•
uncertainty about who is eligible
•
a lack of clarity about the types of support covered by the scheme and
the responsibility of other service systems
•
insufficient funds to cover all supports required
•
less funding than previously received
•
administrative delays in entering the scheme and reviewing plans.177
203. In July 2018, the Commission released a report on the challenges of the
NDIS reform process, identifying essential elements to effective quality,
safeguarding and oversight mechanisms. It made a series of
recommendations regarding the incorporation of these elements into
practice.178
(a)
Non-therapeutic sterilisation of children with disability
204. Despite a specific recommendation from the Committee to prohibit nontherapeutic sterilisation of children, legislation still allows this to occur.
Australian Lawyers for Human Rights told the NCC that:
Sterilisation of a child in Australia can occur with an order from the Family
Court or a guardianship tribunal, having consideration to the best
interests of the child. ALHR [Australian Lawyers for Human Rights] is
concerned that, in some cases, the 'best interests' of the child with a
disability will be impacted upon by consideration of the interests of
parents, carers and the broader health and disability support system,
which may be contrary to the child’s wishes.179
205. There is very little data available about forced sterilisations of children in
Australia.
Recommendation 29: The Australian Government introduces legal
protections to prevent sterilisation of children with disability without
consent.
7.2
Health and health services
(a)
Health equality for Aboriginal and Torres Strait Islander children
206. The disparity in health status between Aboriginal and Torres Strait Islander
children and their non-Indigenous counterparts remains a crucial human
rights issue within Australia.180
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