The Law Handbook 2024

778 NOTE The law in this chapter is current as at 1 September 2023. Disability is a part of normal human diversity, and for many people with disability, an important feature of their personal identity. While legal definitions are generally deficit-based, the social model of disability says that people are disabled by barriers in society. These can include physical barriers such as buildings having no ramps or accessible toilets. They can also include behavioural barriers such as negative stereotypes and assumptions about disabled people. Recent events affecting this chapter Two recent events have the potential to significantly impact the legal landscape for people with disability in the coming year. Recommendations from the Disability Royal Commission The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability ( Disability Royal Commission or DRC ) was established in April 2019 in response to community concern about widespread reports of violence against, and the neglect, abuse and exploitation of, people with disability. The Disability Royal Commission investigated: • preventing and better protecting people with disability from experiencing violence, abuse, neglect and exploitation • achieving best practice in reporting, investigating and responding to violence, abuse, neglect and exploitation of people with disability • promoting a more inclusive society that supports people with disability to be independent and live free from violence, abuse, neglect and exploitation On 29 September 2023, the DRC tabled its final report, with 22 recommendations to government. These include: • enacting a Disability Rights Act to give effect to the full range of obligations under the Convention on the Rights of Persons with Disabilities • strengthening the Disability Discrimination Act 1992 (Cth) • establishing a National Disability Commission • creation of a Minister for Disability Inclusion • developing a new supported decision-making framework and update of standards for guardians and administrators • access to independent disability advocacy • developing specialised health services for people with cognitive disability • ensuring appropriate legal frameworks around the use of restrictive practices • providing equal access to inclusive education for all students, and phasing out segregated schools • providing equal access to inclusive employment for all employees and phasing out segregated employment settings • providing equal access to accessible and safe housing for all, and phasing out segregated residential settings • protecting the rights of people with disability in the criminal justice system (and diversions from), and interacting with police • ensuring the rights of First Nations people with disability across all settings • embedding human rights in the delivery of disability services • improving oversight and regulation of disability services including independent complaints mechanisms • improving data collection about people with disabilities and the activities above. Understanding disability and the law 8.1 Contributor: Naomi Anderson, Legal Practice Manager, Villamanta Disability Rights Legal Service