On 30 July 2024, the Federal Government published its response to the Disability Royal Commission. The Federal Government responded to the 172 recommendations that it was found to be responsible for. The federal government:
- accepted in full 13 recommendations
- accepted in principle 117
- is still considering 36 recommendations, and
- is noting six recommendations.
This outcome is disappointing for the over 10,000 people with disability and their allies who shared their experiences with the Disability Royal Commission.
In our initial submission to the Disability Royal Commission, VMIAC strongly advocated for the elimination of restrictive practices, including seclusion. It is VMIAC’s view that there is no place for restrictive practices in the mental health system. Elimination of restrictive interventions is one of VMIAC’s most long-standing campaigns and our position can be found on our website.
While VMIAC is glad to see that Recommendation 6.37 around psychotropic medications has been accepted, we are concerned that associated recommendations around restrictive practices have only been accepted in principle.
VMIAC understands that accepting in principle indicates that the federal government does intend to implement the recommendation, however there is a lack of specificity around how the federal government is planning to act on the recommendation, including a lack of timeframes for when these recommendations will be achieved.
There must be a clear commitment and plan by the federal government for the removal of restrictive practices, including seclusion. Failure to do so will result in continued harm to consumers and people with disability and will enable restrictive practices to remain in our health and mental health systems.
VMIAC will continue to advocate for federal, state and territory governments to implement the DRC recommendations, alongside our partners and consumer allies. We have summarised the federal government’s decisions that most impact people with psychosocial disability in the table below. For an overview of the DRC and a broader analysis of how the federal government’s response impacts people with disability, please visit:
TABLE 1 – Federal Government’s decisions around the Disability Royal Commission recommendations that relate to psychosocial disability, mental illness, mental ill-health, and distress
| Recommendation relating to psychosocial disability, mental illness, mental ill-health, and distress | Government’s decision |
| 5.4: Review national agreements, strategies and plans; including the National Mental Health and Suicide Prevention Agreement and those relating to health services, such as those for Preventive health, community health, and mental health. | Accepted in principle |
| 6.34: Introduce disability health navigators to support navigation of health care for people with disability; including funding for a national workforce of ‘disability health navigators’ to help people with disability and complex health needs navigate and access all aspects of the health and mental health systems. | Accepted in principle |
| 6.37: Data collection and public reporting on psychotropic medication | Accepted The initial DRC report called on the NDIS Quality and Safeguards Commission (NDIS Commission), the Australian Commission on Safety and Quality in Health Care and the Aged Care Quality and Safety Commission to publish joint annual progress reports against the inappropriate use of psychotropic medicines to manage behaviours. The Psychotropic Medicines in Cognitive Disability or Impairment Clinical Care Standard was released in May 2024. |
| Accepted in principle, the federal government has invested $1.2 million in a whole-of-government approach to reducing and eliminating restrictive practices. This work will include establishing targets and performance indicators within the NDIS and developing a joint action plan with states and territories. | Accepted in principle, The federal government supports in principle the National Disability Research Partnership (NDRP), commissioning a longitudinal study of the impact of positive behaviour support and other strategies to reduce and eliminate restrictive practices and supports its co-design with people with disability and other relevant stakeholders. |
| 6.39–6.40: Restrictive Practices; including working with states and territories to develop consistent data definitions and collection methods on restrictive practices across all jurisdictions and align reporting periods. | Accepted in principle The federal government supports in principle the National Disability Research Partnership (NDRP) commissioning a longitudinal study of the impact of positive behaviour support and other strategies to reduce and eliminate restrictive practices and supports its co-design with people with disability and other relevant stakeholders. |
| 7.39: Preventing homelessness when people with disability transition from service or institutional settings; including for people transitioning from health and mental health services. | Accepted in principle |
| 8.12: Implementation of the National Principles Relating to Persons Unfit to Plead or Not Guilty by Reason of Cognitive or Mental Health Impairment. | Accepted in principle The federal government and state and territory governments have committed to review the National Principles, including aspects regarding indefinite detention and the availability of step-down accommodation. |
| 8.13: Data about people detained in forensic systems; including federal, state and territory governments supporting legislation requiring the annual collection and publication of data relating to people found unfit to plead or not guilty by reason of cognitive or mental health impairment | Accepted in principle |
| 8.20: Improving police responses to people with disability; including federal, state and territory governments collaborating with people with disability in the co-design, implementation and evaluation of strategies to improve police responses to people with disability. | Accepted in principle The Australian Federal Police (AFP) is currently developing a Disability Action Plan to continuously improve the AFP’s approach to people with disability and mental illness. |
| 10.20: Making complaint processes accessible | Accepted The initial DRC report recommended that the NDIS Commission should enhance the accessibility of its complaint handling processes, including adjustments for people with mental illness or psychosocial disability. In February 2023, the NDIS Commission introduced a new national complaint handling model to improve accessibility and responsiveness of its complaint handling processes, including a contact and early resolution centre; a safeguarding unity; and a national structure for complaints operations. The NDIS Commission has also implemented ‘no wrong door’ approach for complaints to improve accessibility. |
| 11.12–11.13: Community Visitor Schemes. | Accepted in principle Community visitors are statutorily appointed members of the community with powers to visit, inspect, and report on the experiences of people living in congregate disability settings, including mental health facilities. The federal government is committing $4.4 million to drive a nationally consistent approach to state and territory operated disability community visitor schemes to ensure people with disability have equitable and consistent access to community visitors as a safeguarding mechanism. |