Australian Human Rights Commission
Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019
82.
The Commission reiterates its concern about a lack of appropriate and
accessible housing in Australia, which severely limits the capacity of people
with disability in Australia to choose their place of residence (refer to the
information provided, and recommendations made, in section 4.5).
83.
In March 2019, the Australian Government released a Younger People in
Residential Aged Care—Action Plan, outlining Government action to reduce
the number of people under the age of 65 years living in aged care
facilities. The Commission welcomes the Action Plan. However, the Action
Plan should be revised to provide that no person aged under 65 years
should enter or live in residential aged care by 2025.
84.
A greater focus on the role of advocacy supports is also needed. The
Commission recommends that a specific stream of funding be introduced
within the National Disability Advocacy Program to fund advocacy
organisations to support people with disability currently residing, or at risk
of residing, in aged-care facilities.
85.
Finally, the Young People Action Plan does not sufficiently address the
needs of young people living in aged care facilities who may not be eligible
to access the NDIS. The Commission recommends that the Australian
Government develop and implement actions, with dedicated funding, to
support the transition of these young people to living independently in the
community.
Recommendation 40: The Australian Government develop a national
framework for the closure of all disability-specific residential institutions in
Australia, and the prevention of trans-institutionalisation including:
a. addressing how people with disability not eligible for the NDIS can be
supported to transition to live independently in the community
b. ensuring consistent quantitative and qualitative data collection
relating to people with disability who live in residential institutions.
Recommendation 41: The Australian Government review and amend the
National Disability Insurance Scheme (Specialist Disability Accommodation)
Rules 2016 and related operational guidelines and policies to ensure
alignment with Article 19 of the CRPD and General Comment No. 5 (2017).
Recommendation 42: The Australian Government introduce regulatory
safeguards to prevent young people with disability entering or remaining in
aged care facilities and strengthen the Younger People in Residential Aged
Care—Action Plan by:
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