The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was established on 4 April 2019. The Commonwealth Government has committed $527.9m for the inquiry. The Royal Commission will be based in Brisbane, however, hearings will take place around Australia. The Commission began on 16 September, where the domains of inquiry were announced. It was noted that restrictive practices will be a particular focus of the Commission early in the proceedings.

The Hon Ronald Sackville has been appointed as Chair of the Royal Commission. He will be supported by six other Royal Commissioners. They are required to provide an interim report by 30 October 2020, and final report by 29 April 2022. There have already been calls for two Commissioners, Barbara Bennett and John Ryan, to step down. These Commissioners had previous roles implementing disability policy in the public sector. While they have agreed to sit out of hearings that present a conflict of interest, there have still been calls for their resignation.

The Royal Commission will apply to all people with disability (PWD). It recognises that people with disability have specific, multilayered experiences depending on factors such as age, gender, sexual orientation or race. It will apply to all settings and contexts including community, institutional and residential settings. The Royal Commission is a chance for PWD to share their experiences and stories.

People can contribute to the Royal Commission through submissions. These opened on 30 July 2019 and will be accepted until the end of April 2020. Anyone can make a submission and receive legal advice, advocacy assistance and counselling services[1]. Commissioners will also listen to witnesses about their knowledge and experiences at hearings. Private sessions will be available for people with disability who have experienced violence, abuse, neglect and exploitation.

How could the Royal Commission impact disability service providers?

Organisations can be summoned as witnesses to give evidence or produce documents and information. The Royal Commission holds compulsory powers to gather information and evidence, including the power to demand documents, written statements and giving evidence in person. Letters have already been sent to a number of the largest NDIS providers requesting information. The Australian Government is funding legal financial assistance to individuals and entities to help with legal representation and other costs incurred from engaging with the Royal Commission.

The Royal Commission is confronting for many disability service providers as it will require a large amount of staff resources to find documents requested by the Commission. At a recent Quality and Safety in the NDIS conference in Sydney, Lisa Giacomelli, COO of YMCA spoke about the lessons learned from the Royal Commission into Institutional Responses into Child Sexual Abuse. The YMCA has 1800 staff in 100 locations in NSW and ACT – responding to that Royal Commission involved the staff time of four senior managers for over 6 months. This Royal Commission is an opportunity for service providers to act responsibly by demonstrating credibility, reputation and commitment to protecting people with disability. Management should be preparing now by finding and digitising all records. Reflect on your policies and processes and ensure your organisation is putting these into action. If you have concerns your organisation is not meeting its compliance obligations, visit our product comparison page to see which of our products can help you.

The Disability Royal Commission is a positive development that PWD have been advocating for a number of years. The findings and recommendations will provide a step towards improving the lives of people with disability in Australia. For providers, it is a chance to ensure you are providing quality services as per the new NDIS Quality and Safeguarding Framework and undertaking the correct measures to protect people with disability. Centro ASSIST will continue to provide updates throughout the Royal Commission.

[1] https://www.dss.gov.au/disability-and-carers-programs-services-for-people-with-disability-national-disability-advocacy-program-ndap-operational-guidelines/list-of-agencies-funded-under-the-national-disability-advocacy-program

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