Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 in the Inquiry into indefinite detention of people with cognitive and psychiatric impairment in Australia report. Recommendation 30: The Australian Government release the draft National Statement of Principles Relating to Persons Unfit to Plead or Found Not Guilty by Reason of Cognitive or Mental Health Impairment for consultation. Recommendation 31: The Australian Government work with State and Territory governments to adopt a human rights-based approach to mental health laws and review all laws that authorise: a. involuntary hospitalisation, including committal to mental-health facilities, on the basis of perceived or actual impairment b. the administration of medical intervention to people with disability without the free, prior and informed consent of the person concerned c. imposition of compulsory treatment by means of Community Treatment Orders. 4.10 Freedom from torture and cruel, inhuman or degrading treatment or punishment (CRPD art 15, CO 35–36, LOI 18) 67. The Commission is concerned about the lack of a nationally consistent approach to monitoring, regulating and reducing and eliminating the use of restrictive practices64 on people with disability. 68. These practices still occur in a range of environments outside the NDIS, including mental health facilities, hospitals and aged care facilities. The Commission is particularly concerned about the use of restrictive practices on children with disability in schools.65 The National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector only applies to disability services. 69. The Senate Community Affairs References Committee considered the use of restrictive practices in relation to people with disability in detail in 2016. The Committee recommended that the Australian Government work with State and Territory governments to implement a national zero-tolerance approach to eliminate restrictive practices in all service delivery contexts.66 The Royal Commission into violence against people with disability is likely to further consider the use of restrictive practices in Australia. 70. The NDIS Quality and Safeguards Commission (NDIS Commission) oversees the regulation of restrictive practices within the NDIS.67 The Commission recommends that the progress made towards minimising the 21