Australia’s Disability Strategy 2021–2031 Outcomes Framework: Second annual report

The Australian Human Rights Commission (AHRC), and state and territory human rights/anti-discrimination bodies play an important role in promoting and protecting rights of people with disability, including helping individuals and organisations understand and meet their legal responsibilities. Disability advocacy supports people with disability to safeguard their rights, experience equality and overcome barriers that can affect their ability to participate in the community (Australia’s Disability Strategy 2021–2031).

Advocacy program support

Funded by the Australian Government, the National Disability Advocacy Program (NDAP) provides advocacy support to people with disability that promotes, protects and ensures their full and equal enjoyment of all human rights, enabling their community participation (DSS 2023).

The Outcomes Framework intended to track the proportion of those people who accessed independent advocacy programs who report improved choice and control to make their own decisions. Measure wording has been revised in this report to reflect available data more accurately (see Appendix B: List of measures).

The first year for which data are available for this measure was 2020–21. This is because the reporting on improved choice and control to make one’s own decisions by NDAP clients only became mandatory as of 1 January 2021. For 2020–21, 8.6% of clients had been assessed – that is, 8.6% of NDAP clients had been asked about improved choice and control to make their own decisions. For 2021–22, 14% of NDAP clients had been assessed, and 18% of NDAP clients had been assessed in 2022–23. The proportion of assessed clients will increase over time. In view of this, the measure is reported here as:

• Proportion of assessed NDAP clients who reported improved choice and control to make their own decisions.

The desired key system outcome for this measure is that people with disability get the information and supports they need to have their rights upheld and to make their own decisions. 

Latest results: 2022–23

• In 2022–23, more than 6 in 10 (63%) of assessed clients reported improved choice and control to make their own decisions. This was 1 percentage point higher than at baseline (2020–21) when it was 62% (Figure 4.3).
• The proportion in 2022–23 was 4 percentage points higher than the less than 6 in 10 (59%) of assessed clients in 2021–22.
• Although the proportion of assessed clients in 2022–23 was higher (18%) than in the two previous years (14% in 2021–22 and 8.6% in 2020–21), the data may not be representative of all participants in the program. For this reason, there is some uncertainty in the data. Care should be taken when looking at reported progress for this measure and the difference needs to continue to be monitored.

Things to consider when interpreting results

• A ‘client’ can be either a person with disability or a carer/family member of a person with disability.
• The SCORE system used for the NDAP data is designed to measure the result of a client’s interaction with a service funded by the Department of Social Services, and it captures a point in time in the client’s service journey.

For figure notes, see Appendix C: Figure notes and sources.

For more information on this measure, including breakdowns of the data, visit Australia’s Disability Strategy Outcomes Framework | Advocacy program support.

Discrimination complaints resolved

Disability discrimination occurs when a person with disability is treated less favourably than a person without disability in circumstances that are not materially different (Australian Government 1992). The Disability Discrimination Act 1992 (Cwlth) makes it unlawful to discriminate against a person because of their disability in many areas of public life, including employment, education, goods, services and facilities, accommodation and access to premises (AHRC 2014). Relatives, friends and carers are also protected if they are discriminated against because of their association with a person with disability (AHRC n.d.a).

The AHRC is an independent statutory organisation that functions under the Australian Human Rights Commission Act 1986 (Cwlth). A key function of the AHRC is to inquire into and attempt to conciliate complaints of unlawful discrimination, including disability discrimination (Australian Human Rights Commission Act 1986). 

The conciliation process provides the complainant (the person making the complaint) and the respondent (the person or organisation being complained about) with an opportunity to talk about the issues raised in the complaint and attempt to resolve the matter themselves (AHRC n.d.b). 

Not all complaints lodged with the AHRC go through a conciliation process and these can be finalised on other grounds. For example, some are terminated or declined because they are outside the scope of the relevant Act, or another remedy has been pursued and the AHRC is satisfied that the subject matter of the complaint has been adequately dealt with. Others may be withdrawn by complainants or discontinued; for example, where a complainant does not respond to the Commission’s attempts to contact them. 

The Outcomes Framework intended to track the proportion of complaints related to disability discrimination lodged with the AHRC/relevant state and territory bodies that are investigated and resolved. Measure wording has been revised in this report to reflect available data more accurately (see Appendix B: List of measures).

Due to differences between the Disability Discrimination Act 1992 and state and territory acts relating to disability discrimination, the measure focuses on complaints that were attempted to be resolved by conciliation. The measure is reported here as:

• Proportion of complaints related to disability discrimination lodged with the AHRC that are successfully resolved by conciliation.

The desired key system outcome for this measure is that the Disability Discrimination Act 1992 is implemented effectively to ensure people with disability are not discriminated against. 

Latest results: 2021–22

• In 2021–22, 62% of the 793 complaints related to disability discrimination that were lodged with the AHRC and went through a conciliation process were successfully resolved. This is 10 percentage points lower than at baseline (2020–21) when it was 72%, indicating regress since the Strategy began (Figure 4.4). 
• The decrease observed between baseline (2020–21) and 2021–22 is the largest observed in the data across the reference period. However, the decrease is due to the impact of COVID-19 on the AHRC’s complaint handling function. In 2021–22 there was an exponential increase in complaint numbers leading to a considerable complaint backlog, resulting in significantly increased complaint handling timeframes and complaints being discontinued at a higher rate. The subject matter of the complaints was not always amenable to resolution, particularly those related to state and territory health orders (regarding mask wearing and vaccinations) and Commonwealth government international travel restrictions. Outcomes sought by complainants could not always be supported or achieved through the Commission’s conciliation processes.

Things to consider when interpreting results

• One complaint may raise a number of grounds and areas of discrimination and be against one or more respondents (AHRC n.d.b).
• Complaints for which a conciliation process was begun but which could not be resolved through this process include those that were finalised on other grounds; for example, they may have been withdrawn.

For figure notes, see Appendix C: Figure notes and sources.

For more information on this measure, including breakdowns of the data, visit Australia’s Disability Strategy Outcomes Framework | Discrimination complaints resolved.

Freedom from discrimination

Experiencing discrimination makes participating in everyday life more difficult. It can affect education and employment opportunities and limit social interactions. A person unable to participate in everyday activities, or who avoids situations, may be at higher risk of adverse outcomes, including social isolation, unemployment and poor health (AIHW 2022).

The desired population outcome for this measure is to see a decrease in discrimination against people with disability. Data for this measure are from the ABS SDAC.

For more information on this measure, including breakdowns of the data, see Australia’s Disability Strategy Outcomes Framework | Freedom from discrimination.

NDIS participants capacity to self-advocate

Self-advocacy is when a person or group with disability speaks up or acts to represent themselves. Self-advocacy, or assistance with advocacy, is important to promote and protect an individual’s rights (DRC 2020).

Data for this measure are collected as part of the NDIS Short Form questionnaire. Data include NDIS participants who responded ‘Yes’ to the question ‘Do you feel able to advocate (stand up) for yourself? That is, do you feel able to speak up if you have issues or problems with accessing supports?’

Latest results: 2022–23 Q4

• In 2022–23 Q4, 1 in 3 (37.1%) NDIS participants aged 15–64 responded that they felt able to advocate for themselves. Based on values rounded to one decimal place, this was a decrease of 0.2 of a percentage point from the baseline value of 37.3% (2021–22 Q2), indicating no change since the Strategy began.
• There has been no change in the measure over the previous 4 quarters (Figure 4.5).

Things to consider when interpreting results

• Time series analysis for the NDIS data presented here is different from the longitudinal approach taken in NDIS reporting. See Data sources | National Disability Insurance Agency (NDIA) for more details. 

For figure notes, see Appendix C: Figure notes and sources.

For more information on this measure, including breakdowns of the data, see Australia’s Disability Strategy Outcomes Framework | NDIS participants capacity to self-advocate.