Drive inclusion and equity for children and young people with disability
PRE-BUDGET 2021–22 SUBMISSION
Children and Young People with Disability Australia January 2021 Authorised by: Mary Sayers, Chief Executive Officer Contact details: Children and Young People with Disability Australia E. [email protected] P. 03 9417 1025 W. www.cyda.org.au
Acknowledgements Children and Young People with Disability Australia would like to acknowledge the traditional custodians of the lands on which this report has been written, reviewed and produced, whose cultures and customs have nurtured and continue to nurture this land since the Dreamtime. We pay our respects to their Elders past, present and future. This is, was and always will be Aboriginal land. Contents
SUMMARY OF RECOMMENDATIONS 2
INTRODUCTION 4
DRIVE INCLUSION AND EQUITY FOR CHILDREN AND YOUNG PEOPLE WITH DISABILITY: OUR RECOMMENDATIONS 5
Recommendation 1: Involve and engage children and young people with disability across all government portfolios impacting their lives 6
Recommendation 2: Drive and fund transformational change to ensure inclusive education 8
Recommendation 3: Develop and implement a targeted National Youth Disability Employment Strategy 10
Recommendation 4: Develop a COVID-19 youth recovery response that includes the voices and needs of young people with disability 12
Recommendation 5: Ensure young people with disability are not living in poverty 14 Figure 1: Trends from 2009 to 2020 of Newstart/Jobseeker Allowance, Youth Allowance with partial capacity to work and Disability Support Pension recipients aged 20 to 25 years 15 Figure 2: Trends from 2009 to 2020 of Youth Allowance with partial capacity to work and Disability Support Pension recipients aged 19 years and under 15
Recommendation 6: Ensure the National Disability Insurance Scheme is fit-for-purpose for children and young people 17
Recommendation 7: Fund outcomes monitoring for children and young people with disability 19
Recommendation 8: Ensure the Royal Commission into the Violence, Abuse, Neglect and Exploitation of People with Disability can meet its terms of reference 20
Recommendation 9: Adequately resource the new National Disability Strategy’s actions and strategies 21
Recommendation 10: Boost funding for systemic and individual advocacy for children and young people with disability for better outcomes 22
CYDA | PRE-BUDGET 2021–22 SUBMISSION 1 Summary of recommendations
Recommendation 1: Children and young people with disability often face Involve and engage barriers to participating in consultative activities that inform children and young people policy and service development. This breaches children and with disability across all young people’s rights and risks government investing in government portfolios actions that will not work or failing to provide targeted supports impacting their lives where most necessary. Funding is required to develop and implement a National Child and Young Person with Disability Engagement Framework.
Recommendation 2: Australia’s education system is inequitable and does not Drive and fund adequately support the learning and full inclusion of children transformational change and young people with disability. Segregation of students to ensure inclusive with disability in special schools and classes continues and education is growing, despite compelling evidence that inclusion in regular schools leads to better short and long-term outcomes. A National Inclusive Education Plan is required to guarantee compliance with Australia’s international human rights obligations, consistent policies and practice across the country, educational outcomes are monitored and improved, and responsibilities across jurisdictions are clear.
Recommendation 3: Young people with disability experience high rates of Develop and implement unemployment and underemployment. They experience the a targeted National Youth intersectional disadvantage of being a both young person Disability Employment and a person with disability in the labour market – with this Strategy disadvantage expected to be entrenched as a result of the COVID-19 economic down-turn. A targeted National Youth Disability Employment Strategy which spans the career planning and support required in secondary school and the transition to post-school options is required.
Recommendation 4: Young people are disproportionately affected by the Develop a COVID-19 youth immediate and long-term economic and social impacts recovery response that of the COVID-19 global pandemic. Within the youth cohort, includes the voices and young people with disability face increased marginalisation. needs of young people Development and implementation of a COVID-19 youth with disability recovery response is required to address inequities and mitigate negative, enduring consequences.
Recommendation 5: Nearly half of young people with disability are reliant on Ensure young people income support as their main source of income. The income with disability are not payments are inadequate for a dignified standard of living – living in poverty with young people receiving varying rates of payment on an inequitable basis. A review and amendment of the social security system is necessary to ensure that young people with disability are not living in poverty.
2 CYDA | PRE-BUDGET 2021–22 SUBMISSION Recommendation 6: The National Disability Insurance Scheme (NDIS) model Ensure the National and service delivery does not take into account the holistic Disability Insurance needs of children and young people, including their Scheme is fit-for-purpose development, social and emotional needs, and interactions for children and young with mainstream services and community life. Additionally, people the NDIS does not effectively interface with other service systems, resulting in children, young people and their families experiencing negative outcomes. It is recommended that a NDIS practice framework for working with participants aged 0–25 is developed and rolled-out to ensure service improvement and consistency across the country.
Recommendation 7: The available data and outcomes reporting for children and Fund outcomes young people with disability is lacking. While the National monitoring for children Disability Data Asset (NDDA) is a welcomed initiative to help and young people with address this issue, an 18-month pilot is too short to monitor disability or understand any medium or longer-term impacts and outcomes. A full investment and extension of the NDAA is required to ensure its value and effectiveness.
Recommendation 8: The terms of reference of the Royal Commission into the Ensure the Royal Violence, Abuse, Neglect and Exploitation of People with Commission into the Disability are vast and complex. As such, the Commissioners Violence, Abuse, Neglect have called for the Royal Commission to be extended to and Exploitation of People September 2023. CYDA urges the Government to sufficiently with Disability can meet resource this extension so the Royal Commission can its terms of reference effectively identify system failures, recommend change and prevent future incidents of violence and mistreatment.
Recommendation 9: The previous National Disability Strategy 2010–2020 lacked Adequately resource the a coordinated approach across policy areas and jurisdictions. new National Disability As a result, it fell flat on many of its intended outcomes. To Strategy’s actions and ensure that history does not repeat, and the new National strategies Disability Strategy under development can live up to its potential, there must be sufficient resourcing of the proposed actions and strategies. A particular focus on children and young people with disability, which will have lifelong impacts, is also needed.
Recommendation 10: Individual and systemic advocacy organisations are vital Boost funding for systemic mechanisms to support and protect the rights of children and individual advocacy and young people with disability. Currently, these organisations for children and young are under resourced and unable to meet the high demand, people with disability despite the return on investment being well established. for better outcomes Increased funding for disability advocacy services and supports is urgently required.
CYDA | PRE-BUDGET 2021–22 SUBMISSION 3 Introduction
Children and Young People with Disability Australia (CYDA) is the national representative organisation for children and young people with disability aged 0 to 25 years. CYDA has an extensive national membership of more than 5,000 young people with disability, families and caregivers of children with disability, and advocacy and community organisations.
Our vision is that children and young CYDA welcomes the people with disability are valued and opportunity to provide a living empowered lives with equality 2021–22 Pre-Budget of opportunity; and our purpose is to Submission. The Australian ensure governments, communities, and families, are empowering children Government, through the and young people with disability to Federal Budget, has the power fully exercise their rights and to fund initiatives that will lead aspirations. We do this by: to vast improvements in the • Driving inclusion lives of children and young • Creating equitable life pathways people with disability. By and opportunities investing in interventions and • Leading change in community strategies that will protect and attitudes and aspirations empower this cohort, the • Supporting young people to take Australian Government can control support children and young • Calling out discrimination, abuse, people to thrive – now and and neglect. as they transition into adulthood.
When children and young people are given equal opportunities to engage in a quality education, employment, make friends, and enjoy community life, we all benefit – culturally, socially and economically.
4 CYDA | PRE-BUDGET 2021–22 SUBMISSION Drive inclusion and equity for children and young people with disability
OUR RECOMMENDATIONS
CYDA | PRE-BUDGET 2021–22 SUBMISSION 5 RECOMMENDATION
The rights of children and young people with disability to express their views, and have these views listened to, are articulated in the Convention on the Rights of Persons with Disability (CPRD) and 1 the Convention on the Rights of the Child (CRC), and recognised through a range of legislation and policy in Australia at federal and state levels, including the Disability Discrimination Act (1992), Involve and engage various State Disability Acts, and the Disability Standards for Education (2005). children and young people with disability across all government Article 7(3) of the CRPD states Children and young people “Children with disabilities have the with disability and their distinct portfolios impacting right to express their views freely needs are regularly missed in on all matters affecting them, their their lives government policy. “When views being given due weight in accordance with their age and children’s rights are considered, maturity, on an equal basis with children with disabilities tend other children, and to be provided to be forgotten. When the rights with disability and age-appropriate of people with disabilities are assistance to realize that right”. considered, children with Article 12 of the CRC states “States disabilities tend to be forgotten. Parties shall assure to the child who Their rights, therefore, are at is capable of forming his or her own 1 views the right to express those risk of being marginalised.” views freely in all matters affecting the child, the views of the child being This risks governments investing in given due weight in accordance with interventions and strategies that will the age and maturity of the child.” not be effective for the almost one However, there are currently few in 10 Australian children and young 2 mechanisms to implement these people who experience disability rights in Australia in practice. Children and/or failing to provide targeted and young people with disability are supports when and where most too often overlooked in policy and necessary. service development – including in Children and young people the previous budget where mention with disability often face barriers of the group was largely absent. to participating in consultative activities that inform policy and service development. The processes are often inaccessible (including inadequate information delivery, meeting structures, interpreters, assistive technology), and we have seen scant evidence that government consultative processes are responding to these needs adequately. This was noted in the recent report commissioned by
6 CYDA | PRE-BUDGET 2021–22 SUBMISSION the Department of Social Services, different communities and cohorts; 1 Gerison Lansdown, ‘Children with which confirmed young people however, they are often not called Disabilities: Chapter 6’ In Human Rights and Disability Advocacy, Maya Sabatello with disability “do not find current upon by governments to support and Marianne Schulze (eds), (University mechanisms used by governments in facilitating consultative processes. of Pennsylvania Press, 2013). to engage on these issues appealing, This risks governments, despite their 2 7.6% of children aged 0–14 years and 3 suitable or easy to access.” best intentions, delivering sessions 9.3% of young people aged 15–24 years that are not meaningful, accessible have disability; 14.8% of people with At the national level, policy impacting or inclusive for target audiences. disability are aged 0–24 years. AIHW. children and young people with In contrast, an example of good (2020). People with disability in Australia. disability sits across multiple policy Available at People with disability in practice is the Youth Advocacy portfolios, including: Australia, Prevalence of disability – Support grants program, whereby Australian Institute of Health and Welfare • Education policy and programming government has utilised existing (aihw.gov.au) – Department of Education, Skills organisations to meaningfully 3 Social Deck. (2019). Right to opportunity: and Employment (DESE) engage with different communities Consultation report to help shape the next • Employment policy, services, of young people. This method national disability strategy. Available at income support – Services of leveraging representative https://www.dss.gov.au/sites/default/ files/documents/12_2019/ Australia, Department of Social organisations’ expertise should be ndsbeyond2020-fullreport-161219_0. Services (DSS), DESE used consistently across portfolios. pdf, p. 64. • Youth policy – DESE 4 “Co-design is a process used to create • Disability services – DSS and products, services and programs. It CYDA recommends funding brings people in as ‘design partners’, National Disability Insurance giving a voice to those who are often Agency (NDIA) and implementing a National excluded from the design process. • Abuse, neglect, child protection Children and Young People Decision-making, design, information sharing and project planning are among and juvenile justice – DSS, with Disability Engagement the equal roles between trained NDIS Quality and Safeguards Framework for genuine designers and design partners.” See, Commission, Attorney General’s Future Social Service Institute (2018). inclusion, built on co-design RMIT University, What is Co-design? Department 5 principles . The Framework https://www.futuresocial.org/wp-content/ • First Nations policy and should be used to input into the uploads/2018/08/FSSI-CoDesign-one- programming – National pager.pdf National Disability Strategy and Indigenous Australians Agency. 5 ibid. other policies and systems that For policy to reflect the needs intersect with the children and of children and young people with young people with disability disability and for the respective departments to follow through on across the multiple portfolios. effective service and strategy delivery, governments need to meaningfully This framework needs to be consult with, involve and engage developed and implemented in children and young people with partnership with young people disability and their families/caregivers with disability and Disability in policy development. This inclusion Representative Organisations, must be genuine and built on including CYDA, the only national co-design principles.4 representative organisation focusing solely on the rights and needs of Disability representative organisations children and young people with have diverse and engaged networks disability aged 0–25. and specialised knowledge that can promote genuine and safe engagement opportunities for
CYDA | PRE-BUDGET 2021–22 SUBMISSION 7 RECOMMENDATION
Having a quality education helps set us up for life. On an individual level, quality education and levels of educational attainment are linked with increased employment outcomes, 2 higher wage earnings, and reduced reliance on income support as a main source of income later in life.6, 7 The skills, attributes and knowledge we gain through getting a good education also Drive and fund support us to be active citizens in our community. transformational change to ensure The benefits of quality education Students with disability leave inclusive education for society are also widespread. school before the age of 16 at Modelling by Deloitte Access a rate nearly three times higher12 Economics8 has shown that quality than that of their counterparts education outcomes for Australian students has spill over effects at and are less likely to complete the whole-of-economy level, and year 12 or attain a tertiary investment in quality education education, such as a gaining pays large dividends in the future. a bachelor’s degree or higher.13 Students with disability do not currently experience quality education In contrast to the current education on the same basis as their peers. system, inclusive education – Despite academic reviews revealing whereby all students experience there is a lack of evidence to suggest equitable and full participation and any benefit of segregated education, membership within the school enrolment in special schools in community – “has positive benefits Australia is increasing.9 For students for everyone”14, including students in mainstream settings, many are with and without disability, teachers separated from their peers in and the broader school community. segregated classes and units and/or For all students, inclusive education are not receiving adequate support to facilitates social development, foster their learning and participation socially inclusive attitudes, in their school community.10 improved education outcomes These inequitable opportunities and communication and language 15 have consequential impacts on development. Achieving inclusive students’ experiences of education education “requires recognising and educational outcomes. A 2019 the right of every child − without national youth survey found that exception − to be included, and compared with those without adapting the environment and disability, twice the proportion of teaching approaches in order to respondents with disability reported ensure the valued participation 16 that they were either dissatisfied or of all children.” very dissatisfied with their studies.11 The Australian Government holds many of the levers for ensuring students with disability are fully included in school. Most importantly, they hold the funding and legislative levers under the Disability Discrimination Act 1992 and the
8 CYDA | PRE-BUDGET 2021–22 SUBMISSION Disability Standards for Education inclusive education and prevent 10 CYDA’s 2019 national survey found 2005, that have been widely criticised the violence, abuse, neglect and that approximately half of respondents disagreed or strongly disagreed that as being ineffective, including by exploitation of students with disability. students with disability received the Committee overseeing the This plan has been endorsed by adequate support in their education; Convention on the Rights for Persons disability advocacy and youth-led Children and Young People with with Disabilities for not providing the organisations across the country. Disability. (2019). Time for change: The impetus for schools to provide state of play for inclusion of students with Our roadmap has six key pillars to disability: Results from the 2019 CYDA inclusive education.17 ensure Australia’s compliance with National Education Survey. Available at https://www.cyda.org.au/images/pdf/ Article 24 of the CPRD. time_for_change_2019_education_ survey_results.pdf The intent of the legislation 11 16.1 per cent compared with 6.9 per to safeguard and uphold the Phase out cent of participants without disability; segregated rights of children and young education Mission Australia. (2019). Young, people to an inclusive education willing and able: Youth Survey Disability Report 2019. Available at https://www. Prevent Increase is currently failing, with strong suspensions missionaustralia.com.au/publications/ educational and Ensure outcomes youth-survey/1610-young-willing-and- inconsistencies in the access expulsions inclusive able-youth-survey-disability-report-2019/ and implementation of inclusive education file practices throughout Australia. Stop 12 10.9 per cent of young people aged 15 Eliminate gatekeeping to 24 have left school before the age of restrictive and other practices discrimination 16 compared to 3.6 per cent of young A review of policies and practices people without disability; AIHW. (2020). found that there was a lack of People with disability in Australia. systemic coherence about what Available at https://www.aihw.gov.au/ inclusive education means and reports/disability/people-with-disability- what is required to achieve inclusive in-australia/contents/education-and- skills/educational-attainment 18 education. A nationally agreed Inclusive 13 AIHW. (2020). People with disability in The Australian Government plays Education Plan developed with Australia. Available at https://www.aihw. a critical role in preventing students states and territories together gov.au/reports/disability/people-with- from bearing the burden of systemic disability-in-australia/contents/education- with students with disability and-skills/educational-attainment failures and ensuring they can reap and their representative the immediate and ongoing benefits 14 Cologon, K. (2019). Towards inclusive organisations would transform education: A necessary process of of a quality education. A National transformation, for CYDA, p.5. Inclusive Education Plan is required education and drive inclusion. 15 ibid. to guarantee policies and practice are consistent across the country, 16 Cologon, K. (2013) Inclusion in 6 Department of Education. (2019). educational outcomes are monitored Education: Towards Equality for Students Benefits of Educational Attainment: with Disability, Children with Disability and improved, and responsibilities Employment and income support. Australia, Melbourne, p.3. across jurisdictions are clear. Available at https://www.dese.gov.au/ data-and-research-schooling/resources/ 17 Concluding Observations: UN Report on The Australian Coalition for Inclusive employment-and-income-support Australia’s Review of the Convention on Education (ACIE), chaired and the Rights of Persons with Disability 7 Deloitte Access Economics. (2016). (CRPD), 24 September 2019 co-convened by CYDA and All The economic impact of improving Means All, an initiative which brings schooling quality. Department of 18 Mavropoulou, S., Mann, G., & Carrington, Education and Training: Canberra. S. (2021). The divide between inclusive together organisations that share a education policy and practice in Australia commitment to advance inclusive 8 ibid. and the way forward, Journal of Policy education in Australia, has developed 9 Cologon, K. (2010). Towards inclusive and Practice in Intellectual Disabilities. a 10-year plan (Driving change: A education: A necessary process of https://doi.org/10.1111/jppi.12373 roadmap for achieving inclusive transformation. Available at towards_ education in Australia) to help realise inclusive_education_a_necessary_ transformation.pdf (cyda.org.au)
CYDA | PRE-BUDGET 2021–22 SUBMISSION 9 RECOMMENDATION
While it is encouraging to see the investment in youth employment initiatives in the 2020-21 Budget and the recent announcements and development of the Australian Public Service 3 Disability Employment Strategy 2020-25 and the National Disability Employment Strategy – young people with disability, and strategies to address the multi-faceted barriers they face Develop and in the workforce, remain largely absent in national policy. implement a targeted National Young people with disability are one According to the Productivity Youth Disability of the most disadvantaged cohorts Commission23, those who experience in the labour market. They experience negative shocks in the labour market, Employment the intersectionality of systemic such as those caused by economic Strategy disadvantage and oppression of down-turn, go on to have ‘scarring’ both being a person with disability effects on their longer-term and a young person – with this employment and earnings prospects. disadvantage being even further While the previous Budget amplified by other demographic acknowledges that young people factors, such as socio-economic are disproportionality impacted status, ethnicity, gender or sexual by the COVID-19 economic crisis, diversity, or living in a regional or the strategies do not factor in the rural area. increased systemic and structural disadvantage in the labour market experienced by young people with
19 disability compared to their peers Young people with disability without disability. in the labour force are more than twice as likely to be unemployed than older adults20 To ensure employment with disability (24.7 per cent strategies and policies are compared to 7.9 per cent).21 designed to address the distinct Young people with disability causes of unemployment are also more than twice as and underemployment of likely to be underemployed22 — young people with disability, meaning they have the capacity particularly during the current and desire to work more hours economic period where they than what they are currently face increased vulnerability, employed. the development of a targeted, fit-for purpose National Youth Disability Employment Strategy is required.
10 CYDA | PRE-BUDGET 2021–22 SUBMISSION As the disadvantage experienced 19 Aged 15–25 years old by young people with disability in 20 Aged 26–64 years old the labour market is so complex 21 AIHW. (2020). People with disability. and distinct from other cohorts, Available at https://www.aihw.gov.au/ a generalised employment strategy reports/disability/people-with-disability- for people with disability, which is in-australia/contents/employment/ not co-designed with young people, unemployment will not be effective. 22 23.1% per cent rate of underemployment compared to 8.3 per cent of older adults This strategy should be planned, with disability; AIHW (2020). implemented and eventually 23 de Fontenay, C., Lampe, B., Nugent, J. evaluated with the meaningful and Jomini, P. (2020). Climbing the jobs inclusion of young people. It needs ladder slower: Young people in a weak to consider the crucial careers labour market. Available at https://www. pc.gov.au/research/supporting/jobs- guidance provided at school, and ladder/jobs-ladder.pdf transition between education and 24 Education Council. (2020). Looking to post-school options, as the future: Report of the review of senior recommended in the Senior secondary pathways into work, further Secondary Pathways Review.24 The education and training. Available at strategy should also include targeted http://www.educationcouncil.edu.au/site/ approaches for young people within DefaultSite/filesystem/documents/ Reports%20and%20publications/ the disability community that risk Publications/Senior%20Secondary%20 experiencing increased marginalisation Pathways%202020/Review%20into%20 in the workforce, such as young senior%20secondary%20pathways%20 Aboriginal and Torres Strait Islander -%20Final%20report.pdf peoples, gender diverse young people and different disability groups.
CYDA | PRE-BUDGET 2021–22 SUBMISSION 11 RECOMMENDATION
Young Australians are – and will continue to be – disproportionately affected by the economic and social impacts of the COVID-19 global pandemic. The crisis exacerbated existing labour market 4 inequities and acted as a catalyst for a severe reduction in entry-level opportunities and jobs in industries that are dominated by young people.25 As result, the underemployment Develop a COVID-19 and unemployment rates of young Australians surged – more so than for any other cohort.26 youth recovery response that includes the voices and needs This economic burden experienced Within the youth cohort, some by young people has had communities and groups, such of young people consequential impacts on their as young people with disability, are with disability health and wellbeing. As reported increasingly marginalised and are by the Youth Affairs Council Victoria27, more vulnerable to inadequate policy presentations to emergency hospitals responses. A recent research report30 with self-harm related injuries rose by prepared for CYDA demonstrated 33 per cent. Data collected by the how children and young people with Melbourne Institute at the University disability are more at-risk during of Melbourne28 demonstrated that the global pandemic, not because nearly one quarter (23 per cent) of of their impairment, but because young people aged 18 to 24 years of discriminatory, limited, or reported they were experiencing inappropriate policy strategies. The high mental distress – 14 percentage research respondents reported a points higher than in 2017. high rate of uncertainty and lack of necessary supports in areas such as The COVID-19 crisis will also have education, employment and access enduring impacts on the financial to health services. The authors and social security of the current concluded that these experiences of generation of young people. Negative uncertainty were enhanced for people experiences in the labour market – with disability and their families and particularly at such a pivotal life that targeted support and information transition – will have long-term was lacking for this group. impacts on earning and job prospects throughout the lifetime. Young CYDA’s 2020 Education Survey31 people will also experience a also found that students with higher tax-burden throughout disability were not adequately their careers to bear the costs of supported throughout the COVID-19 government-spending for recovery crisis and the shift to remote learning. for all cohorts.29 Housing stress and Nearly three in five (or 61 per cent) unaffordability for young people is of respondents said students with also likely to grow – worsening an disability had not received adequate already inequitable housing market. education support during the pandemic, with some students unable to engage in online learning
12 CYDA | PRE-BUDGET 2021–22 SUBMISSION entirely. The survey also found that 25 Youth Affairs Council Victoria. (2020). nearly three quarters of respondents A COVID-19 recovery plan for young people. Available at https://www.yacvic. reported that students with disability org.au/assets/Documents/COVID-19- felt socially isolated from their peers – Recovery-Plan-For-Young-People- with this isolation then having Accesible-Youth-Affairs-Council-Victoria. significant impacts on their docx mental health. 26 ibid.
In addition to immediate COVID-19 27 ibid. crisis responses, young people 28 Kabatek, J. (2020). 5 charts on how with disability also face increased COVID-19 is hitting Australia’s young barriers in accessing appropriate adults hard. Available at 5 charts on how COVID-19 is hitting Australia’s young supports that would help mitigate the adults hard (theconversation.com) longer-term impacts of COVID-19. 29 Wood, D., & Emslie, O. (2020). Young This includes appropriate educational, Australians need special care through mental health, employment, income the COVID crisis. Available at Young and housing supports. Australians need special care through the COVID crisis - Grattan Institute 30 Dickinson, H., & Yates, S. (2020). More than isolated: The experience of children A COVID-19 recovery response and young people with disability and their for young people is urgently families during the COVID-19 pandemic. needed. Not only to respond to Available at covid_report_compressed_1. pdf (cyda.org.au) the financial and social crisis we 31 Dickinson, H., Smith, C, Yates, S., & are currently experiencing, but Bertuol, M. (2020). Not even remotely to ensure that young people do fair: Experiences of students with disability during COVID-19. Available at not endure the ongoing negative not_even_remotely_fair_cyda_education_ impacts across their life course. report.pdf This recovery response must include a lens and plan of action for groups of young people who face increased marginalisation, such as young people with disability.
The strategy must be developed alongside young people to ensure it appropriately meets their needs.
Any other COVID-19 response or recovery plans governments develop should also include a youth-lens. As young people are most impacted in the long-term, creating a plan without their distinct needs and strengths factored in risks further disadvantaging the cohort.
CYDA | PRE-BUDGET 2021–22 SUBMISSION 13 RECOMMENDATION
The social sector32 has long advocated for an increase in income support payments, with current payments being so inadequate that those who rely on them are overrepresented in living 5 below the poverty line33.
Ensure young people Young people with disability has also demonstrated that applicants are forced to live on these who receive support to complete with disability are their DSP form are more likely to have inadequate payments at a not living in poverty their claim granted than those who disproportionate rate. Nearly do not have assistance.37 half of young people with The change in DSP eligibility and work disability aged 15 to 24 years capacity requirements has subsequently (49 per cent) rely on income driven many young people to instead support payments as their main access the JobSeeker or Youth source of income compared to Allowances Payments which provide 14 per cent of those without significantly lower rates of pay than the DSP.38,39,40 Data obtained by CYDA a disability.34 from the Department of Social Services shows that: While many young people with • The number of Jobseeker disability rely on income support, (known as Newstart prior to 2020) the type of payments they receive recipients aged between 20 and has shifted considerably in the last 25 years with partial capacity to decade. From 2012, policy reforms work has increased by 372.8 per have been introduced to restrict the cent in the decade from 2009, growth of Disability Support Pension growing from 5,308 in 2009 (DSP) payments, payments for to 25,096 in 2020 working age people with medical conditions and disabilities that bring • The number of Youth Allowance restricted capacity to work.35 These recipients under 19 years old reforms include most applicants with partial capacity to work has needing to demonstrate they have increased by 174.9 per cent, from actively participated in job searching 2,299 in 2009 to 6,319 in 2020 activities for 18 months prior to • The number of Youth Allowance applying, as well as meeting stringent recipients aged between 20 and eligibility requirements against 25 years with partial capacity to impairment tables. work has increased by 970.3 per cent, from 936 in 2009 to The complexities of the application 10,018 in 2020 process have created additional administrative burden for individuals • The number of DSP recipients and in turn, created inequitable under 19 years old has decreased impacts for those receiving the by 20.4 per cent, from 18,414 in payments. People who have 2009 to 14,662 in 2020 less ‘human capital’, such as an • The number of DSP recipients education, money, psychological aged between 20 and 25 years resources or social networks, are has increased by 12.6 per cent, less likely to access resources that from 36,128 in 2009 compared may help them overcome the to 40,690 in 2020. administrative burden.36 Research
14 CYDA | PRE-BUDGET 2021–22 SUBMISSION Figure 1: Trends from 2009 to 2020 of Newstart/Jobseeker The number of Allowance, Youth Allowance with partial capacity to work and Jobseeker (known as Disability Support Pension recipients aged 20 to 25 years Newstart prior to 2020) recipients aged between 50000 20 and 25 years with Aged 20–25 with disability partial capacity to 40000 work has increased by 30000 372.8 per cent in the decade from 2009 20000
The number of Youth 10000 Allowance recipients under 19 years old with partial capacity to 0 work has 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 increased by Disability Support Pension Source: Department Newstart/Jobseeker – Partial capacity to work 174.9 per cent of Social Service data Youth Allowance (Other) – Partial capacity to work provided to CYDA
The number of Youth Allowance recipients Figure 2: Trends from 2009 to 2020 of Youth Allowance aged between 20 and with partial capacity to work and Disability Support Pension 25 years with partial recipients aged 19 years and under capacity to work has increased by 25000 Aged 19 and under with disability 970.3 per cent 20000 The number of DSP recipients under 15000 19 years old has decreased by 10000 20.4 per cent
5000
0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Source: Department Disability Support Pension Source: Department of Social Service of Social Service data data provided to CYDA Youth Allowance (Other) – Partial capacity to work provided to CYDA
CYDA | PRE-BUDGET 2021–22 SUBMISSION 15 Recommendation 5: For the young people who have 32 Raise the Rate. (2020). Raise the Rate: successfully gained access to the Campaign supporters. Available at Ensure young people https://raisetherate.org.au/campaign- DSP, the strict eligibility requirements with disability are supporters/ have also created increased barriers 33 ACOSS. (2019). Surviving, not living: not living in poverty to gaining employment, with rates the (in)adequacy of Newstart and related of DSP recipients receiving earnings payments. Available at https://www. dropping by 1.7 percentage points acoss.org.au/wp-content/ between 2009 and 2018 (from uploads/2019/11/SurvivingNotLiving.pdf 9.3 per cent to 7.6 per cent).41 34 AIHW. (2019). People with disability in CYDA has heard from our Australia: In brief. Available at People with membership that young people are disability in Australia 2019: in brief (Full publication;21Aug2019Edition)(AIHW) reluctant to obtain paid employment as the risk of losing their access to 35 Collie, A., Sheehan, L. R., & Lane, T. J. (forthcoming). Changes in access to the DSP, which is ultimately their Australian disability support benefits safety net. This is a particular during a period of social welfare reform. concern of young people with https://doi. episodic or fluctuating disability. org/10.1101/2020.04.30.20041210 36 ibid. 37 ibid. CYDA urges the Australian 38 Services Australia. (2021). Jobseeker Government to review and Payments: How much you can get. https://www.servicesaustralia.gov.au/ amend the social security individuals/services/centrelink/jobseeker- system to ensure that young payment/how-much-you-can-get people with disability are 39 Services Australia. (2021) Youth not living in poverty and are Allowance payments for job seeker: How much you can get. https://www. adequately supported to find servicesaustralia.gov.au/individuals/ and maintain meaningful services/centrelink/youth-allowance-job- employment. seekers/how-much-you-can-get 40 Services Australia. (2020). Payment rates. Available at https://www. This includes: servicesaustralia.gov.au/individuals/ • increasing the rate of payments to a services/centrelink/disability-support- pension/how-much-you-can-get/ dignified standard of living that factor payment-rates in the extra living costs that are 41 Anti-poverty week. (2019). Fast facts: associated with living with disability Poverty and disability. Available at • reviewing and amending the https://antipovertyweek.org.au/wp- eligibility requirements for the content/uploads/2019/10/Poverty- Disability-APW-2019.pdf DSP to ensure different groups and disability types are not disadvantaged • amending the DSP requirements to support recipients to engage in paid employment • ensuring that there is timely and appropriate information and support available for young people to assist them to secure income support payments.
16 CYDA | PRE-BUDGET 2021–22 SUBMISSION RECOMMENDATION
Children and young people experience a myriad of biological, psychological and social changes in the first 25 of years of their lives. Along with these individual changes, children and young 6 people also rapidly transition through different life stages and encounter new systems. How they experience these life transitions – and whether there are safeguards in place – then have flow-on Ensure the impacts on the trajectory of their lives and the opportunities they can access. National Disability Insurance Scheme is fit-for-purpose for Factoring how important and across Australia receiving influential these early years are, inconsistent levels and quality of children and young services and systems must have the support. The current NDIS process, people capacity to understand and support including the ECEI stream, often the distinct needs of children and does not consider the role of young people. families/caregivers in supporting the development of children and young people, and their inclusion in community and mainstream services. Despite 57 per cent of all participants being aged 25 At a governance level, research has years or younger42, the National identified that there is a lack of clarity Disability Insurance Scheme around the boundaries of the NDIS and how it interfaces with different (NDIS) does not currently have services and systems, including a framework about what it is education, health, justice, and child trying to achieve for young protection.43 This results in systems people, or a framework to ‘passing the buck’ on who is most ensure optimal outcomes across responsible for providing supports this crucial developmental and care. This not only creates period. Currently, the NDIS increased stress and added time and administrative burden for children, offers the same support system young people, their families and – with the same workforce – caregivers, but it also risks individuals to all participants aged seven falling through the gaps between years and older. systems.
The NDIS is also intended to provide This approach is not supported many young people with employment by neurodevelopmental theory supports. As at June 2018, nearly and does not acknowledge the half (44 per cent) of young44 NDIS importance of middle childhood and participants had employment as one the life transitions that occur for of their goals in their plan.45 However children and teens. While the Early the link between the employment Childhood Early Intervention (ECEI) supports young people are accessing model does offer a separate service through the NDIS and employment system for participants aged six years outcomes is tenuous, with NDIA or younger, the outsourcing of the figures46 showing that the rate of service has resulted in children
CYDA | PRE-BUDGET 2021–22 SUBMISSION 17 Recommendation 6: young NDIS participants in paid 42 As at September 2020; NDIA. (2020). work only increased by three Explore data. Available at https://data. Ensure the National ndis.gov.au/explore-data percentage points (from 15 percent Disability Insurance to 18 per cent) approximately a year 43 Dickinson, H., & Carey, G. (2017). Managing care integration during the Scheme is fit-for-purpose after entry into the Scheme. implementation of large-scale reforms : for children and young One of the more common The case of the Australian National people Disability Insurance Scheme. Journal of employment supports received by Integrated Care, 25(1), 6–16. https://doi. young NDIS participants is School org/10.1108/JICA-07-2016-0026 Leaver Employment Supports (SLES). 44 Aged 15 to 24 years SLES is a support designed to help young people with disability prepare, 45 NDIA. (2018). Employment Outcomes. Available at https://data.ndis.gov.au/ look for and gain employment as they media/1562/download transition from school to employment. 46 National Disability Insurance Agency. However, there is no clear evaluation (2020). Employment Outcomes 30 June data to determine if the support is 2018: NDIS participants, their families effective and achieving real and carers. Available at https://data.ndis. employment outcomes. gov.au/media/1562/download
CYDA urges the Australian Government to develop an NDIS practice framework for working with participants aged 0-25 to ensure service improvement and consistency across the country. This framework should be accompanied by workforce training and clear accountabilities to ensure continuity of support across systems such as education, health and child protection.
The framework should be informed by evidence-based practice and developed with Disability Representative Organisations to ensure its suitability.
18 CYDA | PRE-BUDGET 2021–22 SUBMISSION RECOMMENDATION
The current development of the National Disability Data Asset (NDDA) is a welcomed initiative. Data collection on Australians with disability – particularly children and young people – has 7 historically been lacking. As such, it is difficult to ascertain the extent to which people with disability are disadvantaged or thriving in different systems and areas of community life. Fund outcomes monitoring for An example of this is data collected CYDA recommends the children and young on children and young people in NDDA is fully funded, and the youth justice system. While the people with disability that its development and limited data that is available indicates implementation genuinely a significant majority of detainees have one or more disability, there is engage advocates and not clear or consistent information experts around specific on the number of children and young cohorts to ensure the right people with disability within youth data is collected to monitor justice systems, the support they outcomes over time. receive, and the outcomes they experience.
While the NDDA is a good start in ensuring that children and young people are adequately supported and do not ‘fall in the cracks in and between systems’, the current investment is only for an 18-month pilot – a relatively short timeframe, particularly considering how many life transitions (which hold potential risks or opportunities) children and young people experience in the first 25 years of their life. With the pilot being so short, the NDDA cannot capture longitudinal data or medium to longer term outcomes. This risks government, advocates and services not fully understanding or misinterpreting what is working, what is not, and where future interventions or change is needed. Ultimately, the effectiveness of the NDDA will be undermined if it is not fully funded.
CYDA | PRE-BUDGET 2021–22 SUBMISSION 19 RECOMMENDATION
People with disability have historically been – and continue to be – subject to widespread and high rates of violence, abuse and neglect. The ongoing Royal Commission into the Violence, Abuse, 8 Neglect and Exploitation of People with Disability (Disability Royal Commission) is a significant piece of work that has helped provide a more comprehensive understanding of this Ensure the Royal mistreatment, including the settings where it occurs, why it occurs, and the impact it has on individuals and the wider community. Commission into Importantly, the Disability Royal Commission has identified system the Violence, Abuse, failures and a lack of safeguards which, if improved, could prevent future incidents of violence and mistreatment. Neglect and Exploitation of People with Disability can The work of the Disability Royal CYDA echoes this call and meet its terms of Commission is an enormous recommends the allocation undertaking. Unlike other Royal of funds for the extension of reference Commissions and inquiries which Disability Royal Commission tend to have a targeted focus on particular settings or systems, the should be reflected in the scope of the Disability Royal upcoming Budget. This includes Commission is vast and complex. funding support services for It was initially expected that a final individuals as well funding report, including recommendations, advocacy and representative would be released by 22 April 2022. organisations to help ensure However, due to the broad terms of that different groups within reference and the areas of concern that have arisen through the hearings the disability community are as well as interruptions caused by included on an equal basis COVID-19, the Commissioners have for the life of the Royal called for the Commission to be Commission. extended until September 2023.
20 CYDA | PRE-BUDGET 2021–22 SUBMISSION RECOMMENDATION
While the initial National Disability Strategy 2010–2020 vision and scope was ambitious and welcomed by the disability community, 10 years on it is widely acknowledged the Strategy 9 fell flat in delivering many of its intended outcomes.
Adequately resource A review into the implementation 47 Davy, L., Fisher, K.R., Wehbe, A., Purcal, of the Strategy commissioned by C., Robinson, S., Kayess, R., Santos, D. the new National (2019). Review of implementation of the DSS and a Senate Inquiry into the National Disability Strategy 2010-2020: 48 Disability Strategy’s delivery of outcomes under the Final report. (SPRC Report [4/19). actions and strategies Strategy both identified that there Sydney: Social Policy Research Centre, was a lack of a coordinated approach UNSW Sydney. http://doi. across policy areas and jurisdictions org/10.26190/5c7494b61edc4 to implement the Strategy and 48 Community Affairs References produce tangible outcomes. Committee. (2017). Delivery of outcomes under the National Disability Strategy A new Strategy is currently being 2010-2020 to build inclusive and created and is expected to be accessible communities. Available at https://www.aph.gov.au/Parliamentary_ finalised in 2021. Business/Committees/Senate/ Community_Affairs/ AccessibleCommunities/Report The new National Disability Strategy (NDS) requires a specific focus on children and young people with disability, which will have lifelong benefits. CYDA urges the government to allocate sufficient funding to implement the governance and delivery of the National Disability Strategy, and to ensure children and young people with disability and their representative organisations are meaningfully included in guiding and monitoring the progress of the Strategy’s actions and strategies.
CYDA | PRE-BUDGET 2021–22 SUBMISSION 21 RECOMMENDATION
Systemic advocacy conducted by human-rights based Disability Representative Organisations, like CYDA, works towards reform and change of social systems and structures that discriminate against, 10 or contribute to, the abuse and neglect of people with disability.
Boost funding for The systemic issues affecting the “Individual advocacy is when a systemic and rights of children and young people professional advocate supports a with disability are extremely broad, person with a particular problem. An individual advocacy spanning a large range of individual advocate either supports for children and young government portfolios and topic a person one-to-one or supports areas including child protection, them to advocate for themselves. people with disability health, education, employment, the The advocate will support someone for better outcomes NDIS, quality and safeguarding, to with an issue they have not been able name a few. This means that children to solve on their own. An individual and young people’s voices need advocate must be independent, only to be heard through participatory be on the side of the person with processes across a wide range disability, and only represent their of policy areas, facilitated by their interests.”49 national representative organisation. The main source of funding for individual disability advocacy is through the National Disability Disability Representative Advocacy Program (NDAP) funded Organisations assist the by the Australian Department of Australian Government by Social Services, and in some states providing systemic advocacy to and territories individual advocacy services receive additional funding ensure inclusive and evidence from these governments. based public policy. While there is a shortage of all individual advocacy services across For example, the way CYDA Australia, with long wait lists and conducts systematic advocacy for many organisations closing their children and young people with books for periods of time, there is disability includes; conducting a critical gap for children and young research and conducting people with disability as there are consultations and focus groups with very few specific advocacy services our members; responding to for this cohort, and limited capacity to government inquiries and reviews meet their needs within mainstream to ensure the needs of children and disability advocacy services. young people with disability are met; being a member of government advisory groups to provide advice; and facilitating collaboration with and across a range of sectors on the rights of children and young people with disability.
22 CYDA | PRE-BUDGET 2021–22 SUBMISSION CYDA receives hundreds of calls 49 Disability Advocacy Network Australia, every year from families needing Individual advocacy https://www.dana. org.au/how-to-advocate/ individual advocacy assistance. In our experience, where there are 50 Family Advocacy (NSW), the Association for Children with Disability (Vic), the specific state-based organisations Association for Children with Disability for children and young people with (Tas) and the Youth Disability Advocacy disability50, it is easier for young Service (Vic) people with disability and their 51 A Cost Benefit Analysis of Australian families/caregivers to have their independent disability advocacy agencies issues resolved. In many states and Professor Anne Daly Discipline of territories there are no specialised Economics University of Canberra Greg Barrett Canberra Rhiân Williams services, and we hear numerous Canberra https://www.dana.org.au/ reports of the difficulty young people wp-content/uploads/documents/ and families have in accessing the Disability-advocacy-CBA-2.pdf support they need.
For the rights of children and young people with disability in Australia to be upheld in line with the United Nations Convention on the Rights of Persons with Disabilities,, we believe there should be a boost in funding for both systemic and individual advocacy. Research shows this will bring a return on investment to governments (by diverting issues away from other government services and systems) of $3.50 for every $1 invested.51
While this cost-benefit analysis examined individual advocacy for people with disability across the life course, it is reasonable to assume the return would be greater when investing in advocacy services for children and young people with disability given the evidence around early intervention and the importance of development opportunities in the 0–25 year period for later life outcomes.
CYDA | PRE-BUDGET 2021–22 SUBMISSION 23 Suite 8, 134 Cambridge Street, Collingwood 3066 • PO Box 172, Clifton Hill 3068 t: 03 9417 1025 or 1800 222 660 (regional or interstate calls) e: [email protected]