Recommendation 11.15 – Disability death review scheme requirements

Australian Capital Territory

Response: Accept in principle
Status: Further work required

What has been achieved to date

The ACT Government has not yet commenced work to establish a disability death review scheme. The ACT Government is taking a considered approach to the staged implementation of the disability reform agenda, to ensure a holistic and strategic response. Consideration to implementation opportunities for a death review scheme may be included in further phases of work once the reform implementation approach is settled.

ACT government response July 2024

The ACT Government will review the death review scheme requirements and consider the most appropriate approaches to the implementation of a death review scheme in the territory. The ACT Human Rights Commission considers this recommendation supports the right to life and the right to equality under the Human Rights Act 2004 (ACT) and will be considered a protective function for ACT disability community members.

New South Wales

Response: Subject to further consideration 
Status: Subject to further consideration

What has been achieved to date

The Department of Communities and Justice has commenced work to evaluate the recommendations to establish a disability death review scheme in NSW. 

Consideration will be informed by consultation with other governments, the disability community and other stakeholders.

NSW government response July 2024

The NSW Government shares the Royal Commission’s concerns about the disproportionate rate of preventable deaths for people with disability.

The NSW Government will carefully consider the recommendations for a Disability Death Review scheme to provide for systemic death reviews in collaboration with other governments, the disability community and other stakeholders.

Northern Territory

Response: Accept in principle
Status: Further work required

What has been achieved to date

Further consideration is required to progress this recommendation.

NT government response July 2024

The Northern Territory will consider whether a review of the Coroner’s Act 1992 is required in accordance with this recommendation.

Queensland

Response: Subject to further consideration 
Status: Subject to further consideration

What has been achieved to date

The Queensland Government will carefully consider recommendations 11.14 and 11.15 related to the establishment of a disability death review scheme, including considering approaches in other jurisdictions, the existing Queensland legislative framework, and any interactions with other recommended reforms in relation to safeguarding and oversight.

QLD government response July 2024

The Queensland Government acknowledges the benefits that systemic death review schemes can offer in identifying and understanding the factors that contribute to the deaths of people with disability at the highest risk of poor outcomes. 

The Queensland Government will further consider this recommendation, in collaboration with other jurisdictions, including interactions with other death review schemes and the coronial reportable death framework that already operate in Queensland.

South Australia

Response: Subject to further consideration
Status: Subject to further consideration

What has been achieved to date

The South Australian Government remains committed to considering this recommendation further and will provide a response in due course.

SA government response July 2024

This recommendation is dependent on Recommendation 11.14 and 11.16. Further consideration is required to scope what the scheme would look like and how it could be introduced into legislation.

Tasmania

Response: Subject to further consideration
Status: Subject to further consideration

What has been achieved to date

This recommendation is currently being considered in the context of ongoing work in reviewing the Coroner’s Act 1995 (Tas).

TAS government response July 2024

The Tasmanian Government needs to further consider what this recommendation means for Tasmania.

In Tasmania, we do not have a specialist disability focussed death review mechanism to consider relevant information about how a person with disability has died.

The death of a person with disability is not a reportable death under the Coroners Act 1995 (Tas). The Coroners Act does cover deaths in custody and deaths in mental health facilities or those in relation to a medical procedure, however. 

Given our current position, we will need to consider how we would establish a disability death review scheme in Tasmania.

Victoria

Response: Accept in principle
Status: Further work required

What has been achieved to date

Progress on this recommendation is dependent on further work by the Commonwealth in relation to recommendation 11.16. 

The Victorian Government remains committed to accepting this recommendation in principle and has commenced preparatory work, including scoping existing processes and systems in place to guide Victoria's response to the recommendation and to enable a positive and productive working relationship with the Commonwealth and other states and territories.

VIC government response July 2024

We accept this recommendation in principle. It is an integral requirement to recommendation 11.14.

We will work with the Commonwealth, states and territories to develop an appropriate scheme that would fulfil recommendations 11.14, 11.15 and 11.16.

We will also work with the Commonwealth, states and territories to achieve a nationally consistent approach in the review and development of the legislation needed to meet this recommendation.

Western Australia

Response: Subject to further consideration
Status: Subject to further consideration

What has been achieved to date

As part of an analysis of the state’s broader statutory and disability policy frameworks, the WA Government will consider measures in place to protect people with disability and prevent avoidable deaths, including existing and new mechanisms

WA government response July 2024

The WA Government recognises the importance of systemic reviews of the deaths of people with disability to better understand and address potentially avoidable deaths. Further consideration is required for this recommendation to determine an appropriate mechanism to operate this scheme, with integration across an overarching safeguarding approach.

What the Disability Royal Commission said in the final report

States and territories should ensure legislation establishing disability death review schemes:

a) defines ‘reviewable deaths’ to include:

• deaths subject to mandatory notification
• deaths that a person or body with legitimate interest requests a scheme to review

b) requires deaths that are subject to a mandatory notification requirement include the death of a person with disability:

• living in supported accommodation at the time of their death
• residing in a licensed boarding house (or equivalent) at the time of their death
• residing in custody or in an acute health facility at the time of their death (after the disability death review scheme has operated for a period).

More recommendations

View progress on other recommendations made by the Royal Commission.