House debates

Monday, 29 July 2019

Resolutions of the Senate

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability; Consideration of Senate Message

1:20 pm

Photo of Stuart RobertStuart Robert (Fadden, Liberal Party, Minister for the National Disability Insurance Scheme) Share this | Hansard source

I thank the members who have spoken during the debate on this motion, and it's good to see Senator Steele-John here in the House. As always, you are very welcome.

The Australian government—and I know I can also speak for the opposition in this role—takes violence, abuse, neglect and exploitation of people with disability very seriously. That's why on 5 April this year the government announced the establishment of a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. The royal commission will run for three years, delivering an interim report no later than 30 October next year and a final report no later than 29 April 2022.

It's important to recognise that all state and territory first ministers provided formal or in-principle support for a joint royal commission. This is a national effort. A joint royal commission will allow the royal commission to look into matters that are the primary responsibility of the states and the territories. That includes health, mental health, education, justice settings and other interface issues between levels of government. Once the royal commission commences, details of how and where to make submissions will be available on the commission's website, and I encourage all Australians to be involved if they feel led.

In the meantime, the government will continue to take significant steps to make sure that the services and the supports provided to people with disability adhere to strong quality and strong safeguards. This includes establishing the NDIS Quality and Safeguards Commission, which is already operating in every state and territory except Western Australia, where it will commence operations from 1 July 2020. It is very important that people with disability and their families, carers and advocates know that during the royal commission they should continue to report any violence, abuse, neglect or exploitation to the appropriate authorities.

The total funding for this important inquiry is $527.9 million. Over half a billion dollars is being put forward to ensure that voices are heard and truth is achieved. This includes $102.2 million over three years allocated to the Department of Social Services to fund individual advocacy support and counselling services for people participating in and impacted by the royal commission. The government has consulted widely on the development of the terms of reference, including disability peak bodies, state and territory governments and members of the public. Indeed, the Prime Minister personally wrote to all premiers and chief ministers on 21 February this year seeking their in-principle agreement to establish the royal commission. The government also held an out-of-session meeting of the Disability Reform Council on 8 March this year to seek agreement to establish the royal commission.

Furthermore, the Department of Social Services ran a public consultation on the draft terms of reference from 13 to 28 March this year, closing at midnight on that later date. Targeted consultation was also undertaken with disability peak bodies and advocates and of course more widely with state and territory governments. The government received over 3,700 responses to the online survey on the draft terms of reference. Thirty per cent of respondents were people with disability, which was pleasing to see; 96 per cent of respondents agreed that the terms of reference should cover all forms of violence, abuse, neglect and exploitation of people with disability in all settings where they occur; and 95 per cent of people agreed that the terms of reference should look at all aspects of the quality and safety of services for people with disability.

This entire process has been done with the widest possible consultation, the widest possible support from state and territory governments and the full concurrence of the COAG Disability Reform Council. The Hon Ronald Sackville AO QC was appointed as the chair of the royal commission, supported by five other royal commissioners: Ms Barbara Bennett PSM, Dr Rhonda Galbally AC, Ms Andrea Mason OAM, Mr Alastair McEwin and the Hon John Ryan AM. Appointments of commissioners were made by the Governor-General based on recommendations from the Prime Minister. The government will continue to stand by these appointments, noting that this process has had significant and sustained consultation.

Mr Ryan and Ms Bennett were appointed because they have valuable contributions to make to the inquiry. Both commissioners have been recognised for their significant contribution to public service in their respective fields. To the extent that any commissioner's association with people with disability has the potential to be in conflict with an aspect under inquiry, the commissioner has processes in place to identify and manage that matter. I'll go into those processes shortly. I am confident that the royal commission will undertake its inquiry with diligence and the necessary impartiality for all those engaging with the commission. The panel of six commissioners was selected to represent a diverse range of backgrounds, including lived experience of disability, judicial and policy experiences and Indigenous leadership. In making these appointments the government sought recommendations from both the disability sector and state and territory governments. Again not only the formation of the royal commission and the establishment of its terms of references but the appointments of the commissioners were done with wide state and territory consultation, including with ministers that sit around the Disability Reform Council and/or their respective premiers or chief ministers.

At the time of the appointment of the royal commission each commissioner was required to disclose any conflicts or risks of conflicts to the official secretary and take any steps reasonably required by the office of the royal commissioner to resolve or deal with any conflicts as a condition of appointment. Indeed at a meeting of the royal commissioners on 19 June 2019 the issue of potential conflicts of interest was carefully and fully traversed by the commissioners. The commissioners declared their real, perceived and potential conflicts of interest to each other and there was a careful analysis of these declarations and a considered review of the potential impact each person's declaration may have on the conduct of meetings or hearings of the commission and the conduct of research and the formulation of recommendations and the times when it may be necessary for an individual commissioner to excuse themselves from participation in a particular issue or a component of an issue. Generally where individual commissioners have previously been engaged in a statutory or public sector position which intersected with the work or potential work of the commission then that intersection was clearly identified and noted and will be acted upon when and if such an issue arises at any time during the life of the commission.

It is important also to understand the current quality and safeguarding arrangements in place for people with disability, because the government is taking significant steps to make sure services and supports provided to people with disability adhere to the strongest quality and safeguards possible. This includes the establishment of the NDIS Quality and Safeguards Commission, which has hit the ground running. All governments of all persuasions across this country remain committed to ensuring appropriate safeguards are in place. It is important to note that the NDIS commission is an independent statutory authority that works to improve the quality and safety of NDIS services and supports. The commission will register all providers, handle complaints, receive reportable instances, manage quality standards and enforce a code of conduct for NDIS providers and workers. As stated, the commission commenced operations in New South Wales and South Australia at 1 July last year and in the rest of the country from 1 July this year, except in WA, where it will start 1 July next year.

The government has put an enormous amount of thought into the royal commission, its terms of reference and commissioners. It has gone out of its way to embrace fully the reflections of states and territories, their respective disability ministers and respective Premiers and Chief Ministers. The Prime Minister has been personally involved in—

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