Carol Brown (Tasmania, Australian Labor Party, Shadow Parliamentary Secretary for Families and Payments) Share this | Hansard source

I rise today to speak about the need for a royal commission into violence and abuse of people with disability. Last month, Labor announced that, if elected, we would establish a royal commission—a decision made after extensive consultation. I want to quote some of the people who were with me, Labor leader Bill Shorten and Ms Jenny Macklin on the day that Mr Shorten announced our decision. One of those survivors of abuse said:

Enough is enough. It is our time to be heard. Here is our time for justice, now.

Paula also shared her story of abuse:

Our son is autistic and our son has been physically and sexually abused. What you need to understand is autistic people don't lie. So when they tell these stories, you need to listen, you need to really listen and make sure that these people know that they're being heard.

It was an incredibly emotional day listening to those harrowing stories.

I wish that the Prime Minister and his ministers had been with us in Melbourne for our announcement, because I am sure that they would have reconsidered their decision not to support a royal commission, and Mr Turnbull would realise that a royal commission is the best and most appropriate response that will have the most far-reaching outcomes to tackle this abuse that these people have suffered. I wish the Prime Minister would listen to the 163 community groups and nearly 400 individuals who last week sent him a civil society statement calling for a royal commission—among them St Vincent de Paul, Anglicare and Amnesty International. As Carolyn Frohmader, from Women with Disabilities Australia, said about the need for a royal commission:

I actually feel that things are getting worse not better. It is an issue of critical, urgent and national significance.

People with disability and their families have suffered abuse for far too long. Their voices should no longer be ignored or left unaddressed.

In November 2014 ABC Four Corners aired a program entitled In Our Care. This documentary detailed violence against people with disability in residential settings. It exposed examples of acts of sexual violence and other forms of violence and abuse. This program exposed not only abuse but also systemic complacency and a lack of follow-up to hold perpetrators of these abusive acts accountable, resulting in these individuals being allowed to continue to work in the disability sector. In January 2015 peak disability advocacy groups renewed a campaign for a national inquiry into the abuse of people with disability and wrote to the Prime Minister. This letter was endorsed by over 95 state and territory based disability and related organisations from around Australia and supported by over 11,000 signatories to a petition calling for a national inquiry.

The issues raised reverberated and there was so much concern that, in February 2015, the matter was referred to the Senate Community Affairs Committee. As a result, a Senate inquiry into the violence, abuse and neglect against people with disability in institutional and residential settings was established. The evidence to the Senate inquiry was shocking and compelling. The Senate inquiry found that violence and abuse against people with disability in Australia is prolific and systemic. It was further evidenced that people with disability face unspeakable levels of violence and abuse across multiple institutional and residential settings.

The results of the Senate inquiry were released in November 2015. They contained 30 recommendations. The No. 1 recommendation was:

The committee recommends that a Royal Commission into violence, abuse and neglect of people with disability be called, with terms of reference to be determined in consultation with people with disability, their families and supporters, and disability organisations.

This recommendation came down after the consideration of a substantial body of evidence, after listening to the individual examples of the harrowing accounts of their abuse and after hearing from the families, carers and other significant people and groups affected by the abuse of someone they love and for whom they care.

Regrettably, after the Senate committee's report was released, the government took 15 months before they responded. It was extremely disappointing that in March this year the government announced that it would oppose the need for a royal commission and that there would be no royal commission. The government would oppose the No. 1 recommendation from a Senate committee report. Instead, the government proposed that the National Disability Insurance Scheme's new Quality and Safeguarding Framework would address all of these issues. We welcome the framework, but Labor's clear position is that we need a royal commission. The Quality and Safeguarding Framework is required to protect and prevent people with disability from experiencing harm arising from poor-quality or unsafe supports or services under the NDIS.

It is important to understand that the vast majority of people with disability in this country will not be covered by the NDIS. It is estimated that the NDIS will only cover approximately 10 per cent of people with disability across Australia. A royal commission would be for all people with disability in Australia. The evidence is clear that abuse of people with disability is not just confined to that sector. A royal commission would ensure that justice is done, that people with disability are properly protected and quality and safeguards are in place for all. This is not guaranteed by the NDIS Quality and Safeguarding Framework.

These people need to have an opportunity to tell their stories. These people deserve, wherever possible, to have the criminal justice system respond to their allegations of abuse. Australia deserves the right to feel confident that justice has been served. Labor believes that a royal commission into violence and abuse of people with disability is essential for the following reasons: to enable people with disability to tell their stories and give evidence in a safe and supported way; to compel witnesses and representatives of agencies and service systems to appear; to refer criminal allegations; to ensure people with disability, who have been the subject of abuse, their carers, families and significant others receive the necessary supports and treatment to repair their lives; to ensure that all service systems are properly examined so the essential change that needs to occur identifies a way forward; to provide essential resources to ensure that people with a disability are fully able to participate and contribute to a royal commission; to commission the essential ongoing research and development that will be required to arrest the violence and abuse; to develop nationally consistent approaches for the protection of people with disability in all states and territories; and to make recommendations on legal reform, policy systems, practices and codes that will create a safer future for all people with disability in Australia.

This Friday the Disability Reform Council will meet. I am urging them to impress upon the Turnbull government the need to reverse their position and to support a royal commission. I hope that the government heeds the call for a royal commission that has come from so many quarters—not only disability advocacy groups but those who have suffered abuse and violence, their families, carers and supporters. I hope that the government does heed their call to establish a royal commission and that the Turnbull government will consult the disability community on the scope and terms of reference for this much needed royal commission. As Disabled People's Organisations Australia said:

Only a royal commission can provide a just response to people with disability who have been denied justice for so long.