3. Fairness and safety

'I get a fair go'

Feeling safe is a basic human right. People with disability face disproportionate levels of violence and abuse, which is unacceptable. We must do more to ensure everyone is respected and can feel safe.
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Outcomes under this pillar

Respect

How we will know we've made progress:

  • People with disability experience less disability-related discrimination
  • People with disability experience less unfair treatment

Safety

How we will know we've made progress:

  • People with disability report increased community safety
  • People with disability experience less interpersonal violence
  • People with disability experience less bullying
  • People with disability experience less abuse and neglect

Priority area commitments and actions

3.1 Safety in emergencies

We will ensure people with disability and other highly exposed communities are supported to improve their capacity to prepare for climate-related events. We will do this by:

3.1.1 Preparing a needs assessment to understand additional support measures needed for at-risk communities across the built environment. We will do this in partnership with government agencies, social services and communities.

3.1.2 Improving accessible and culturally responsive information for at-risk communities. This will include enhancing government communication and outreach procedures to meet the needs of diverse communities.

We will work to ensure emergency preparation, response and recovery efforts are inclusive of people with disability. We will do this by:

3.1.3 Identifying pathways to increase the representation of people with disability, their families and experts in municipal, regional and state-level emergency management planning. We will do this by listening to people with disability, exploring professional development opportunities to broaden our knowledge and working with the Emergency Management Inclusion and Diversity Leadership Group to ensure better representation of people with disability across emergency management sector organisations.

3.1.4 Improving accessibility and representation of people with disability in public communications provided through Emergency Management Victoria. We will do this by working with people with disability to make communications more accessible and by ensuring representation is strengths-based and reflects the community. We will then share these practices with emergency management sector partners through forums including the Emergency Management Inclusion and Diversity Leadership Group.

3.1.5 Advocating for data sharing from the Commonwealth of aged care, Home and Community Care and NDIS client data.

3.2 Disability advocacy

We will work to ensure all Victorians can have equal rights and challenge discrimination through access to a thriving disability advocacy sector led by and for people with disability. We will do this by:

3.2.1 Working with the sector to finalise and implement a new outcomes framework for the Victorian Disability Advocacy Program. This framework will build a stronger evidence base and guide future program direction to maximise the impact and reach of the program.

3.2.2 Building the evidence base, knowledge and intersectional capacity of the Victorian disability advocacy sector to better support the needs of all people with disability.

3.2.3 Working with advocacy agencies to determine service gaps and identify improvements to ensure all eligible Victorians can access the NDIS.

3.2.4 Identifying opportunities through the new Victorian Disability Advocacy Program outcomes framework to highlight and strengthen the important work of self advocacy groups in speaking up for the rights of people with disability.

3.2.5 Working with advocacy agencies and self advocacy groups to explore ways to ensure more people with disability know about their rights and feel confident speaking up for themselves.

3.2.6 Strengthening peer support groups for people from diverse and underserviced communities through the Disability Self Help Grants program.

3.3 Preventing abuse and neglect

We will develop the new Victorian social services regulations and standards to ensure all Victorians, including people with disability, have access to safer and more responsive social services. We will do this by:

3.3.1 Continuing to involve people with disability in designing the new Social Services Standards, which will set out compliance obligations under the new Social Services Regulator. The new scheme will replace existing regulatory obligations, including compliance with the Human Services Standards. This includes engaging with the Victorian Disability Advisory Council, disability advocacy agencies and disabled people’s organisations.

3.3.2 Strengthening protections for people with disability accessing social services by developing options to improve social services complaints functions.

We will work with the NDIA and the Commonwealth Government to identify and address gaps in safeguards for people with disability. We will do this by:

3.3.3 Co-designing with people with disability an online accessible safeguards information hub about preventing violence, abuse and neglect of people with disability. This will include resources developed over the past four years with key stakeholders and be targeted towards people with disability, their families, carers and disability advocates.

3.3.4 Identifying opportunities to strengthen safeguards to better protect people with disability who are at risk of abuse or neglect. This includes undertaking the Adult Safeguarding Legislative Review to support the National plan to respond to the abuse of older Australians (elder abuse) 2019–2023.

We will build the workforce skills base and capacity to strengthen specialist behaviour support as a significant safeguard for people with disability who are subject to restrictive practices. We will do this by:

3.3.5 Strengthening the authorisation process for restrictive practices and ensuring Victoria continues to meet the national principles for restrictive practice authorisation.

3.3.6 Working with the Commonwealth, states and territories to improve the capacity and capability of behaviour support practitioners to ensure high-quality behaviour support plans are developed and implemented.

We will work across the Victorian Government to ensure consistent rights and protections for people living in disability supported accommodation. We will do this by:

3.3.7 Identifying and working to address gaps in legislative residential rights and protections for residents of, and people requiring, disability supported accommodation.

3.3.8 Working with the Commonwealth, states and territories towards nationally consistent residential rights and protections for people living in SDA across all jurisdictions.

3.3.9 Establishing a set of principles and functions to guide and modernise the role of community visitors within the context of the NDIS, as well as strengthening the role for state-based disability services through legislative reform.

3.4 Family and sexual violence

We will work in partnership with people with disability to prevent family and sexual violence through understanding and highlighting the drivers of family and sexual violence against adults and children with disability and, in particular, the high rates of gender-based violence and discrimination against women with disability. We will do this by:

3.4.1 Developing practice resources to support the disability sector and others in primary prevention of violence against adults and children with disability in the home, building on action research.

3.4.2 Strengthening the capability of the primary prevention, disability and social service workforces in disability-inclusive primary prevention activity through Women with Disabilities Victoria’s Gender and Disability Workforce Development Program.

We will continue to implement the family and sexual violence reforms to strengthen access, inclusion and responsiveness of the family violence and sexual assault sectors. This will ensure all adults, young people and children with disability have equal access to services by breaking down systemic barriers in line with the Everybody Matters: Inclusion and equity statement. We will do this by:

3.4.3 Piloting the family violence and disability practice leader roles in The Orange Door areas between 2021 and 2023. Three initial pilots are underway, with additional practice leaders to be funded. These roles will build the capacity of family violence and sexual assault services to provide inclusive and culturally safe support to people with disability, including stronger linkages and referral pathways with disability services. Practice leader learnings will be documented and shared with specialist family violence services and sexual assault services statewide to inform systemic capacity building in delivering family violence and sexual assault services to improve outcomes for people with disability.

3.4.4 Ensuring all core and cluster refuge redevelopment specifications align with the standards referenced in the Disability Discrimination Act 1992.

3.4.5 Continuing to build professionals’ understanding of different risk factors for people with disability experiencing or at risk of family violence as part of the rollout of the Multi-Agency Risk Assessment and Management (MARAM) framework.

3.4.6 Exploring the role of disability service providers in identifying and responding to family violence risk as part of implementing the MARAM framework.

3.4.7 Continuing to implement the Family Violence and Disability Crisis Response initiative.

3.4.8 Continuing to inform, shape and improve family violence and sexual assault policy and practice to include adults, children and young people with disability.

3.5 Justice System

We will work to make the criminal justice system, including corrections services, more accessible, safe and inclusive for people with disability. We will do this by:

3.5.1 Including people with disability in corrections policy and program design.

3.5.2 Driving integration across the corrections system (custodial and community) with other agencies including the Forensic Disability Program and the NDIA.

3.5.3 Embedding disability awareness and responsiveness in the corrections workforce.

3.5.4 Improving access to appropriate therapeutic options for women and young people with cognitive disability involved in the criminal justice system. This will include exploring dedicated forensic disability residential treatment and specialist accommodation services.

3.5.5 Fostering mechanisms to co-design and continually improve policies, programs and services with people with cognitive disability with lived experience of the criminal justice system through the Forensic Disability Program.

3.5.6 Working with people with disability and partner organisations to better understand the prevalence, characteristics, pathways and experiences of people with disability involved in, or at risk of involvement in, the criminal justice system through the Forensic Disability Program.

3.5.7 Convening the Disability Justice Operational Forum four times a year. The forum will provide a collaborative environment for Victorian and NDIS stakeholders working at the operational level to regularly meet with people with disability who have experience of the justice system to learn together, share resources and identify ways to consider the voice of lived experience in policy and service design.

We will work to ensure our justice systems are accessible, safe and inclusive for young people and children with disability. We will do this by:

3.5.8 Continuing the work of youth justice case managers and specialist disability advisors to ensure young people with disability have timely access to appropriate services and support including specialist disability services and other support services. This includes a position dedicated to supporting Aboriginal young people and children with disability.

3.5.9 Establishing the Disability Advice and Response Team (DART) within the Children’s Court of Victoria. DART will provide on-the-spot advice to the court in relation to a young person’s disability and the support they require, with the aim of diverting the young person out of the justice system at the earliest point. An Aboriginal DART worker will be available to the Koori Children’s Court and at Marram-Ngala Ganbu (Koori Family Hearing Day).

3.5.10 Delivering the Just Voices project, which aims to strengthen the capability of frontline justice workforces, including within the adult and youth justice systems, to support people with disability by engaging people with lived experience of the justice system to co-design workforce development initiatives.

We will support people with cognitive disability to navigate the criminal justice process. We will do this by:

3.5.11 Providing the Intermediary Program, which assists adults with cognitive disability and children to communicate their evidence through the criminal justice process. The Intermediary Program helps police, lawyers and judges to plan their questioning so victims can understand, participate, feel more confident and provide better quality evidence. We will consult with people who use the program to undertake an impact evaluation and ensure their feedback informs future service development.

3.5.12 Developing accessible information for clients in the Forensic Disability Program in formats appropriate to their needs. This will support them to better understand their rights and responsibilities and to participate in decisions related to them including treatment and behaviour support plans.

We will work closely with Aboriginal communities to drive action and improve outcomes for Aboriginal people with disability interacting with the justice system. We will do this by:

3.5.13 Working with Aboriginal community partners to enhance responses to Aboriginal people with disability under the Victorian Aboriginal Justice Agreement through developing its next phase.

3.5.14 Embedding cultural safety in all aspects of the Forensic Disability Program’s services and promoting opportunities for self-determination for Aboriginal residents. This will include access to support from the Aboriginal liaison officer and exploring options for Aboriginal community-controlled specialist forensic disability accommodation services for adults and young people.

We will increase police workforce capability to better serve people with disability. We will do this by:

3.5.15 Working in partnership with Scope Australia to provide police with the knowledge and skills to improve interactions with people with complex communication needs.

3.5.16 Updating and promoting the Voluntary Disclosure Process. This process allows people with disability to give police information about their support needs and about how police can best engage with them.

3.5.17 Establishing a network of police employees with knowledge and understanding of disability to champion good practice and services that respond to the needs of people with disability.

3.5.18 Working with people with disability to co-design initiatives under the Victoria Police disability action plan.

3.5.19 Working with victims services and the Office of the Public Advocate to increase policy awareness and use of intermediaries and independent third persons.

3.6 Right to expression of sexuality and gender identity

We will work with people with disability to support their right to fully express their sexuality and gender identity. We will do this by:

3.6.1 Working with people with disability, the disability sector, the NDIA and the NDIS Quality and Safeguarding Commission to address barriers to expression of sexuality and gender identity in group homes and other settings.

3.6.2 Advocating to the Commonwealth and the NDIA and working with the disability sector to ensure people with disability can access sexual supports.

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