Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 use of restrictive practices, including data on the reported use of regulated and non-regulated restrictive practices, be made publicly available. 71. The Commission has been leading a civil society consultation to support Australia’s ratification of the Optional Protocol to the Convention against Torture (OPCAT) and implementation process, including the establishment of a National Preventive Mechanism (NPM).68 A number of stakeholders noted the importance of: (a) the NPM being disability aware and inclusive of people with disability,69 and (b) OPCAT compliance to extend to disability-specific institutions.70 Recommendation 32: The Australian Government work with State and Territory governments to develop a national framework to monitor and regulate the use of restrictive practices, against people with disability, with a view to reducing and eliminating their use, in all settings and contexts where they are used, including justice, education, health, mental health and aged care facilities. Recommendation 33: The Australian Government direct the NDIS Quality and Safeguards Commission to report annually on the progress made towards reducing and eliminating the use of restrictive practices and publish data on the total number of reported uses of restrictive practices. Recommendation 34: The Australian Government implement OPCAT with a view to applying it to all places of detention where an individual is or may be deprived of his or her liberty, including disability-specific settings, such as mental health facilities, forensic psychiatric or disability units, residential institutions (including group homes) and segregated educational facilities. 4.11 Freedom from exploitation, violence and abuse (CRPD art 16, CO 37–38, LOI 19) 72. The Commission commends the Australian Government for establishing the Royal Commission and welcomes the broad scope of the terms of reference, which recognises the human rights and fundamental freedoms of people with disability under the CRPD.71 It is essential that the Royal Commission is fully accessible and inclusive of people with disability. 73. The Commission also welcomes the establishment of the NDIS Commission. However, additional oversight, complaint and redress mechanisms are needed for people with disability who are not NDIS participants. 22