Recommendation 38: The Australian Government implement a nationally consistent supported decision-making framework. Governments ensure supports are provided to people with disabilities to exercise their legal capacity and exercise free and informed consent. Recommendation 39: The Australian Government work with state and territory governments to adopt uniform legislation prohibiting, in the absence of the free, prior and informed consent of the person concerned: the sterilisation of adults and children with disability; and the administration of contraceptives and abortion procedures on women and girls with disability. Recommendation 40: The Australian Government ensure that national policies to reduce violence against women and children prioritise disability. 10 Older persons Relevant provisions of the CAT: Articles 2 and 16 146. Elder abuse, in many various forms, is a fundamental human rights issue faced by many older people and is presenting a range of complex challenges for the Australian community. In 2019–20, residential aged care services reported 5718 allegations of assault under the mandatory reporting requirements of the Aged Care Act 1997 (Cth).226 In the same year, a further 27,000 to 39,000 alleged assaults occurred that were exempt from mandatory reporting because they were resident-on-resident incidents.227 147. The Commission welcomes the National Plan to Respond to the Abuse of Older Australians (2019–2023),228 and the findings of the Royal Commission into Aged Care Quality and Safety, which highlight the importance of a rights-based approach to the aged care system.229 The Commission also draws attention the Australian Law Reform Commission’s 2017 report, Elder Abuse—A National Legal Response, which itself recommended a national plan on elder abuse, alongside a number of legislative reforms to institute safeguards and improve oversight.230 The Commission encourages the Australian Government to fully implement the priorities outlined in the National Plan, alongside Australian Law Reform Commission and Royal Commission recommendations. 148. A disproportionate number of deaths from COVID-19 occurred in residential aged care facilities.231 In December 2020 Australia's COVID-19 death rate in residential aged care facilities was ‘among the worst in the world’.232 Approximately 30% of Australia's total COVID-19 related deaths as of April 2020 were among aged care residents. 233 This was compounded by 36

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