Joint Response to 6.31 (a): Accept
Joint Response to 6.31 (b): Accept in principle
Status: Further work required
What has been achieved to date
All governments acknowledge that aspects of this recommendation require further consideration in the context of any changes to Australia’s human rights framework.
The Australian Commission on Safety and Quality in Health Care (ACSQHC) will develop resources to support health service organisations and consumers in better understanding the health care rights of people with disability, including the right to equitable access, as part of their 2025-28 Workplan. These resources will align with and support the Australian Charter of Health Care Rights (Charter) which sets out the right to equitable access to health services for all people, including people with disability.
Planning is underway for the development of the third edition of the National Safety and Quality Health Service Standards (Standards), with a view to finalisation and implementation in 2029. The ACSQHC will ensure that the Standards and Charter align with the Disability Services and Inclusion Act 2023 and any progress towards a re-established human rights framework and the establishment of a federal Human Rights Act.
The ACSQHC released the National Safety and Quality Health Service Standards User Guide for health care of people with intellectual disability (October, 2024) and accompanying Intellectual disability and inclusive health care fact sheet (December, 2024) in response to significant evidence of poor health outcomes for people with intellectual disability in Australia’s health system.
The ACSQHC will continue to undertake wide consultation with key stakeholder groups and the public when developing the third edition of the Standards and supporting resources to ensure equal access to health care services for all people with disability throughout life.
Further work is required to progress embedding the right to equitable access to health services in policy instruments.
In New South Wales (NSW), NSW Health’s Policy Directive on Responding to the health care needs of people with disability, updated in September 2024, advises that people with disability can be accompanied by a support person in a health setting, where appropriate (see Section 3.4.3). The policy recognises the important role support people such as family members, carers and disability support workers have in improving communication and understanding of a person’s care needs and required adjustments for healthcare.
What the Disability Royal Commission said in the final report
a) The Australian Commission on Safety and Quality in Health Care should:
- amend the Australian Charter of Healthcare Rights to incorporate the right to equitable access to health services for people with disability and align with the scope of this proposed right in the Disability Rights Act recommended in Volume 4, Realising the human rights of people with disability
- review and revise the National Safety and Quality Health Service Standards and the National Safety and Quality Primary and Community Healthcare Standards to provide for the delivery of safe and high-quality health care for people with disability and align with the scope of the proposed right to equitable access to health services in the Disability Rights Act recommended in Volume 4
- as part of this review, consider how the national standards support equal access to health services for people with disability throughout life, including (but not limited to) prevention and health promotion, diagnosis and early intervention and rehabilitation services.
b) The Australian Government Department of Health and Aged Care and state and territory counterparts should review all policies and protocols to ensure people with disability are permitted to be accompanied by a support person in any health setting. This should apply at all times, including when in-person healthcare restrictions are in place, such as during COVID-19.
Joint Government response July 2024
Recommendation 6.31 (a)
The Australian Government and state and territory governments are committed to ensuring key policy instruments and plans support an inclusive Australian society that ensures people with disability have access to health care services that address their needs. The Australian Government, through the Australian Commission on Safety and Quality in Health Care and in consultation with Commonwealth and State and Territory health governments, will develop a plan to update key policy instruments to ensure they articulate the requirements for safe and equitable access to health services for people with disability. Enacting this recommendation will enable a more person-centred approach to health care planning and delivery, reduce health disparities, provide guidance to patients, and set clear expectations on health services and clinicians.
Recommendation 6.31 (b)
The Australian Government and state and territory governments are committed to reviewing all policies and protocols to support an inclusive Australia that ensures people with disability have access to high-quality health care. This includes permission to be accompanied by a support person in as many health settings as possible.
There may be some situations where disability support workers are not able to accompany patients (e.g., during surgical procedures; some involuntary or forensic spaces). These instances will be minimised, and state and territory governments will ensure that disability adjustments and supports are fully provided where support workers cannot be present.
More recommendations
View progress on other recommendations made by the Royal Commission.