In September 2023, the Disability Royal Commission (DRC) made 222 recommendations for building a better, safer, and fairer Australia for people with disability.
These were based on evidence from 32 public hearings and nearly 8000 submissions it received – including 22 from CYDA – since it launched in 2019.
After nine long months of additional waiting, Federal, state and territory governments finally published their responses to the report last week.
Here we break down what they said about the recommendations likely to impact children and young people with disability and their families.
We’ll look at education, employment, housing, restrictive practices, and criminal justice.
The Northern Territory is not featured in this analysis as it plans to release its response after its election in late August.
You can download a comparison of each jurisdiction’s response to individual recommendations using the buttons below.
What’s happening with education?
Education is a key issue for our community, with one in 10 of the more than 380,000 primary and secondary students in Australia having disability.
Unfortunately, government responses to the DRC’s recommendations around early childhood learning and schooling are a mixed bag at best, and deeply disappointing at worst.
To start on a positive note, all states and territories have said yes “in principle” to making mainstream education accessible to everyone.
Generally, “in principle” means they agree with the overarching policy intent of a recommendation but may have different views on how to make it a reality.
It’s a good indicator that governments acknowledge there are problems but leaves ambiguity about how exactly they’ll address them.
To some degree, every state and territory has supported improving:
- Prevention of exclusionary discipline (rec 7.2)
- Policies for reasonable adjustments (rec 7.3)
- Career guidance and transition support (rec 7.5)
- Student and parental communication (rec 7.6)
- Workforce capability and development (rec 7.8)
- Building data, evidence and best practice (rec 7.9)
- Complaints management (rec 7.10); and
- Funding for education providers (rec 7.12)
Notably, there has been strong support for the creation of inclusive education units that include First Nations expertise, with the Australian Capital Territory, New South Wales, Tasmania, and Victoria fully accepting the relevant recommendation 7.7.
It is also great to see that every jurisdiction has recognised the need for a National Roadmap to Inclusive Education (rec 7.13).
Having clarity around outcome measures, targets, actions, and milestones for delivering inclusive education is something CYDA has long called for as the chair and national co-convenor of the Australian Coalition for Inclusive Education (ACIE).
Unfortunately, government commitment falters around one of the most crucial recommendations made by the DRC: the phasing out of segregated education (rec 7.14).
Research shows that all students benefit from inclusive classrooms, but true inclusion isn’t possible under the current discriminatory system in which 70% of disabled students have experienced exclusion.
In their responses, not one government accepted this recommendation even “in principle”, with Victoria explicitly rejecting it in favour of the continued operation of special schools.
Most of the others – including the Federal government – have simply ‘noted’ the recommendation, meaning there is a real risk Australia will not transform our education system into a truly inclusive one.
The Federal government also did not announce any additional funding to support more inclusive practices in schools
We are concerned this overshadows the “in principle” acceptance of other education recommendations.
Let’s talk employment
Young people with disability often face unfair barriers when trying to get and keep a job, with recent data showing they are three times as likely to be unemployed than older adults with disability.
The DRC made several recommendations around improving employment opportunities for young Australians, some of which have been taken on board by policymakers.
Recommendation 7.16, which called for inclusion to be prioritised in the Federal Government’s new Disability Employment Services model, were fully accepted in its response.
CYDA originally endorsed this recommendation but called on the government to go further with its adoption by including reforms to reduce stress on job seekers with disability.
The Federal Government has also fully accepted calls to improve information about wages and the Disability Support Pension (rec 7.28) by funding vital information campaigns.
However, as was the case with education, a key recommendation has been left in limbo.
The Federal government has accepted “in principle” a transition to inclusive employment but failed to commit outright to the related recommendation 7.32 to end segregated employment by 2034.
Instead, it has left the matter open to further consideration. This is disappointing for the disability community which has been campaigning for action in this space for years.
Housing and homelessness
Nearly 40% of the more than 116,000 Australians who experienced homelessness in 2021 were aged 24 or under, while 5% of Australia’s homeless population are people with profound or severe disability.
Government responses to DRC recommendations around housing promisingly show widespread recognition of the housing challenges facing people with disability, especially children and young people.
All jurisdictions agreed “in principle” to prevent homelessness for people with disability by helping them to find safe and appropriate housing when they transition from a service or institutional setting (rec 7.39).
Every government has also given “in principle” support to recommendation 7.42 which called for improving access to alternative housing options.
Queensland is the exception as it has opted to give the issue more consideration.
What’s important now is that we see governments stand true to their “in principle”
Ending restrictive practices
A 2022 CYDA survey found that one in four students with disability had been subjected to restrictive practices like restraint or seclusion.
Restrictive practices can never be safe, cause trauma and harm, and are a serious breach of human rights. They must be eliminated completely.
Except for New South Wales, all states and territories have agreed “in principle” to recommendations 6.35 and 6.36, which call for legal frameworks and immediate action to prohibit certain forms of restrictive practices.
The Federal government has also agreed “in principle” to commission a study about the impact of positive behaviour support and other strategies to reduce and eliminate restrictive practices (rec 6.38).
All jurisdictions accept “in principle” the need to have clear targets and performance indicators to reduce and eliminate restrictive practices (rec 6.40).
What about criminal justice?
The response to recommendations around criminal justice varies significantly between governments.
Victoria and Tasmania have fully accepted recommendation 8.3 to prohibit solitary confinement in youth detention, New South Wales has accepted it “in part”, and the Australian Capital Territory, South Australia, and Western Australia have accepted it “in principle”.
Queensland is the only state without a clear position, opting to consider the issue further before making a decision.
The Federal government has also fully accepted the NDIA should issue guidelines making it clear that a release date from custody is not necessary for funding approval for transitional supports (rec 8.18).
All jurisdictions also accept “in principle” the need for an action plan to end violence against women and children with disability (rec 8.23).
Our overall thoughts
The Disability Royal Commission took four-and-a-half years to investigate issues of violence, neglect, abuse, and exploitation of people with disability and publish its report, and governments took nine months to deliver their responses.
But the disability community has been calling for tangible action for much longer.
Sadly, the Federal government accepted or supported in full only 13 out of the 172 recommendations it was responsible for.
It accepted “in principle” 117 and deemed 36 in need of further consultation.
As we have seen, the responses from states and territories are similar.
Disability rights organisations, and the broader community, have waited too long for change to be satisfied by vague commitments and even more delays.
CYDA will continue to lobby Federal, state and territory governments to ensure the rights of children and young people with disability are recognised, valued, and respected.
More information:
Access CYDA’s original February submission to the government on the response to the DRC here:
Access the Joint Government Response to the DRC here:
Access individual Federal, state and territory government responses here:
