Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 Recommendation 15: That the Australian Government, through the Council of Australian Governments, develop appropriate support for people with disability, particularly those with mental health disorders and cognitive impairment, including national guidelines on ‘fitness to plead’. Freedom from exploitation, violence and abuse (ICCPR articles 7 & 9; LOI 13) 53. The Commission welcomes the Government’s commitment to establishing the National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission to oversee the NDIS Quality and Safeguards Framework,54 but is concerned that it only applies to NDIS participants (approximately 10% of the Australian disability population). 54. The Commission notes the recommendations of the Senate Community Affairs References Committee Inquiry into Violence, abuse and neglect against people with disability in institutional and residential settings.55 Recommendation 16: That the Australian Government adopt a national approach to address violence against people with disability. Access and democratic participation (ICCPR articles 2, 25 & 26; LOI 22) 55. People with disability face barriers to accessing the built environment, including schools, shops, workplaces, services and entertainment facilities.56 They are also unable to access communication and information systems, including media, on an equal basis with others.57 56. The Commission is concerned that inaccessible premises can limit participation of people with disability in voting and other political processes,58 as can inability to access communication and information systems. 57. The Commission is also concerned about electoral laws that provide that persons of ‘unsound mind’ are not entitled to have their names on the electoral roll or to vote in elections, and may be removed from the electoral roll following objection.59 The ALRC has recommended the repeal of these provisions.60 Recommendation 17: That the Australian Government encourage monitoring, compliance and implementation of the Disability (Access to Premises – Buildings) Standards 2010 and Disability Standards for Accessible Public Transport 2002, and ensure that people with disability have the requisite access to fully participate in the democratic process. 14

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