by Dr David Roy
The Australian Government has finally released its response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of people with a Disability; and it is deeply disappointing. After almost $600m spent on the Commission, the Government has accepted only 13 of the 172 recommendations. Many recommendations were accepted in principle, which means some aspects would need to be changed. Thirty-six were ‘for further consideration’ and 6 were ‘noted’ which suggests the Government sees these as more State matters.
Other areas where the Government avoided responsibility included equal access, enrolment, and participation. Of the recommendations that they accepted in principle, there is an acceptance of the need for clearer policies, clearer communication between systems and families, better reporting of data, a need for increased funding, and workforce training. All these areas are already being expanded on by the States, whom have these responsibilities.
Two areas which have a surprisingly positive response are the recognition of inappropriate exclusionary discipline of children with a disability (7.2) and the failure of current complaint management (7.10). Again, these are areas already being tackled by many of the State Governments.
The most striking area of the Royal Commission’s recommendations that the government chose to simply leave for ‘further consideration’ were all 21 recommendations of the ‘Realising the Human Rights of People with Disability’. This was the Royal Commission into abuse and discrimination of people, and the Government cannot even provide an acceptance of the human rights requested – a foundation of the United Nations Convention on the Rights of the Child. Australia was a signatory and to this and Ratified it in 1990. In 2007, Australia signed the Convention on the Rights of Persons with a Disability (CRPD), which became enforced in 2008. Yet, despite these and the multiple acts and policies enacted, discrimination, abuse and violence remain. The fear of families and individuals with a disability have come to fruition. They have been re-traumatised through sharing their stories with the hopes of change, and yet the Government appears to still abrogate their responsibilities.
The most controversial education recommendations in the Royal Commission were recommendations 7.14 and 7.15, where the commissioners were split on the future of Schools for Special Purpose (SSPs), as in separate special schools for children with a disability. The Government response on these recommendations was that they were only ‘noted’. This means the recommendations were considered as being outside the Federal Government's remit. Systems, educators, children and families are left with uncertainty as to the future. The systems are maintained and perpetuated; and we remain with limited research on the real benefits or harm of maintaining the status quo. Whilst States do make these decisions, the Federal Government has multiple levers which can encourage States to act. Silence on the role of SSPs is disingenuous of the Government. Through induced demand, the Federal Government can encourage moves towards either mainstream integration or to further development of SSPs. If we build more SSPs, more children will leave mainstream schools. If we limit SSPs, mainstream schools will have to adapt and accept more children with disabilities.
The Government can show leadership – instead, they have chosen to put their own ideological safety ahead of the safety of our children.
Dr David Roy is a senior lecturer at the University of Newcastle’s School of Education and works closely with disability groups in NSW.