Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 47. The Commission commends the establishment of an eSafety Commissioner.46 The eSafety Commissioner’s role initially focused on cyberbullying of young people, but has since expanded to include improving the digital confidence and skills of senior Australians, and establishing a national online complaints mechanism.47 The Government has also committed to undertaking a prevalence study. A scoping study has already been undertaken and a tender has been issued. Recommendation 13: That the Australian Government implement recommendations from the ALRC’s report Elder Abuse—A National Legal Response and continue to work towards the development of a national plan to tackle elder abuse. Access to work (ICCPR articles 2 & 25(c)) 48. 49. In the Willing to Work National Inquiry into Employment Discrimination against Older Australians and Australians with Disability (Willing to Work Report),48 the Commission reported:  In 2015, 27% of people over the age of 50 had recently experienced discrimination in the workplace.49  In 2015, 53.4% of people with disability were participating in the labour force, compared to 83.2% of people without disability.50 There has been no formal Government response to the Willing to Work Report and no Government-led action plan to implement its recommendations. Recommendation 14: That the Australian Government implement the recommendations in the Willing to Work Report to reduce employment discrimination against older Australians and Australians with disability. 7 People with disability Prisoners and mental health (ICCPR articles 2, 9 & 10; LOI 17) 50. People with disability have disproportionately high rates of interaction with the criminal justice system and are significantly overrepresented in Australia’s prison population.51 Necessary supports and adjustments for people with disability are frequently not provided in the criminal justice system.52 51. The Commission commends the Government on its commitment to improve the way the criminal justice system treats people with cognitive disability who are unfit to plead or found not guilty due to mental impairment,53 and to analyse existing data and develop best practice resources in Australia. 52. The Commission notes that implementation of OPCAT will provide for improved monitoring of conditions of detention for people with disability. 13

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