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| Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability | |
|---|---|
| Name | Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability |
| Established | 2019 |
| Jurisdiction | Australia |
| Commissioners | Listed Commissioners |
| Website | Official site |
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was an Australian inquiry created to investigate systemic failures relating to harms experienced by people with disability. It examined historical and contemporary instances reported across jurisdictions including New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania and the Australian Capital Territory. The inquiry interacted with statutory institutions, advocacy organisations, international bodies and survivors to develop findings intended to inform law reform, policy change and reparative measures.
The commission was established following public campaigns by advocacy groups such as People with Disability Australia, high-profile reporting by The Sydney Morning Herald, and inquiries involving agencies like Human Rights Commission and Australian Law Reform Commission. Political debate occurred in the Parliament of Australia and involved ministers from the Morrison Government and predecessors in the Turnbull Government and Rudd Government who responded to reports from bodies including National Disability Insurance Scheme reviews and coronial inquests like those in Coroner's court. The commission drew attention from international organisations such as the United Nations and sparked engagement from legal institutions like the High Court of Australia and peak bodies including Australian Council of Social Service and Australian Medical Association.
Terms were framed by instruments prepared in consultation with the Attorney-General of Australia and referenced statutes including the Disability Discrimination Act 1992, the Crimes Act 1914, and frameworks developed by the National Disability Insurance Agency. The scope covered institutional settings, residential services, education contexts involving schools such as Sydney Grammar School in comparative analyses, and public sector entities like Department of Social Services and state health departments. Specific matters included interactions with policing bodies like the Australian Federal Police, oversight by tribunals such as the Administrative Appeals Tribunal, and intersections with employment regulators such as the Fair Work Commission.
The commission employed methods modelled on prior inquiries including the Royal Commission into Institutional Responses to Child Sexual Abuse and the Royal Commission into Aged Care Quality and Safety, using public hearings, private sessions, and community consultations in capital cities such as Canberra, Melbourne, Brisbane, Adelaide, Perth, and regional centres. Evidence was gathered from experts from universities such as the University of Melbourne, the Australian National University, and service providers like House with No Steps and Scope (Australia), alongside testimony from survivors and families. Procedural frameworks referenced procedural law from the Administrative Decisions Tribunal and ethical standards promoted by institutions such as the Royal Australasian College of Physicians.
The commission concluded there were pervasive systemic failures in services administered by entities including state-funded providers and not-for-profit organisations such as Anglicare and UnitingCare. It identified deficiencies in safeguarding administered by regulators like the Aged Care Quality and Safety Commission and highlighted intersections with criminal law enforcement including cases handled by the Independent Commission Against Corruption (NSW) and state police forces. Findings noted adverse outcomes in contexts overseen by education authorities like the New South Wales Department of Education and in employment settings monitored by the Australian Securities and Investments Commission and Australian Taxation Office where compliance mechanisms were weak. The commission characterized patterns of harm comparable to matters examined by international bodies such as the Council of Europe.
Recommendations addressed legislative reform touching the Disability Discrimination Act 1992, proposed new oversight mechanisms modeled after entities like the Ombudsman (Commonwealth) and called for resource commitments from departments such as the Department of Health and the Department of Social Services. It urged alignment with international instruments including the United Nations Convention on the Rights of Persons with Disabilities and suggested creation of redress schemes comparable to those endorsed following the Royal Commission into Institutional Responses to Child Sexual Abuse. Federal and state cabinets including ministers from the Albanese Government and opposition portfolios produced response plans involving agencies such as the National Disability Insurance Agency and statutory reviews by bodies like the Productivity Commission.
Implementation involved policy changes in jurisdictions including reforms enacted by the New South Wales Government, the Victorian Government, and the Queensland Government, with funding allocations through budget processes overseen by treasuries such as the Australian Treasury. Service delivery adjustments were undertaken by organisations like Life Without Barriers and regulatory enhancements by entities including the Australian Human Rights Commission. Some recommendations influenced litigation strategies in courts including the Federal Court of Australia and informed advocacy campaigns by groups such as End Rape On Campus-style collectives adapted for disability advocacy.
Criticisms targeted perceived gaps in implementation and delays by administrations including critiques in media outlets such as The Age and The Australian Financial Review. Legal commentators from institutions like the University of Sydney and the Griffith University questioned the adequacy of recommended remedies compared with precedents set by the Royal Commission into Trade Union Governance and Corruption and others. Controversies also arose around consultation processes with Indigenous organisations such as the Aboriginal and Torres Strait Islander Commission-aligned groups and tensions between peak bodies like National Disability Services and survivor-led organisations such as People with Disability Australia.
Category:Royal commissions in Australia