Australian Human Rights Commission
Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019
intervention services are examples of services that are not readily
available in regional and remote areas, yet these play an important role in
supporting people with disability to participate in society on an equal basis
with others. This lack of support is particularly exacerbated for children
living in rural areas.102
103.
As noted by the Productivity Commission, there are concerns that ‘a lack of
clarity at the interface of the NDIS and mainstream service systems,
particularly the health system, is leading to people missing out on, or
experiencing delayed access to, some services’.103 This includes services
for people with psychosocial disability.104
Recommendation 52: The Australian Government work with State and
Territory governments to develop an action plan to ensure:
a. all people with disability have access, on an equal basis with others,
to affordable, accessible, quality and culturally sensitive health
services, including sexual and reproductive health and mental health
services, with particular consideration of people in rural and remote
areas and Aboriginal and Torres Strait Islander peoples with
disability
b. all health care services and programmes are based on a human
rights approach to disability, are non-discriminatory and seek
informed consent prior to any medical treatment
c. health-care practitioners are provided with training on the human
rights-based approach to disability to enhance their capacity to
provide accessible, quality health care to people with disability.
Recommendation 53: The Australian Government redouble their efforts to
achieve the Closing the Gap targets, including by adequately funding the
National Aboriginal and Torres Strait Islander Health Plan, the Plan to Improve
Outcomes for Aboriginal and Torres Strait Islander People with Disability and
targeting programs to address the social determinants of health.
4.18 Access to habilitation and rehabilitation (CRPD art 26, CO
47-48, LOI 28)
104.
The Commission is concerned that Commonwealth, State and Territory
legislation which governs the provision of habilitation and rehabilitation
services by health services, outside of the NDIS, are not underpinned by a
human rights-based approach.
105.
Noting that all habilitation and rehabilitation services and programs must
be voluntary and based on free and informed consent,105 the Commission
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