disability rights Archives - Queensland Advocacy Incorporated

NDS and NDIS Outcomes Frameworks – QAI Submission

QAI made a submission to the Department of Social Service regarding their consultation paper on the NDS (National Disability Strategy) and NDIS (National Disability Insurance Scheme) proposed Outcomes Frameworks.

QAI agreed with the Department’s stated intention to focus on improving the implementation of both the Strategy and the NDIS, with renewed attention on measuring, monitoring and reporting of outcomes. QAI stated that if the Strategy and NDIS are to genuinely improve the lives of people with disability, there must be tangible change that facilitates the self-determination of people with disability and ensures the accountability of all stakeholders.

QAI made several recommendations, including the following:

The principles of universal design must be applied to all policy-making. The extent to which they are adhered to throughout the built and natural environment, services and programs and the provision of information is a quantifiable measure that could be incorporated into the Outcomes Frameworks.
The autonomy of people with disability must not be lost amid efforts to quantify progress in the Outcomes Frameworks. Rather, progress under the Outcomes Frameworks should be relative to the extent that people with disability exercise choice and control over their lives.
All people, regardless of their disability status, have a right to a basic standard of living. The level of payment under Australia’s welfare system and its equivalence with the minimum wage is a quantifiable measure that could be included in an Outcomes Framework. The eradication of ADE’s and the abolition of productivity-based wage assessment tools, when coupled with the expansion of meaningful employment roles in open employment, could also be indicators of increased economic security.
Progress towards achieving equitable access to suitable housing for people with disability can be measured through a reduction in the number of tenancies in congregated, segregated and Supported Independent Living (SIL) settings.
Measuring health and wellbeing requires more than quantifying a person’s access to health care services. The Outcomes Framework must be nuanced enough to decipher the quality of healthcare services that are accessed by people with disability as well as improvements in mortality rates.
A person’s ability to feel safe and have their rights promoted, upheld and protected is integral to the CRPD and must be ensured through robust accountability measures. The ongoing funding and uptake of a well-resourced disability advocacy sector is fundamental to achieving success in this domain. With Article 12 of the CRPD enshrining the right to equal recognition before the law and the model of supported decision-making, the level of a paradigm shift away from substitute decision-making approaches should be tracked under the Outcomes Frameworks through measures such as reduced applications for guardianship and administration, involuntary treatment and the use of Restrictive Practices.
The Australian Collective for Inclusive Education (ACIE) has produced a roadmap for achieving inclusive education in Australia, outlining six core pillars where efforts for change should be focused and providing a comprehensive list of short, medium and long-term outcome measures that will track progress over a ten-year period. As a member of ACIE, QAI endorses the roadmap and the outcome measures contained therein.
Personal and community supports must remain person-centred. This is in keeping with the diverse needs of people with disability and their right to self-determination. Continuity of service provision, together with the clarification of the interface between NDIS and mainstream services and education and training regarding this issue are important outcome measures. The introduction of the NDIS should not have the unintended effect of absolving state and territory governments from their responsibilities and the Outcomes Frameworks must remain alert to this throughout the life of the new Strategy.

2015 Summary of Submission – Senate Committee Inquiry – Violence, Abuse, Neglect PWD

QAI has campaigned for the closure of institutional and congregate care arrangements since
our inception in 1988, and have worked collaboratively with people with disability, family
members, other advocacy groups and allies to successfully close down a number of such
places. We need to support people to live in the community in accommodation arrangements
they choose.
Abusive practices can become embedded if they are not immediately addressed. When
subtle forms of abuse are viewed as harmless, more overt and serious issues are more likely
to occur and be ignored. People who are systematically abused can normalise this behaviour
and unwittingly perpetuate the abuse upon others. Other people who normalise abusive
behaviour can become perpetual victims.

Read the summary Summary Senate Inquiry – abuse

Woman in wheelchair alone looking out the window

Submission on the Impact of COVID-19 Restrictions on People with Disability in QLD

QAI made a submission to the Senate Select Committee on the impact restrictions put in place to minimise the spread of COVID-19 have had and continue to have on people with disability in Queensland.

You can read the full submission that details QAI’s significant concerns here.

Below is a short excerpt from the submission:

Background

The federal and state governments have implemented never seen before measures to slow the spread of COVID19 (Coronavirus) through the community. These restrictions, whilst necessary, have significant impact on people with disability and cause further disruption and disadvantage to our lives.

QAI and other disability advocacy organisations believe that people with disability have not been properly considered by government decision makers during this process and that more immediate consultation needs to be held with our community so that appropriate support measures can be put in place before further trauma is caused. Systems and processes also need to be clarified so that people with disability also can feedback their experiences during this time.

How the New Queensland Human Rights Act Can Assist People with Disability

Emma Phillips, QAI’s Deputy Director and Principal Solicitor has written an opinion piece for the Australian Lawyers Alliance on how the Queensland Human Rights Act 2019 (the Act), which commenced on January 1 this year, can assist people with disability. The article goes through the individual human rights protected in the Act and how they may relate to those with disability specifically.

You can read the article here on the Australian Lawyer’s Alliance website.

Emma Phillips at lectern giving presentation

Emma Phillips Gave a Presentation on the Human Rights Act Qld and Disability

Emma Phillips, QAI’s Deputy director and Principal Solicitor, gave a presentation on February 7^th to the Australian Lawyer’s Alliance called “Righting inhuman wrongs – How the new Human Rights Act 2019 (Qld) can assist clients with disability and mental illness”.

You can view the slides from Emma’s presentation here.

Free and Equal: An Australian conversation on human rights – QAI Submission

QAI made a submission in October 2019 to the Australian Human Rights Commission on Free and Equal: An Australian conversation on human rights.

QAI’s Recommendations:

The Australian Human Rights Commission should support introduction of a federal Human Rights Act which protects the fundamental civil, political, economic, social and cultural rights contained in the United Nations treaties Australia has signed and ratified.
QAI submits that a federal Human Rights Act should protect all civil and political rights, as well as a broad range of economic, social and cultural rights.
In the initial period of operation of a Human Rights Act, court access could be limited to breaches of civil and political rights only, with the remaining rights progressively realised by becoming actionable after a designated period.
A federal Human Rights Act should include an accessible enforcement mechanism and remedies for breach.
QAI supports a model akin to the ‘dialogue mode’ of human rights protection implemented through the Queensland and Victorian human rights legislation, under which human rights are taken into account when developing, interpreting and applying the law and a dialogue between the different arms of government (legislature, executive and judiciary) is facilitated.
The right to life, the right to freedom from torture and slavery, freedom from forced work, the right to liberty and security of person, humane treatment when deprived of liberty, and the right to a determined period if liberty is deprived, the right to a fair hearing and the rights of children in the criminal process should be absolute or non-derogable (not able to be denied, limited or restricted in any way). Other human rights are not absolute and can be subject to reasonable and proportionate limitations.
A federal Human Rights Act should recognise the equal, inalienable human rights of all human beings and explicitly acknowledge that the exercise of one person’s human rights must respect the human rights and dignity of other humans.
A federal Human Rights Act should include an independent cause of action for breaches of the human rights protected in the Act, the ability to make a complaint to the Australian Human Rights Commission and for the complaint to be heard and reconciled by the Commission. It should include the full range of judicial remedies for breach, including declarations, injunctions, orders to cease the offending conduct and damages, and should protect complainants against adverse costs orders, except in exceptional circumstances. A federal Human Rights Act should include provision for class actions to be brought, in recognition that human rights are often of special significance to a particular group, with standing given to appropriate representative organisations in the position to support or represent individuals and groups of people whose human rights have been breached and who have specialised skills or knowledge that is helpful for a particular group(s).
The federal Government should provide a broad program of education to increase Australia’s literacy about human rights.
Government must take the lead in modelling progressive change, such as by imposing and honouring quotas for the employment of persons with disability in government departments and requiring all government schools, social welfare, health and other services to be properly accessible and inclusive.
The government should call on the Australian corporate sector and community organisations to pledge their commitment to protecting human rights and developing a human rights culture in Australia.
The Australian Human Rights Commission will have a pivotal role in educating individuals, the community and government departments and agencies on their rights and responsibilities under the human rights legislation and international law and supporting attendance at United Nations conferences and sessions.
QAI submits that a federal Human Rights Act should include provision for statutory review of the legislation within designated timeframes. Review must be authentically undertaken, with action in response to recommendations monitored, including review of relevant case studies, reports by NGOs and reporting by the United Nations.
It is vital that adequate resources are committed to realise human rights law, policy and practice.

You can read the full submission here.