Quality Indicators require supports to respect the culture, diversity, values and beliefs of the person, they lack a specific focus on providing culturally safe supports. The lack of focus

os es oseoococe tthe Seon OSS ste ous SSCS USO H Mo esos Cesc bets Sees Stat Stet oS CESS Sc RISERS ET OHM SCNT Ea

SUB.100.02450_02_0122

VIC.0017.0500.0122

into Violence, Abuse, Neglect and Exploitation of People with Disability 122

on cultural safety makes it difficult for people (including people with disability and their supporters) to recognise, call out and respond appropriately when rights are not upheld.

560 CALD communities may not be aware of complaint mechanisms. Language and cultural barriers may also prevent individuals from making a formal complaint.

561 Almost seven per cent of NDIS participants are expected to come from Aboriginal and Torres Islander communities.2°° We know that a lack of cultural competency of NDIS service providers is an ongoing concern for Aboriginal and Torres Strait Islander people accessing NDIS services, and that Aboriginal people are more likely to engage with services where they know they will respected and treated fairly.25° Although the investment in ACCOs to build their capacity to deliver disability services will inherently facilitate culturally safe practices within

other service providers.

562 The NDIS Commission should update the NDIS Practice Standards and Quality Indicators to explicitly incorporate a requirement to provide culturally safe services for Aboriginal and Torres Strait Islander people, and to make training and ongoing professional development on cultural safety available to support workers. The updated Practice Standards should be co-designed with Aboriginal and Torres Strait Islander people with disability (and their representatives), representative organisations and Aboriginal Community Controlled Organisations.

563 The Victorian Aboriginal Community Controlled Health Organisation is currently developing Victoria’s first cultural safety accreditation program, due to launch in July 2023. It will enable organisations to undertake an in-depth review of their systems, processes, and people to transform cultural awareness into culturally safe practice. Victoria supports a model of community-controlled cultural safety accreditation or community-controlled cultural safety frameworks as part of the NDIS Practice Standards.

564 The Victorian Human Services Standards are compulsory for all disability services delivered under the Disability Act and require the service provider to promote and uphold the person’s right to actively participate as a valued member of their chosen community. The criteria to meet this standard explicitly identifies a person’s connection to their Aboriginal and Torres Strait Islander culture, and includes:

¢ people maintain and strengthen connection to their Aboriginal and Torres Strait Islander culture and community

e people maintain and strengthen their cultural, spiritual, and language connections.

https:/Awww.aph.gov.au/Parliamentary_Business/Committees/Joint/National_Disability_lnsurance_Scheme/NDISPla nning/Final_Report.

SUB.100.02450_02_0123

VIC.0017.0500.0123

into Violence, Abuse, Neglect and Exploitation of People with Disability 123

Recommendation 53

The NDIS Commission should update the NDIS Practice Standards and Quality Indicators to incorporate a focus on culturally safe service provision to Aboriginal people. The updated NDIS Practice Standards and Quality Indicators should:

e include a focus on appropriate cultural competency training for NDIS workers

e be co-designed with Aboriginal people with disability, their representative organisations and ACCOs.

565 It is expected that around 20 per cent of NDIS participants will come from a CALD background.2©° As such, ensuring disability services and NDIS supports are safe, accessible and responsive to the needs of people with disability from CALD backgrounds is integral to reducing barriers to accessing the NDIS (including lack of awareness about available services and the lack of information in community languages) and improving the quality of life for all people with disability.

566 The NDIS Commission should update the NDIS Practice Standards and Quality Indicators to include an explicit focus on culturally safe service delivery to people with disability from CALD backgrounds. The updates to the NDIS Practice Standards and Quality Indicators should be co-designed with representatives of disability and CALD communities.

Recommendation 54

The NDIS Commission should update the NDIS Practice Standards to incorporate a specific focus on culturally safe service provision to people from CALD backgrounds. The updated standards should:

e include a focus on appropriate cultural competency training for NDIS workers ¢ co-designed with representatives of disability and CALD communities.

567 Just over one in 20 adult Victorians openly identify as being LGBTIQ+.26“ As such, ensuring disability services and NDIS supports are safe, accessible and responsive to the needs of people with disability who are LGBTIQ+ is integral to reducing barriers to accessing the NDIS and improving the quality of life for all people with disability.

568 The NDIS Commission should update the NDIS Practice Standards and Quality Indicators to include an explicit focus on culturally safe service delivery to people with disability who are LGBTIQ+. The updates to the NDIS Practice Standards and Quality Indicators should be co designed with representatives of disability and LGBTIQ+ communities.

*89 NDIA (2018), Cultural and Linguistic Diversity Strategy 2018-22, Geelong: NDIA. Viewed 9 May 2022,

Peat ee Se Se eh I ETS, SIM EI ITE

https:/Awww.ndis.gov.au/about-us/strategies/cultural-and-linguistic-diversity-strategy.

Melbourne, viewed 10 June 2022, https:/Awww.vic.gov.au/pride-our-future-victorias-Igbtiq-strategy-2022-32

SUB.100.02450_02_0124

VIC.0017.0500.0124

into Violence, Abuse, Neglect and Exploitation of People with Disability 124

Recommendation 55 The NDIS Commission should update the NDIS Practice Standards to incorporate a specific focus on culturally safe service provision to people who are LGBTIQ+. The updated standards should:

• include a focus on appropriate cultural competency training for NDIS workers
• be co-designed with representatives of disability and LGBTIQ+ communities.

SUB.100.02450_02_0125

VIC.0017.0500.0125

into Violence, Abuse, Neglect and Exploitation of People with Disability 125

7 Concluding comments

569 The Victorian Government welcomes the opportunity to present its recommendations and insights on addressing violence, abuse, neglect and exploitation of people with disability. 570 People with disability have the right to the same opportunities as everyone else, to make the same choices as everyone else, and to live free from violence, abuse, neglect and exploitation. The NDIS has brought a foundational change in the way disability services are delivered and the degree to which people with disability can arrange their supports to suit their own needs and preferences. However, there is still more to do to ensure that the benefits of the Scheme are maximised for people with disability, and that other government and community services are accessible and welcoming for people with disability. 571 Victoria has implemented Dignity, respect and safer services - Victoria’s disability abuse prevention strategy which was developed in response to the Victorian Parliament Family and Community Development Committee Inquiry into Abuse in Disability Services 2016 and the earlier Victorian Ombudsman’s reports in 2015. The abuse prevention strategy aimed to build the capacity of individuals and their families to understand their rights and to speak up about abuse and provided mechanisms for embedding a culture of zero tolerance of abuse across the Victorian disability service sector. 262 572 The Royal Commission provides an opportunity to focus on the drivers of violence, abuse, neglect and exploitation of people with disability, and map a path that addresses the causes and advances the wellbeing and safety of people with disability and their inclusion in the community. This submission makes 55 recommendations from the Victorian Government and has identified where action might benefit the lives of people with disability and help to ensure that people have equitable rights, protections and supports. These recommendations seek to uphold the rights of people with disability and promote inclusive communities, improve service system capacity and outcomes, and further strengthen quality and safeguards.

573 The          Victorian Government                                         will continue

intergovernmental                       forums, such                                as the DRMs                                                 to advocate.. meeting.for Wesuchhopereformsthat throughall governmentsexisting will join

us with a shared drive to pursue changes that improve the lives of people with disability. 574 In addition, the Victorian Government will continue to support and engage with the Royal Commission’s work, contributing to efforts to promote a more inclusive society that supports people with disability to be independent and to live free from violence, abuse, neglect and exploitation.

262 The Victorian Government’s commitment to the principle of zero tolerance of abuse of people with disability and the measures adopted to strengthen its quality and safeguards framework was outlined in the Statement of Janine Toomey in November 2019 (STAT.0017.0001.0001 ).

SUB.100.02450_02_0126

VIC.0017.0500.0126

into Violence, Abuse, Neglect and Exploitation of People with Disability 126

Appendix 1: List of recommendations

Domain 1: Upholding the rights of people with disability

Recommendation No.

Recommendation 1

Recommendation 2

Recommendation 3

Recommendation 4

Recommendation 5

Recommendation 6

Recommendation 7

Recommendation

All jurisdictions, including the Commonwealth Government, should support the self-determination of Aboriginal people with disability and the role of Aboriginal Community Controlled Organisations in disability policy, governance and service delivery.

The Commonwealth Government should establish a statutory National Disability Advisory Council to support greater engagement and representation of people with disability in national policymaking.

Other jurisdictions should adopt or amend legislation to incorporate a positive duty on public sector bodies to promote and report on inclusion of people with disability.

All jurisdictions should reform legislation and legal frameworks concerning individual decision-making to align with the Australian Law

Reform Commission’s National Decision-Making Principles and

guidelines. For example, guardianship, medical treatment and mental health laws.

The Commonwealth Government should fund the National Disability Advocacy Program at a level commensurate with demand driven by NDIS. This includes funding a range of general and targeted advocacy services, including self-advocacy supports and initiatives that take an intersectional approach. Increased Commonwealth Government funding should be prioritised for disability advocacy organisations run by and for people with disability to support systemic advocacy and to build organisational capacity.

Commonwealth Government reforms to the National Disability Advocacy Program should be underpinned by an intersectional approach and an effective outcomes measurement framework.

The Commonwealth Government should review the legal assistance needs of people with disability, particularly in relation to:

e the NDIS Advocacy Program, for review of NDIA decisions, including by the Administrative Appeals Tribunal

e discrimination against people with disability

e consider the need for capability building across the advocacy and legal assistance streams of the NDIS Advocacy program.

SUB.100.02450_02_0127

VIC.0017.0500.0127

into Violence, Abuse, Neglect and Exploitation of People with Disability 127

Domain 2: Promoting inclusive communities ’ ’

,j Recommendation,-_ --     •• _.....No._    Recommendation:.i·           -    -

Recommendation 8 The NOIA should prioritise the critically important role of LACs in supporting people to build natural supports and connections with their community and to access community groups and services.

Recommendation 9 The Commonwealth Government should work with states and territories to reform and realign the NDIS Information, Linkages and Capacity Building program. Reforms should:

• prioritise long-term funding for individual and community capacity building initiatives

• strengthen governance arrangements to create a stronger role for jurisdictions in setting the strategic direction of the program, aligned to state and disability strategic priorities, including state disability plans

• focus on co-design, delivery and evaluation of funded initiatives

• prioritise initiatives that are responsive to disability and cultural diversity.

Recommendation 1 O The Commonwealth Government should collaborate with all jurisdictions to lead development of a coordinated national approach to promoting inclusive and accessible sport and active recreation, and participation of people with disability. This should include:

• establishing a national sport and recreation equity and inclusion network

• leveraging national mechanisms and resources to connect people with disability to local sport, community life and active recreation opportunities

• promoting and supporting employment of people with disability in the sport and active recreation sectors.

Recommendation 11 The Commonwealth Government should collaborate with all jurisdictions to lead development of coordinated and robust approaches to enhancing participation for people with disability in the arts. This could include:

• working collaboratively with peak bodies, community stakeholders, states and territories to develop and implement a National Arts and Disability Strategy to support Australia’s Disability Strategy 2021 2031 (ADS).

• consulting extensively with people with disability in the creative industries, including First Nations people with disability, when developing the strategy.

SUB.100.02450_02_0128

VIC.0017.0500.0128

into Violence, Abuse, Neglect and Exploitation of People with Disability 128

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 12 The Commonwealth Government should strengthen the Employ My

Ability- Disability Employment Strategy and the Employment TAP by

including concrete actions and evidence-based approaches informed by research and shared learning from past successes, including recent Victorian Government initiatives. Improving the employment outcomes of people with disability should take into account the importance of digital inclusion, which is an enabler of economic participation.

Recommendation 13 The Commonwealth Government should collaborate with all jurisdictions to lead development of a national social procurement framework and establish and trial a national register of businesses owned and controlled by people with disability.

Recommendation 14 All jurisdictions should strengthen economic participation of people with disability in the public sector. The Victorian Government initiatives, including disability employment targets, disability pathways in graduate programs and disability employment networks, provide a model for implementation.

Recommendation 15 The Commonwealth Government’s redesign of the Disability Employment Services program should:

• remove the compliance framework linked to income support which undermines high-quality employment outcomes

• make the program more employer facing

• provide targeted supports for people with disability who are under- represented in the program (i.e., NDIS participants) and those who experience intersectional discrimination and marginalisation

• remove any obstacles for people with disability to access Jobs Victoria services

• draw on the experience of Jobs Victoria, which has had success implementing more voluntary, flexible and employer-connected services.

SUB.100.02450_02_0129

VIC.0017.0500.0129

into Violence, Abuse, Neglect and Exploitation of People with Disability 129

Recommendation No. Recommendation

Recommendation 16 The Commonwealth Government should collaborate with all jurisdictions to lead and invest in developing a national approach to address discrimination and exclusion and improve community attitudes toward people with disability. The strategy should:

• be co-designed, delivered and evaluated by people with disability

• be evidence based and informed by research

• be sufficiently resourced to allow for the testing and evaluation of pilot approaches

• include a focus on building an understanding of and responsiveness to systemic inequality, intersectionality and inclusion

• educate communities about how to promote and uphold the rights of people with disability

• integrate concrete actions, targets, outcomes measures and evaluation mechanisms

• build on the learning and work of the states and territories. This work includes the Survey of community attitudes toward people with disability undertaken by the Victorian Government in partnership with the University of Melbourne.

Domain 3: Improving service systems and interfaces

Recommendation No. Recommendation

Recommendation 17 ORMs should review and amend the Justice Principles under Principles to determine the responsibilities of the NDIS and other service systems. The amended principles should:

• clearly delineate responsibilities for funding of supports by the NOIS and other service systems in relation to people with cognitive disability in the criminal justice system and justice-adjacent services, including forensic disability programs

• further clarify the distinction between disability-related and criminogenic-related supports as a basis for determining parties’ responsibilities in the prison and community-based justice system. Emphasis should be on incorporating a decision-making framework to support the NOIA and states and territories in determining their respective responsibilities when a support addresses both disability and criminogenic related needs

• clarify that a known release date from a custodial setting is not a requirement under the NOIS Act or NOIS Rules for NOIA funding approval for transitional supports.

SUB.100.02450_02_0130

VIC.0017.0500.0130

into Violence, Abuse, Neglect and Exploitation of People with Disability 130

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 18 The NOIA should develop a Memorandum of Understanding with the Victorian Government that recognises the unique role of forensic treatment programs utilised by people with disability, including the Victorian Forensic Disability Program, and provides for collaborative planning and joint operational monitoring and oversight.

Recommendation 19 DRMs should oversee the development of comprehensive operational guidance on the application of the Applied Principles and Tables of Support to Determine Responsibilities of the NDIS and other services, ensuring that the guidance:

• is developed in conjunction with the NOIA, states and territories

• maps how the Applied Principles apply to justice and justice- adjacent services in each state and territory

• clarifies responsibilities for funding supports to persons under civil and criminal orders unique to each jurisdiction.

Recommendation 20 DRMs should oversee the development of comprehensive operational guidance on the application of the Applied Principles and Tables of Support to Determine Responsibilities of the NDIS and other services, ensuring that the guidance:

• maps how the Applied Principles apply to child protection and out of home care services

• clarifies responsibilities for funding supports for vulnerable children and families, including children in out of home care and young people leaving care.

• clearly articulates the roles and responsibilities of the NOIA, states and territories, NDIS planners, support coordinators, mainstream providers and state and territory child and family services systems.

Recommendation 21 The NOIA should commit to engaging early in joint case planning with states and territories on the leaving care arrangements for young people to ensure that there is sufficient time to ensure a smooth and supported transition from state care.

Recommendation 22 The NOIA should collaborate with states and territories to update the NOIA Participant Service Guarantee to include specific timeframes for people in hospital who are ready for discharge but who cannot be discharged due to a lack of access to the required NDIS supports.

Recommendation 23 The NOIA assist with reducing discharge delays by increasing the flexibility of MTA arrangements for people with extreme functional impairment or very high support needs who do not have a confirmed long-term accommodation option.

SUB.100.02450_02_0131

VIC.0017.0500.0131

into Violence, Abuse, Neglect and Exploitation of People with Disability 131

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 24 The Commonwealth Government should work with Victoria and other jurisdictions to develop a comprehensive framework for joint commissioning of supports for people with highly complex support needs and circumstances.

Recommendation 25 The NOIA should increase and expand funding of specialist liaison positions to:

• enhance coordination across service systems

• build workforce skills and capability

• have greater reach across the justice and health systems (for example, Justice Liaison Officers could be expanded into non custodial settings)

• support the children’s services system, thus improving early intervention outcomes.

Recommendation 26 The NOIA should review the MTA eligibility criteria to:

• include people with specialist housing needs who do not yet have a confirmed long-term home

• ensure the MTA guidelines include requirements for MTA to be provided in dwellings that are safe and well-maintained.

Recommendation 27 In line with recommendation 3 of the Tune Review (and recommendation 2 of the Joint Standing Committee on the National Disability Insurance Scheme inquiry into NDIS Planning), the Commonwealth Government should provide additional funding to support people with disability to navigate the NDIS.

Recommendation 28 The Commonwealth Government and NOIA need to strengthen their co-design approach to develop a new person-centred model of information gathering and assessment that delivers consistency in access and planning decisions for people with disability. The co design process should adopt an intersectional approach that considers all the needs of people with disability, including considerations of age, cognitive function, access to informal supports, gender diversity, sexuality, cultural and language background.

SUB.100.02450_02_0132

VIC.0017.0500.0132

into Violence, Abuse, Neglect and Exploitation of People with Disability 132

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 29 The NOIA should enhance its planning processes and guidance by:

• developing and implementing mechanisms to encourage and support NDIS planners to develop specialised understanding of the multiple and/or complex interfaces with the housing, justice, health, mental health, alcohol and other drugs service systems, together with family-centred approaches for children and families.

• reviewing and updating its internal guidelines for planning to ensure they are aligned with the legislative and policy framework underpinning the NDIS to ensure consistency and efficiency in planning and enhance accountability and transparency.

• undertaking a comprehensive co-design process with people with disability to develop a person-centred planning process that enables flexible use of plan budgets in line with recommendation 15 of the Tune Review.

Recommendation 30 The Commonwealth Government, in collaboration with state and territory governments, should agree on an approach to using the funds that have accumulated in the NDIS that were previously proposed for an NDIS Reserve fund. The accumulated funds should be used to improve NDIS participant access and outcomes, manage Scheme sustainability, and improve the lives of people with disability, including by supporting the enduring NODA.

Recommendation 31 The Commonwealth Government and NOIA should actively engage and work with states and territories to implement a holistic and comprehensive framework for maintaining critical supports. This should include investment in preventative and capacity building supports, tailored to the diverse needs of participants, their families and carers, to reduce the risk of crises and breakdown in supports.

Recommendation 32 The NOIA should establish a clearly articulated pathway for the timely approval of emergency supports where an NDIS participant is in crisis or at imminent risk of losing critical disability supports.

SUB.100.02450_02_0133

VIC.0017.0500.0133

into Violence, Abuse, Neglect and Exploitation of People with Disability 133

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 33 As part of its role as market steward and its commitment to improve the quality and outcomes of planning and support coordination for participants, the NOIA should develop enhanced practice guidance, tools and training appropriate to the various planning and support coordination roles, to:

• identify and mitigate risks to service continuity

• monitor and understand implications of the use of accessing supports in a participant’s plan, including identifying suitable evidence and processes for monitoring

• respond to the first signs of breakdown in critical supports

• understand how to maintain critical supports in the event of a crisis or emergency

• enable the flexible use of any unexpended funds in a participant’s plan to manage or mitigate an immediate risk, crisis or emergency arising from the breakdown of critical disability supports

• enable rapid approval of additional funding to manage or mitigate an immediate risk, crisis or emergency arising from the breakdown of critical disability supports.

Recommendation 34 The NOIA should establish:

• a clearly articulated and easily accessible pathway (available 24 hours a day, 365 days per year) to immediate, skilled advice and support for a broad range of referrers, including support coordinators and Local Area Coordinators, to assist participants at risk of, or experiencing, imminent breakdown of disability supports

• fit-for-purpose Provider of Last Resort arrangements for the provision of services to NOIS participants who have lost, or are at imminent risk of losing, critical disability supports.

Recommendation 35 The NOIA should implement recommendation 18 of the Tune Review and work with people with disability, all jurisdictions, researchers and experts in the provision of disability supports to establish an accessible source of publicly available information about evidence based best practice approaches, to assist NOIS participants in exercising informed choice and control when navigating the marketplace.

Recommendation 36 The NOIA should exercise its powers to commission services where there is a demonstrated lack of options within the market and support and provide adequate funding for the design and implementation of bespoke service responses for individuals with specific needs.

Recommendation 37 The NOIA should collaborate with all jurisdictions to develop and lead a project to incentivise the NOIS market to provide supports, including accommodation, to children and young people with complex disability support needs, including in rural and regional areas.

SUB.100.02450_02_0134

VIC.0017.0500.0134

into Violence, Abuse, Neglect and Exploitation of People with Disability 134

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 38 In its role as SDA market steward, the NOIA must proactively intervene to ensure SDA is available that delivers more choice and control for people with disability including:

• actively engaging with SDA providers and investors to identify further improvements in the availability of demand and supply data that the NOIA provides

• identifying strategies to address market gaps, such as the availability of robust SDA, at a service level and for individual participants

• ensuring the SDA price review, to take effect in July 2023, provides sufficient flexibility to meet the needs of participants with very complex housing needs that can’t be delivered within the current SDA price limits.

Recommendation 39 The NDIS eligibility criteria should be amended to provide access to specific categories of non-residents who are not part of the current continuity of support arrangements to provide them with essential supports that meet their disability needs.

Recommendation 40 The Commonwealth Government should collaborate with all jurisdictions to lead development of a national emergency management approach to improve protections and responses for people with disability who are at increased risk before, during and after emergencies.

Recommendation 41 Other jurisdictions should fund disability and family violence response initiatives to assist women with a disability access disability and family violence crisis supports. The Victorian Disability Family Violence Crisis Response initiative provides a model for implementation.

SUB.100.02450_02_0135

VIC.0017.0500.0135

into Violence, Abuse, Neglect and Exploitation of People with Disability 135

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 42 Other states and territories should implement high quality witness intermediary schemes that include the following features:

• a role that is independent of the prosecution and defence that effectively operates as a friend of the court

• a commitment by state and territory police forces that police who conduct investigative interviews make all appropriate use of intermediary schemes for eligible witnesses

• a skilled and professional intermediary workforce that:

• holds relevant tertiary qualifications (for example, in disciplines such as speech pathology, psychology, occupational therapy and social work)

• has prior professional experience working with people with a range of assistance needs

• has completed high quality competency based training* and assessment prior to their appointment as an intermediary

• is required to meet minimum annual requirements related to role-related continuing professional development and supervision

• mechanisms for program evaluation and ongoing review of practice quality, including via feedback from witnesses and other justice system stakeholders

• clear practice guidance for intermediaries that articulates expected professional conduct (including role and responsibilities, ethical conduct, conflict of interest, and risk management)

• ongoing training for justice system stakeholders relating to questioning witnesses with specific communication needs. *At a minimum, this training should include modules related to the intermediary role (undertaking effective assessments, writing well targeted reports, understanding and assisting during the evidence process), the criminal justice system (including principles relating to access to justice, rule of law, procedural fairness), court protocols and roles and responsibilities of parties in criminal proceedings, working with police, best practice investigative interviewing, trauma-informed practice, secondary traumatic stress, and cultural competence.

SUB.100.02450_02_0136

VIC.0017.0500.0136

into Violence, Abuse, Neglect and Exploitation of People with Disability 136

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 43 Other jurisdictions should implement Independent Third Persons (ITP) programs that include the following key features:

• ITPs that are independent, particularly of that state or territory’s police force and criminal justice system

• appropriate training for ITPs prior to the commencement of their role

• embedded into police practices, with a threshold requirement that the attendance of an ITP is sought during the interview of any person with a cognitive disability who is fit to be interviewed or have a statement taken

• ongoing guidance and training for the relevant state or territory police force

• recruits a wide range of individuals as ITPs to reflect the diverse needs and lived experiences of people with disability.

Domain 4: Building the capacity and capability of mainstream and NDIS workforces

Recommendation No. Recommendation

Recommendation 44 All jurisdictions should consider and implement the recommendations outlined in the interim and final reports of the Joint Standing Committee on the NOIS Inquiry into the NOIS Workforce.

Recommendation 45 The Commonwealth Government should collaborate with all jurisdictions to lead a coordinated approach to building the future pipeline of workers for the disability sector that promotes cohesion and avoids duplication.

Recommendation 46 The NOIA should work with mainstream service representatives to develop training for NOIS Planners and Support Coordinators including strategies for management of complex client situations and family violence prevention, identification and response.

Recommendation 47 The NOIA should collaborate with all jurisdictions to increase investment in, and develop ways to attract and retain, skilled behaviour support practitioners - particularly in regional areas.

SUB.100.02450_02_0137

VIC.0017.0500.0137

into Violence, Abuse, Neglect and Exploitation of People with Disability 137

Domain 5: Using data and research to deliver better outcomes

I   ..1 1.a    ... Recommendation_       •      •    ...,..    I  I  No.-     Recommendationl      .

Recommendation 48 The Commonwealth Government and state and territory governments should jointly develop a comprehensive and nationally consistent approach to data collection, including data definitions/specifications, sharing and analysis. It should build on the achievements of the National Disability Data Asset pilot in successfully developing a person-centred understanding across service systems.

Domain 6: Quality and safeguards I

RecommendationI             .            No.   Recommendation-                          -     I•

Recommendation 49 The NDIS Commission should provide comprehensive guidance to NDIS service providers to improve understanding of person-centred service delivery whereby supports are delivered in a way that promotes choice and control and upholds and respects individual rights to freedom of expression, self-determination and decision making. This could form part of an induction package for new providers.

Recommendation 50 The forthcoming review of the NDIS should consider restricting the use of unregistered NDIS providers for supported independent living supports.

Recommendation 51 The Royal Commission may wish to investigate potential models for an information sharing framework that facilitates the seamless, but appropriate, sharing of information between relevant regulatory and oversight bodies.

Recommendation 52 The Commonwealth Government should consider:

• recognising the role of Community Visitors in the Q&S Framework, including changes to the NDIS Act if required

• facilitating the effective interface between the NDIS Commission and existing state and territory Community Visitors and official visitor schemes

• ensuring Community Visitors (or other independent visitors) are available for all NDIS participants as recommended by the

Robertson Review

• addressing current barriers to sharing information about at-risk participants between the NDIS and Community Visitors, including the provision of information to ensure Community Visitors can carry out their powers and functions.

SUB.100.02450_02_0138

VIC.0017.0500.0138

into Violence, Abuse, Neglect and Exploitation of People with Disability 138

C

■                 I RecommendationI                       ,,-        •  No.   Recommendation.         ....

Recommendation 53 The NOIS Commission should update the NOIS Practice Standards and Quality Indicators to incorporate a focus on culturally safe service provision to Aboriginal people. The updated NOIS Practice Standards and Quality Indicators should:

• include a focus on appropriate cultural competency training for NOIS workers

• be co-designed with Aboriginal people with disability, their representative organisations and ACCOs. Recommendation 54 The NOIS Commission should update the NOIS Practice Standards and Quality Indicators to incorporate a focus on culturally safe service provision to people from CALO backgrounds. The updated NOIS Practice Standards and Quality Indicators should:

• include a focus on appropriate cultural competency training for NOIS workers

• be co-designed with representatives of disability and CALO communities. Recommendation 55 The NOIS Commission should update the NOIS Practice Standards to incorporate a specific focus on culturally safe service provision to people who are LGBTIQ+. The updated standards should:

• include a focus on appropriate cultural competency training for NOIS workers

• be co-designed with representatives of disability and LGBTIQ+ communities.

SUB.100.02450_02_0139

VIC.0017.0500.0139

into Violence, Abuse, Neglect and Exploitation of People with Disability 139

Appendix 2: Victorian Government evidence and responses previously provided to the Royal

Commission

Date                            Lead                                                                         f       I               •• .    •     - I Category        Reference-    •   I,-.            submitted•          •   Description           Department

Issues Paper     ISS.001 .00155         06/05/2020  Education and Learning  DET

response

Issues Paper     ISS.001 .00512         21/12/2020  Criminal Justice       DJCS

response System

Issues Paper     VIC.0001.0701 .0001    04/06/2021  Rights and Attitudes    DFFH

response

Issues Paper     ISS.001 .00571         19/08/2021  Violence and abuse of   RV

response people with disability at home

Issues Paper     ISS.001 .00717         15/09/2021  Employment         DFFH

response

CAS response    VIC.0001.0728.0001    04/02/2022  Response to Counsel   DFFH

Submissions for Public

hearings 8 and 16

CAS response     MinterEllison letter      11/02/2022  Corrected/ clarified     VPSC

dated 11.02.2022 Fennessy evidence

CAS response     Letter from             17/04/2022  Response to Counsel   DJCS and

MinterEllison 27 April               Submissions for Public  DFFH

2022 hearing 15

Witness         STAT.0579.0001 .0001   10/08/2022  Statement of Sherri     DFFH

Statement Bruinhout (Executive

Director, Homelessness

and Housing Support,

Homes Victoria

Witness         STAT.0582.0001 .0011   15/08/2022  Statement of Anthony   DFFH

Statement Kolmus (Director,

Human Services

Regulator)

Witness          Statement 1 :           30/11/2021  Statement of Anne     DFFH

Statement       STAT.0490.0001 .0001;              Congleton (Deputy

Statement 2: Secretary, DFFH) and STAT.0492.0001 .0001 supplementary statement

Witness         STAT.0464.0001 .0001   26/10/2021  Statement of Colin      WorkSafe

Statement                                           Radford (CEO,            Victoria

WorkSafe Victoria)

Witness          VIC.0013.0500.0001    07/10/2021  Health update from PH  DH

Statement 4 (Wallace)

SUB.100.02450_02_0140

VIC.0017.0500.0140

into Violence, Abuse, Neglect and Exploitation of People with Disability 140

Date Lead.,.,.

Category        Reference            submitted   Description           Department

Witness         STAT.0407.0001 .0001  25          Statement of Adam     VPSC

Statement                               /11/2021    Fennessy PSM

(Commissioner,

Victorian Public Sector

Commission)

Witness         STAT.0392.0001 .0001   17/07/2021  Statement of Shane    DFFH

Statement Wilson (Director, Child

Protection, DFFH) for PH 16

Witness         STAT.0375.0001 .0001   09/06/2021  Statement of James    DFFH

Statement Macisaac (Executive

Director, Disability,

DFFH)

Witness          STAT.0190.0001 .0001   16/10/2020  Statement of Shane    DHHS

Statement Wilson (Director, Child

Protection and Care,

DHHS)

Witness         STAT.0017.0001 .0001   26/11/2019  Statement of Janine    DHHS

Statement Toomey (Executive

Director, Disability and

NDIS)

Notice to         VIC.9999.0002.0001    4/01/2021   Enabling Justice Report  DJCS

produce response

Notice to         VIC.9999.0010.0001    3/12/2021    Arising from Radford    WorkSafe

produce                                          appearance               Victoria