15. The Commission’s Wiyi Yani U Thangani project identifies actions to improve the human rights of
Aboriginal and Torres Strait Islander women and girls. This includes an urgent focus on reducing
over-representation of Indigenous people in care and protection systems,31 criminal justice,32
and as victims of family violence,33 with a focus on trauma recovery. A key recommendation is
the development of a National Action Plan for Aboriginal and Torres Islander Women and
Girls.34
16. Significant concerns remain about the evidentiary requirements under the Native Title Act 1993
for proving Indigenous peoples’ connection to country.35 The Commission also notes the Joint
Standing Committee on Northern Australia’s ‘Final report into the destruction of Indigenous
heritage sites at Juukan Gorge’, which found that deficiencies exist in Aboriginal and Torres
Strait Islander cultural heritage legislation in all Australian jurisdictions.36
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Information on the implementation of UNDRIP
Information on steps taken to institute Constitutional reform, including a Voice to
Parliament as set out in the Uluru statement
Information about funding and actions to achieve Closing the Gap targets by 2031
Information on steps taken to implement the Wiyi Yani U Thangani project
recommendations
Information on steps to be taken to better recognise and protect Indigenous peoples’
native title rights and interests
Information on the adequacy of Aboriginal and Torres Strait Islander cultural heritage
protection
People with disability
17. The National Disability Strategy 2010–2020 was chronically underfunded, with key commitments
not achieved. A new Strategy was launched in December 2021.37
18. The Commission is concerned that people with disability are treated inconsistently under the
National Disability Insurance Service (NDIS), resulting in inequality of access and outcomes.
People who face social, cultural, educational or literacy barriers and/or experience
intersectional discrimination are often disadvantaged accessing the NDIS. 38
19. Rates of labour force participation of people with disability have not improved.39 The
Commission’s IncludeAbility project aims to increase access to meaningful employment for
people with a disability by building greater capacity among public and private sector
organisations.40 The Commission’s 2015 Willing to Work report contains recommendations for
addressing discrimination against older Australians and Australians with disability.41
20. Australia has not implemented a nationally consistent supported decision-making framework
and lacks legislation prohibiting the sterilisation of people with disability without consent.42
21. There are high rates of violence against people with disability,43 in particular, women and girls.44
The Commission is also concerned about the lack of a nationally consistent approach to
eliminating the use of restrictive practices.45 The Commission welcomes the Royal Commission
into Violence, Abuse, Neglect and Exploitation of People with Disability.
22. People with disabilities have higher rates of interaction with the criminal justice system than
other Australians. There is also a high rate of disability among Aboriginal and Torres Strait
Islander peoples and they are over-represented in Australian prisons.46
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