same form in which they were enacted, except where their reach has been expanded’.209 Recommendation 35: The Australian Government amend existing counterterrorism laws that disproportionately limit human rights. 9 People with disability Relevant provisions of the CAT: Articles 2 and 16 138. The Commission welcomed the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) and commended the broad scope of the Terms of Reference. The Commission looks forward to the release of the Final Report. Similarly, the Committee on the Rights of Persons with Disabilities has previously made recommendations in 2019 relating to the issues raised below for people with disability. 210 These recommendations have not been acted upon. 139. In 2018, the Commission published A Future Without Violence: Quality, safeguarding and oversight to prevent and address violence against people with disability in institutional settings.211 The recommendations included improved quality, safeguarding and oversight mechanisms in the disability and mainstream sectors. The Commission remains concerned the need for improved quality, safeguarding and oversight mechanisms remains in these sectors. 140. The Commission is concerned about the lack of a nationally consistent approach to monitoring, regulating and eliminating the use of restrictive practices.212 The National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector only applies to disability services. These practices still occur in a range of environments, including mental health facilities, hospitals, aged care facilities and schools. There are inconsistent approaches between states and territories with respect to this issue, including in the mental health space, where it falls to each jurisdiction to regulate. Mental health services reported 1.6 physical restraint events per 1,000 bed days and 0.7 mechanical restraint events per 1,000 bed days during 2020–21.213 141. The NDIS Quality and Safeguards Commission oversees the regulation of restrictive practices within the National Disability Insurance Scheme.214 Progress made towards minimising the use of restrictive practices, including data on the reported use of regulated and non-regulated restrictive practices, should continue to be made publicly available.215 34

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