Disability advocates 'devastated, disappointed and caught off guard' by royal commission response (2024)

The federal government has revealed its response to the landmark disability royal commission, but not committed to a number of the most contentious recommendations, including phasing out special schools, group homes and segregated employment.

In responding to 172 of the recommendations it has primary or shared responsibility for, the Commonwealth has not committed to introducing a disability rights act or creating a federal disability department.

Wednesday's initial response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, which cost almost $600 million, came 10 months after the final report was released, and four months after the commissioners' recommended response deadline.

The Commonwealth said it would continue to work closely with state and territory governments, as well as people with disability, to implement the reforms.

"Our government is absolutely committed to the vision set out in the disability royal commission and to enabling policy and delivering services that realises the vision of an Australian community where people with disability are free from violence, abuse, neglect and exploitation," Social Services Minister Amanda Rishworth told reporters in Sydney.

Ms Rishworth said the government had accepted in principle the vast majority of recommendations and "no-one could accuse our government of not taking this seriously".

All governments will remain accountable through six monthly reports on implementation progress, as well as an annual update to national cabinet, she added.

"We agree with many of the recommendations and we've got to think about a few more of the issues that are raised there," NDIS Minister Bill Shorten said.

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Most of the 13 recommendations accepted without a caveat were small legislative suggestions or work already underway, such as updating Australia's Disability Strategy.

Recommendations accepted in principle include those to strengthen the Disability Discrimination Act, and improve access to information and interpreters, including Auslan.

The government has pledged $369 million towards this initial response, $227.6 million of which is for an employment program already announced in the May federal budget and also includes $12 million to amend the Migration Health Requirement and $20 million for "grassroots efforts to improve community attitudes around disability".

The controversial recommendation to phase out special schools was listed as "noted" by the Commonwealth, and said the states would continue to be responsible for such decisions.

It also said recommendations on guardianship laws, ending non-therapeutic sterilisation, supported decision-making and the justice system were the responsibility of, or better looked after by, the states and territories.

Recommendations to phase out segregated employment by 2034 and group homes within 15 years were listed as needing further consideration, as was the co-design of a new complaints mechanism and a new scheme allowing employees with disability to be paid at least half the minimum wage.

Response an 'insult', advocates 'devastated'

Greens senator Jordon Steele-John — who fought to establish the commission after entering parliament as the first openly-disabled federal politician — said the initial response was "an insult to the disability community".

"We had hoped that through sharing our stories ... that our government would listen and take action. They've failed to do so," he told the ABC.

Marayke Jonkers, president of People with Disability Australia, said the response did not fully address the majority of the recommendations.

"Today us and our members are devastated, disappointed and completely caught off guard," she told reporters in Brisbane.

El Gibbs, Disability Advocacy Network Australia's Director, Policy and Advocacy, said while there were "some good things" in the initial response, overall she was "just not seeing the scale of response that we needed".

"Governments have had [more than] nine months to respond and we needed to see far more detail and commitment to stopping this terrible scourge of harm against disabled people," she told the ABC.

Children and Young People with Disability Australia CEO Skye Kakoschke-Moore said the lack of a firm commitment on inclusive education was "a failure of leadership" and a "betrayal" of young people with disability.

"We owe it to the next generation of students with disability to act swiftly and decisively in phasing out segregated education," she said in a statement.

"States and territories must step up, but they need support from the federal level to make inclusive education a reality."

Ross Joyce, CEO of the Australian Federation of Disability Organisations, said it appeared as though many recommendations had been "kicked further down the road".

"The whole sector is disappointed … we thought there would be a whole lot more coming through," he told the ABC.

'Harrowing evidence'

The nearly four-and-a-half-year royal commission made 222 recommendations in total calling for sweeping changes across all parts of society.

Some 10,000 people shared what the commission's final report said was "harrowing evidence" about violence, abuse, neglect and exploitation that occurred in the community, in homes and in places where people with disability access services.

That included instances of sexual assaults of people with disability by carers, children being removed from their mothers immediately after birth, forced sterilisation and workers being paid $2.50 an hour for manual labour.

When the final report was made public last year, commissioners recommended governments respond by the end of March 2024.

Federal, state and territory governments missed that deadline and pushed their responses back to "mid-year" due to the "scale and complexity of reform recommended, and the importance of consulting widely".

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