Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 82. The Commission reiterates its concern about a lack of appropriate and accessible housing in Australia, which severely limits the capacity of people with disability in Australia to choose their place of residence (refer to the information provided, and recommendations made, in section 4.5). 83. In March 2019, the Australian Government released a Younger People in Residential Aged Care—Action Plan, outlining Government action to reduce the number of people under the age of 65 years living in aged care facilities. The Commission welcomes the Action Plan. However, the Action Plan should be revised to provide that no person aged under 65 years should enter or live in residential aged care by 2025. 84. A greater focus on the role of advocacy supports is also needed. The Commission recommends that a specific stream of funding be introduced within the National Disability Advocacy Program to fund advocacy organisations to support people with disability currently residing, or at risk of residing, in aged-care facilities. 85. Finally, the Young People Action Plan does not sufficiently address the needs of young people living in aged care facilities who may not be eligible to access the NDIS. The Commission recommends that the Australian Government develop and implement actions, with dedicated funding, to support the transition of these young people to living independently 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 trans-institutionalisation including: a. addressing how people with disability not eligible for the NDIS can be supported to transition to live independently in the community b. 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: 25

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