So here I am, on Friday, February 2, 2024, finally finding a few precious hours to delve into the final report of the Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disability.
The final report was first published on 29 September 2023 with subsequent minor corrections made to the report and updated and published on 02 November 2023.
As I sit here with a warm cup of tea in one hand, trying not to drop crumbs of my wife’s delectable homemade shortbread on the keyboard, I’m reminded of the significance of this moment. The release of this report marks a milestone in our collective efforts to address the systemic issues faced by people with disabilities.
Now, let’s be honest – reading a report of this magnitude in its entirety is no small feat. It spans an impressive 12 volumes, comprising a staggering 6,788 pages and over three million words. And if that wasn’t enough, the report includes close to 10,000 personal experiences, giving voice to those who have endured unimaginable challenges.
Given the constraints of time, I must confess that I, like many others, have had to be selective in my reading. Naturally, my focus was drawn to Volume 8, aptly titled “Criminal Justice and People with Disability.” At Chimein Recovery Services, we work closely with NDIS participants who have contact with the justice system, making this volume particularly relevant to our work.
While there were aspects of this volume that did not come as a surprise, it was the recommendations put forth by the commission that truly captured my attention. Specifically, Part 6 of the volume, titled “The NDIS and Criminal Justice Interface,” which explores the intricate dynamics between the National Disability Insurance Scheme (NDIS) and the criminal justice system.
This section delves into the challenges faced by individuals with disabilities who find themselves entangled in the legal system. It provides a comprehensive analysis of the existing interface between the NDIS and the criminal justice system, highlighting areas for improvement and proposing innovative solutions.
To provide you with a snapshot of Part 6 – Volume 8, here are the key points as quoted directly from the report:
- “The criminal justice system lacks a clear delineation of responsibilities between the National Disability Insurance Scheme (NDIS) and states and territories. This lack of clarity particularly affects people with disabilities in custody. For instance, it remains unclear whether the NDIS or the states and territories are responsible for providing or funding their supports while they are in custody.”
- “The Australian Government and state and territory governments should conduct a review of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 and the Applied Principles and Tables of Support. This review aims to establish clear guidelines for determining which supports will be funded by the NDIS for participants involved in the criminal justice system.”
- “The review should focus on clarifying the distinction between criminogenic-related supports and disability-related supports. Additionally, governments should explore specific initiatives to enhance coordination between service systems. In cases where it is not feasible to clearly define responsibilities, joint funding arrangements should be considered.”
- “The National Disability Insurance Agency should modify its guidelines to explicitly state that a release date for people with disabilities in prison and juvenile detention is not required to fund reasonable and necessary transition supports.”
These key points highlight the need for a more defined and coordinated approach between the NDIS, the criminal justice system, and states and territories. By addressing these issues, we can ensure that individuals with disabilities in the justice system receive the necessary supports and a smooth transition back into the community.
This chapter of the report provides valuable insights and recommendations that can guide policy changes and improve outcomes for people with disabilities involved in the criminal justice system. It is crucial that our governments pay attention to these recommendations and work towards a more inclusive and equitable system for all.
https://disability.royalcommission.gov.au/publications/final-report