Australia has international obligations to respect the human rights of people with disability as articulated in the Convention on the Rights of Persons with Disabilities (CRPD), ratified by the Australian Government in 2008.
The CRPD requires all Australian governments to take positive action to uphold the rights of people with disability. Article 16 of the CRPD specifically enshrines the right of people with disability to be free from exploitation, violence and abuse. The CRPD requires State Parties to ensure that facilities and programs serving people with disability are subject to effective, independent monitoring and oversight.
At the request of the Commonwealth Attorney-General in June 2017, the Commission has produced this report that examines issues related to violence against people with disability in institutional settings.
The request to look into this issue follows significant work already undertaken since 2010 in the form of Royal Commissions, Senate Inquiries, and Ombudsman reports calling for independent, external oversight of institutional settings as well as stronger complaints mechanisms and increased regulation of disability service workers.
This report outlines the findings of the Commission’s research, providing an analysis of current and proposed quality, safeguarding and oversight mechanisms, focusing on the disability sector, and makes four recommendations to strengthen these mechanisms in the future.