The individual rights and obligations proposed by the Disability Royal Commission to be included in a DRA have, for the most part, been incorporated in the Commission’s proposal for a Human Rights Act. There are 2 proposals by the DRC that require further consideration in relation to the Commission’s model Human Rights Act: • a specific right to live free from violence, abuse, neglect and exploitation, consistent with Article 16 of the CRPD • a positive duty to promote disability equality and inclusion. The Commission considers that the right to be free from violence would form part of the interpretation of rights included in the model Human Rights Act. For example, the right to non-discrimination and equality for persons with a disability, as well as specific measures to support persons with disability experiencing violence being included within rights to social security, adequate housing and health. Similarly, a duty to promote disability equality will fall within the 3 elements of the positive duty proposed in the Commission’s model – relating to equal access to justice, effective participation and the general positive duty. Nonetheless, these recommended actions could be included more explicitly in the model Human Rights Act – either through explanatory materials to the Human Rights Act or as standalone provisions. 68 The DRC’s recommendations could be implemented through the legislative drafting stage of the Human Rights Act. With regard to the Disability Royal Commission’s recommendation for the establishment of National Disability Commission, the recommended functions under the DRA are in relation to capacity building, compliance and complaints. An initial review by the AHRC of the specific functions recommended by the DRC shows that the Australian Human Rights Commission Act already confers these functions on the AHRC, or that these functions are proposed through Free & Equal reforms to the Disability Discrimination Act 1992 (Cth) and the model HRA. The Disability Royal Commission also proposes 3 independent monitoring and reporting functions in relation to Australia’s Disability Strategy, independent monitoring of the implementation of Disability Royal Commission recommendations, and the implementation of the CRPD. These matters could be addressed through reforms to the functions of the Disability Discrimination Commissioner at the AHRC, with appropriate funding. This would avoid unnecessary duplication and confusion from having a Disability Rights Commission and a Disability Discrimination Commissioner. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights