Safety, rights and justice

Outcome: The rights of people with disability are promoted, upheld and protected, and people with disability feel safe and enjoy equality before the law

Why is this outcome area important?

People with disability are experts in their own lives and have the same rights as people without disability. Community acceptance of the rights and experiences of people with disability will maximise individual power and autonomy – and support economic participation, social inclusion, safety and equality (Australia’s Disability Strategy 2021–2031).

People with disability are at greater risk of experiencing violence than people without disability (DRC 2021). They can also face discrimination on the basis of disability and barriers in exercising their rights before the law (AIHW 2024).

People with disability often face multiple barriers making complaints about services and service providers, particularly in cases of violence, neglect and abuse. These barriers include lack of experience in asserting their rights as consumers, fear of retribution, negative experiences with complaints systems (including not being believed) and difficulty in communicating what happened (DSS 2016). Advocacy plays an important role in upholding the rights of people with disability. The need for access to independent and effective advocacy for all people with disability, regardless of where in Australia they live, is recognised in the National Disability Advocacy Framework, which is an associated plan of the ADS.

What are the policy priorities?

  1. Safety from violence, abuse, neglect and exploitation: Making sure services for people with disability are high quality and safe, and that people with disability are safe.
  2. Trauma-informed policy, processes and programs: Improving access to services that support people with disability who have experienced trauma.
  3. Violence against women and their children: Keeping women and children with disability safe from violence, abuse and neglect.
  4. Rights are protected and upheld: Protecting the rights of people with disability, decreasing discrimination, and improving access to supports that help people with disability stand up for themselves and make their own decisions.
  5. Access to justice: Supporting access to justice for people with disability.
  6. Equitable treatment in criminal justice system: Reducing the use of criminal justice interventions when responding to the needs of some people with disability.

Measures

Data for 4 policy priorities under this outcome area are available for 4 system measures, and 5 population measures (Table 4.1). One measure has updated post-baseline data for the first time since the 2nd annual report.

There are 6 measures with updated post-baseline data in this report. Of these:

  • one showed improving
  • 3 showed no change
  • 2 showed regress.

For future measures requiring development, see Future measures.

Table 4.1: Safety, rights and justice reference guide

Policy priority

Measure

Baseline time point

Baseline value

Latest time point

Latest value

Change since baseline(b)

Progress status

Safety from violence, abuse, neglect and exploitation

Number of complaints related to abuse and neglect per 1,000 NDIS participants (system measure)

2021–22

1.9 complaints per 1,000 NDIS participants

2022–23

2.2 complaints per 1,000 NDIS participants

0.3 complaints per 1,000 NDIS participants 

No change

Safety from violence, abuse, neglect and exploitation

Proportion of adults with disability aged 18 years and over who have experienced violence since age 15, compared with adults without disability* (population measure)

2016

47.0%

2016

47.0%

n.a.

Not known yet

Trauma-informed policy, processes and programs

Proportion of people with disability who experienced assault and sought advice or support after the most recent incident (population measure)

2016

51.6%

2016

51.6%

n.a.

Not known yet

Violence against women and their children

Proportion of SHS clients with disability experiencing domestic and family violence who are provided assistance for accommodation when needed*(a) (system measure)

2020–21

82.3%

2022–23

78.4%

-3.9 pp

Regress

Violence against women and their children

Proportion of women with disability aged 18 years and over who have experienced family or domestic violence since age 15, compared with women without disability* (population measure)

2016

44.5%

2016

44.5%

n.a.

Not known yet

Rights are protected and upheld

Proportion of assessed NDAP clients who reported improved choice and control to make their own decision* (system measure)

2020–21

62.2%

2022–23

63.2%

1 pp

Improving**

Rights are protected and upheld

Proportion of complaints related to disability discrimination lodged with the AHRC that are successfully resolved by conciliation* (system measure)

2020–21

71.9%

2022–23

60.8%

-11.1 pp

Regress

Rights are protected and upheld

Proportion of people with disability who have not experienced discrimination due to disability in the last 12 months (population measure)

2018

90.4%

2022

90.1%

-0.3 pp.

No change

Rights are protected and upheld

Proportion of NDIS participants who feel able to advocate (stand up) for themselves (population measure)

2021–22 Q2

37.3%

2023–24 Q4

37.6%

0.3 pp

No change

*Measure wording has been revised to reflect available data more accurately or clarify the measure’s intent. See relevant measure section below for more information (See Appendix B: List of measures).

**Confidence status: care should be taken when looking at the reported progress status for this measure as there is some uncertainty in the data. 

AHRC – Australian Human Rights Commission; NDAP – National Disability Advocacy Program; NDIS – National Disability Insurance Scheme; n.a. – not available; pp – percentage points; SHS – specialist homelessness services.

  1. This measure will be replaced in the future by ‘Proportion of domestic and family violence services that are accessible and inclusive for women with disability’.
  2. n.a. indicates that there has not been an additional data point post-baseline to enable an assessment of progress. 
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