Australian Human Rights Commission Report title October 2022 142. The Senate Community Affairs References Committee considered the use of restrictive practices in relation to people with disability 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.216 This issue is currently being examined by the Disability Royal Commission.217 143. Australia has not implemented a nationally consistent supported decisionmaking framework and lacks legislation prohibiting the sterilisation of people with disability without consent.218 The Commission remains deeply concerned that the non-therapeutic sterilisation of people with disability, particularly women and girls219 continues to take place in Australia without their free, prior and informed consent. The Commission is also concerned by the forced administration of contraceptives and abortion procedures.220 The Commission encourages the Australian Government to work with state and territory governments to adopt uniform legislation prohibiting forced sterilisation and abortions in the absence of the free, prior and informed consent of the person concerned. 144. The Commission remains concerned that mental health laws, frameworks and policies in Australia permit the provision of mental health services to people with psychosocial disability and mental health conditions in ways that breach their human rights, including their right to liberty and security.221 The Commission is particularly concerned about the imposition of compulsory treatment and involuntary hospitalisation.222 Almost one in five (19.9%) residential mental health care episodes were for people with an involuntary mental health legal status during 2019–20.223 State and territory approaches are inconsistent in this regard. The Commission recommends that all mental health laws, frameworks and policies be examined and reformed to ensure alignment with human rights standards. 145. There remain high rates of violence against people with disability, 224 in particular women and girls.225 Initiatives aimed at addressing violence against women and children often fail to adequately address the extra challenges faced by people with disability. Recommendation 36: Governments develop a nationally consistent framework to reduce and eliminate the use of restrictive practices. Recommendation 37: Governments adopt a human rights-based approach to mental health laws and ensure that mental health services do not violate the human rights of people with disability. 35