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 2022).
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.
Under the United Nations (UN) Convention on the Rights of Persons with Disabilities, Australia has an obligation to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects. This also includes ensuring effective access to justice for persons with disabilities on an equal basis with others (UN 2006).
What are the policy priorities?
- 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.
- Trauma-informed policy, processes and programs: Improving access to services that support people with disability who have experienced trauma.
- Violence against women and their children: Keeping women and children with disability safe from violence, abuse and neglect.
- 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.
- Access to justice: Supporting access to justice for people with disability.
- 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).
There are 5 measures with updated post-baseline data in this report. Of these:
- 1 showed progress
- 2 showed no change
- 2 showed regress.
For future measures requiring development, see Future measures.
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% | 2021–22 | 78.7% | -3.6 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 | Progress** |
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% | 2021–22 | 62.2% | -9.7 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% | 2018 | 90.4% | n.a. | Not known yet |
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% | 2022–23 Q4 | 37.1% | -0.2 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).Back to content Back to content Back to content Back to content Back to content Back to content Back to content
**Confidence status: care should be taken when looking at the reported progress status for this measure as there is some uncertainty in the data.
n.a. – not available; pp – percentage points; SHS – specialist homelessness services; AHRC – Australian Human Rights Commission.
AIHW (Australian Institute of Health and Welfare) (2022) ‘Disability discrimination’, People with disability in Australia, AIHW, Australian Government, accessed 8 September 2023.
Australia’s Disability Strategy 2021–2031 (2021), Department of Social Services, Australian Government, accessed 8 September 2023.
DRC (Disability Royal Commission) (2021) People with disability face much greater risk of violence than people without disability, DRC, Australian Government, accessed 8 September 2023.
DSS (Department of Social Services) (2016) NDIS Quality and Safeguarding Framework, DSS, Australian Government, accessed 8 September 2023.
UN (2006) ‘Article 16 – Freedom from exploitation, violence and abuse’, Convention On The Rights of Persons With Disabilities, UN, accessed 3 November 2023.
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