23. Australia lacks a human-rights based approach to mental health laws. There are instances of indefinite detention of people with disability who are assessed as unfit to stand trial or not guilty by reason of mental impairment.47 The Commission is also concerned about the imposition of compulsory treatment and involuntary hospitalisation.48 • • • • • • • Information on the funding the new Disability Strategy Information on accessibility and equitable outcomes under the NDIS Information on labour-force participation for people with disability Information on implementing a nationally consistent supported decision-making framework Information on steps taken to address violence against people with disability Information about responses to issues affecting prisoners with a disability or mental health issues and strategies to address the rates of people with disability in the criminal justice system. Information on steps taken to address human rights concerns associated with mental health laws and practices Gender equality and gender-based violence 24. There are a range of gender equality gaps in Australia that impact on women’s right to work, right to just and favourable conditions of work and right to adequate standard of living for themselves and their family. Australia’s national gender pay gap is currently 14.2%, 49 contributing to the significant gap in retirement savings for women,50 and women are underrepresented in the workplace and in leadership roles.51 25. Women and girls face particular challenges during the COVID-19 pandemic, including economic impacts, increased risk of violence at home and the compounding effects of intersectional disadvantage.52 26. The Commission’s Respect@Work report identifies drivers and impacts of workplace sexual harassment, the adequacy of the current legal framework and measures to address this.53 While the Government has stated that it has accepted in whole, in part, in principle or noted all 55 recommendations of the report, a key recommendation to introduce a positive duty into the Sex Discrimination Act is still under consideration and should be implemented.54 In March 2021, the Commission was asked by the Australian Government to conduct a review into Commonwealth parliamentary workplaces, to ensure that they are safe and respectful and that the Parliament reflects best practice in prevention and response to bullying, sexual harassment and sexual assault. The Set the Standard report was subsequently released in November, making 28 recommendations for reform.55 27. The Commission notes the significance of the Fourth Action Plan of the National Plan to Reduce Violence Against Women and Their Children 2010–2022 and notes that the development of a subsequent National Plan is currently underway.56 The next plan should cover all forms of gender-based violence including domestic and family violence, sexual violence, online violence, gendered based elder abuse and sexual harassment. The intersection of gender with other forms of inequality results in women with disability and from Indigenous, LGBTQI, and culturally and linguistically diverse backgrounds experiencing higher rates of violence, and additional barriers to support.57 28. The prevalence of sexual harassment and sexual assault in schools58 and in universities59 negatively impacts upon education opportunities for women and girls in Australia.60 5