Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 Liberty of movement and nationality Recommendation 39: The Australian Government review and amend Australia’s migration laws and policies to ensure people with disability do not face discrimination in any of the formalities and procedures relating to migration and asylum. Living independently and being included in the community Recommendation 40: The Australian Government develop a national framework for the closure of all disability-specific residential institutions in Australia, and the prevention of transinstitutionalisation including: d. addressing how people with disability not eligible for the NDIS can be supported to transition to live independently in the community e. ensuring consistent quantitative and qualitative data collection relating to people with disability who live in residential institutions. Recommendation 41: The Australian Government review and amend the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 and related operational guidelines and policies to ensure alignment with Article 19 of the CRPD and General Comment No. 5 (2017). Recommendation 42: The Australian Government introduce regulatory safeguards to prevent young people with disability entering or remaining in aged care facilities and strengthen the Younger People in Residential Aged Care—Action Plan by: d. amending the Action Plan to provide that no person aged under 65 years should enter or live in residential aged care by 2025. e. including a dedicated and well-funded role for the National Disability Advocacy program to provide advocacy services to all young people with disability living, or at risk of entering, aged care facilities f. including specific actions to support young people in aged care facilities, or at risk of entering aged care facilities, who are not eligible to access the NDIS, transition to living independently in the community. 45