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Inquiry Into Violence, Abuse and Neglect Against People with Disability in Institutional and Residential Settings Tasmanian Government Submission

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Inquiry Into Violence, Abuse and Neglect Against People with Disability in Institutional and Residential Settings Tasmanian Government Submission Inquiry into violence, abuse and neglect against people with disability in institutional and residential settings Tasmanian Government Submission May 2015 1 5 / 2 9 0 9 7 INTRODUCTION THE INQUIRY On 11 February 2015, the Senate referred the following matter to the Senate Community Affairs References Committee for inquiry and report: Violence, abuse and neglect against people with disability in institutional and residential settings, including the gender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability. The terms of reference are: a) the experiences of people directly or indirectly affected by violence, abuse and neglect perpetrated against people with disability in institutional and residential contexts; b) the impact of violence, abuse and neglect on people with disability, their families, advocates, support persons, current and former staff and Australian society as a whole; c) the incidence and prevalence of all forms of violence, abuse and neglect perpetrated against people with disability in institutional and residential settings; d) the responses to violence, abuse and neglect against people with disability, as well as to whistleblowers, by every organisational level of institutions and residential settings, including governance, risk management and reporting practices; e) the different legal, regulatory, policy, governance and data collection frameworks and practices across the Commonwealth, states and territories to address and prevent violence, abuse and neglect against people with disability; f) Australia’s compliance with its international obligations as they apply to the rights of people with disability; g) role and challenges of formal and informal disability advocacy in preventing and responding to violence, abuse and neglect against people with disability; h) what should be done to eliminate barriers for responding to violence, abuse and neglect perpetrated against people with disability in institutional and residential settings, including addressing failures in, and barriers to, reporting, investigating and responding to allegations and incidents of violence and abuse; i) what needs to be done to protect people with disability from violence, abuse and neglect in institutional and residential settings in the future, including best practice in regards to prevention, effective reporting and responses; j) identifying the systemic workforce issues contributing to the violence, abuse and neglect of people with disability and how these can be addressed; k) the role of the Commonwealth, states and territories in preventing violence and abuse against people with disability; l) the challenges that arise from moving towards an individualised funding arrangement, like the National Disability Insurance Scheme, including the capacity of service providers to identify, respond to and prevent instances of violence, abuse and neglect against people with disability; and m) what elements are required in a national quality framework that can safeguard people with disability from violence, abuse and neglect in institutional and residential settings. Tasmanian Government Submission 2 Senate Community Affairs Reference Committee 2. That for this inquiry: a) ‘institutional and residential settings’ is broadly defined to include the types of institutions that people with disability often experience, including, but not restricted to: residential institutions; boarding houses; group homes; workplaces; respite care services; day centres; recreation programs; mental health facilities; hostels; supported accommodation; prisons; schools; out-of-home care; special schools; boarding schools; school buses; hospitals; juvenile justice facilities; disability services; and aged care facilities; and b) ‘violence, abuse and neglect’ is broadly understood to include, but is not limited to: domestic, family and interpersonal violence; physical and sexual violence and abuse; psychological or emotional harm and abuse; constraints and restrictive practices; forced treatments and interventions; humiliation and harassment; financial abuse; violations of privacy; systemic abuse; physical and emotional neglect; passive neglect; and wilful deprivation. TASMANIAN GOVERNMENT SUBMISSION Governments of all levels play a crucial role in establishing and monitoring systems and responses that address and prevent violence, abuse and neglect against people with disability. The Tasmanian Government has strong legislative and policy frameworks that address and prevent violence, abuse and neglect in institutional and residential settings in Tasmania. The Government is committed to achieve its vision of a Tasmanian society that recognises the rights of people with disability and enables their full participation in the social and economic opportunities provided in this State. The Government thanks the Senate Committee for their invitation to submit to the Inquiry and welcomes the opportunity to provide comment on this important issue. The Tasmanian Government’s submission is organised thematically and does not address each individual term of reference. The submission addresses the following key themes of the Inquiry: people with disability in Tasmania; institutional and residential settings in Tasmania; dimensions of violence, abuse and neglect, including gender and age, noting the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability; the Tasmanian1 legal, regulatory, policy and governance frameworks and practices that address and prevent violence, abuse and neglect against people with disability in Tasmania; and the roles and responsibilities of governments in preventing violence, abuse and neglect against people with disability. This submission was developed by the Department of Premier and Cabinet, in collaboration with the Department of Health and Human Services, the Department of Education and the Department of Justice through the Guardianship and Administration Board, which is an independent statutory authority. The Tasmanian Office of the Anti-Discrimination Commissioner is providing a separate submission to the Inquiry. Therefore this submission does not include discussion on the role of the Anti-Discrimination Commissioner. 1 The submission focuses on Tasmanian frameworks and practices, noting where the Australian Government is responsible. Tasmanian Government Submission Senate Community Affairs Reference Committee 3 ADDRESSING KEY THEMES OF THE INQUIRY 1. PEOPLE WITH DISABILITY IN TASMANIA There are approximately 113 000 Tasmanians, almost one in five, who live with disability2. These figures refer to people who reported a limitation, restriction or impairment, which has lasted, or is likely to last, for at least six months and restricts everyday activities. However, people with disability do not always recognise or report that they have a disability so figures are likely to be slightly higher than those reported. When the Tasmanian Government refers to people with disability, it refers to people who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. This definition of disability is based on Article 1 of the United Nations Convention on the Rights of Persons with Disabilities (UN Convention) 3. Tasmania has a higher proportion of people with disability than other states. This is partly due to the proportionately larger population of older people who have acquired disability as they age. While disability is not primarily associated with older people - over 60 per cent of Tasmanians with disability are under the age of 654 - a higher incidence of disability can be expected among older people. Of the population of Tasmanians with disability, around 23 000 Tasmanians require significant daily assistance with self-care, mobility or communication because of a long-term health condition, disability or old age5. This assistance is provided by Australian and State Government funded services and many of the more than 40 000 Tasmanians who provide unpaid assistance to people with disability6. 2. INSTITUTIONAL AND RESIDENTIAL SETTINGS IN TASMANIA The Tasmanian Department of Health and Human Services (DHHS) is responsible for providing a range of services to people with disability in Tasmania. These services are delivered directly by DHHS or are commissioned and funded by DHHS for delivery by community sector organisations (CSOs). DISABILITY SERVICES DHHS funds CSOs to deliver a range of supported accommodation services including small and large residential services, hostel accommodation and group homes. Group homes predominantly cater for four people with disability in community settings, but may be one, two and three bedroom homes. A small number of group homes cater for five and six people with disability. 2 Around 23 per cent of the Tasmanian population; Disability, Ageing and Carers, 2009, Cat No 4430.0, Australian Bureau of Statistics. Available at http://www.abs.gov.au/AUSSTATS/[email protected]/Lookup/4430.0Main+Features12009?OpenDocument. 3 In 2008, the Australian Government ratified the United Nations Convention on the Rights of Persons with Disabilities. The Convention is available at http://www.un.org/disabilities/convention/conventionfull.shtml. 4 Disability, Ageing and Carers,
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