Recommendation 11.3 – ‘One-stop shop’ complaint reporting, referral and support

Australian Capital Territory

Response: Accept 
Status: Complete

What has been achieved to date

The Commission continues to provide this service to ACT community members with a disability. This has been enhanced with the commencement in April 2024 of the positive duty to provide reasonable adjustments across all protected attributes in the ACT Discrimination Act and commencement in April 2025 of the positive duty to take steps to eliminate discrimination, vilification and harassment across all protected attributes including disability in the ACT Discrimination Act for ACT public authorities.

ACT government response July 2024

The ACT Human Rights Commission is an independent, statutory body that can investigate and conciliate complaints, including complaints about discrimination and vilification; disability services; abuse, neglect or exploitation of a person with a disability and breaches of human rights. The Commission works closely with other oversight bodies and community services such as legal centres and regularly makes referrals where appropriate to assist community members to access available supports. The Commission can accept anonymous or confidential third-party reports under its complaint provisions. 

The Commission can assist people to report crimes to police where appropriate through its vulnerable person complaint process or through its Victims Support ACT functions. The Commission also promotes awareness of rights and obligations and improves service provision and outcomes for people protected by relevant legislation. Systemic issues can be investigated and addressed through Commission-initiated considerations.

The functions of the Commission have been expanded through successive reforms rather than a single co-designed process. However, the Commission regularly seeks feedback from people with disability as service users and key stakeholders to continue to improve accessibility of all its services.

New South Wales

Response: Accept in principle
Status: In progress

What has been achieved to date

The NSW Ageing and Disability Commission (ADC) already fulfills many of the proposed functions set out in this recommendation. The ADC receives, investigates and responds to allegations of abuse, neglect and exploitation of older people and adults with disability in NSW. It makes referrals to advocacy and other services, which includes giving information about agencies the reporter needs to contact.

Discussions are underway with NSW government stakeholders, including the ADC, on the best way to achieve this recommendation. The ADC is also working with its counterparts in other states and territories to support consideration of this and related recommendations.

NSW government response July 2024

The NSW Government supports the availability of appropriate and accessible pathways for reporting concerns about violence, abuse, neglect and exploitation of people with disability.

The NSW Ageing and Disability Commission currently fulfills many of the proposed functions set out in recommendation 11.3. The NSW Government will collaborate with the Australian Government, other States and Territories, the disability community and other stakeholders in implementing both this recommendation and Recommendation 11.4.

Northern Territory

Response: Accept in principle
Status: Further work required

What has been achieved to date

The Northern Territory remains supportive of this recommendation and acknowledges the benefits of an independent ‘one-stop shop’ complaint reporting, referral and support mechanism to receive reports of violence, abuse, neglect and exploitation of people with disability.

Consideration is being given to how this mechanism could operate in the Northern Territory, by whom, and the appropriate expertise required to perform its functions, noting the unique challenges of service delivery in the Territory context.

NT government response July 2024

The Northern Territory supports this recommendation, noting further consideration of resourcing implications is required.

Queensland

Response: Accept in principle
Status: Further work required

What has been achieved to date

The Queensland Government is considering recommendation 11.3, in collaboration with the Australian Government and other states and territories.

QLD government response July 2024

The Queensland Government supports complaints processes that are accessible, responsive, culturally safe, rights-focused and streamlined across disability and mainstream settings. 

However, the Disability Royal Commission has made multiple recommendations relating to complaint mechanisms, including in different service settings, that state, territory and Australian governments have accepted in principle. The Queensland Government acknowledges the need for an approach to 'one-stop-shop' complaint reporting to be responsive to how these recommendations are implemented.

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

The South Australian government supports the need for appropriate reporting mechanisms. There are currently a number of complaint mechanisms in South Australia. The Office of the Health and Community Services Complaints Commissioner currently lead health complaints. This independent statutory office is public-facing and accessible to all South Australian consumers. South Australia also has a fully established and operational Adult Safeguarding Unit (ASU) under the Ageing and Adult Safeguarding Act 1995 (AAS Act). The AAS Act does not include a specific definition of ‘adult with disability’, noting the legislation applies to all adults who may be vulnerable to abuse. 

Further consideration is required to understand how the introduction of a new mechanism for people with disability could be implemented across key health and community services.

Tasmania

Response: Accept in principle
Status: In progress

What has been achieved to date

The Tasmanian Disability Rights, Inclusion and Safeguarding Act 2024 received Royal Assent in November 2024 and is expected to commence in mid 2025. The Act establishes the Tasmanian Disability Commissioner with a range of investigative and complaint handling powers, including the ability to refer and share information with other information sharing entities. 

An Interim Disability Commissioner has worked to establish a staff, office and information sharing protocols.

The recruitment of Tasmania’s inaugural Disability Commissioner has been completed. 

TAS government response July 2024

The Tasmanian Government accepts this recommendation in principle.

The Tasmanian Government will consider this recommendation in the context of establishing a Disability Commission.

Victoria

Response: Accept in principle
Status: In progress

What has been achieved to date

The independent regulator of social services, the Social Services Regulator, commenced on 1 July 2024 and regulates social services, including state funded disability services with a focus on service user safety, agency and dignity. Complaints relating to Victorian Government-funded disability services can be received by the Disability Services Commissioner, and the Commissioner also plays a role in referring complaints that are outside of its scope to the appropriate regulator. The Victorian Disability Worker Commission can also receive complaints in relation to disability workers across a range of settings.

The Victorian Government has announced its intention to consolidate Victoria's social services safeguarding entities to improve the regulatory system and make the system easier to navigate for people with disability including when making complaints. The reform would see the Disability Services Commissioner, Victorian Disability Worker Commissioner and Disability Worker Registration Board of Victoria merge with the new Social Services Regulator bringing functions under one roof. A complaint's function would be established to cover all regulated services.

VIC government response July 2024

We accept this recommendation in principle.

We are committed to providing an efficient and effective social services regulatory system with an accessible complaints system.

Currently, complaints about disability services funded by the Victorian Government can be made to the Disability Services Commissioner. The Commissioner also plays a role in referring complaints outside its scope to the appropriate regulator.

The Victorian Disability Worker Commission can receive complaints about disability workers.

People with a disability may also make complaints to other bodies – for example, the Victorian Institute of Teaching can receive complaints about teachers.

We support a one-stop-shop for all complaints relating to people with a disability, including the option of referring complaints to other bodies.

However, we need to investigate whether this function duplicates or overlaps with other complaints bodies. We wish to avoid creating confusion for people who wish to make a complaint.

Western Australia

Response: Accept in principle
Status: Further work required

What has been achieved to date

The WA Department of Communities will undertake work to map potential options for broader legislative and policy reforms in WA that best meet the needs of the disability community to inform mechanism options for complaint reporting.

WA government response July 2024

The WA Government accepts in principle this recommendation. Implementation is subject to co-design, consideration of functional overlap with existing state and national reporting bodies, legislative amendment or introduction and funding.

What the Disability Royal Commission said in the final report

States and territories should each establish or maintain an independent ‘one-stop shop’ complaint reporting, referral and support mechanism to receive reports of violence, abuse, neglect and exploitation of people with disability. This mechanism should perform the following functions:

a) receive complaints or reports from anyone concerned about violence, abuse, neglect and exploitation involving a person with disability in any setting

b) provide advice and information to people with disability, representative organisations and other interested parties about appropriate reporting options

c) with a person’s consent:

• make warm referrals to appropriate complaints bodies
• make warm referrals to advocacy and other services who can support them in the complaint process

d) refer ‘third party’ reports to police, including anonymous reports

e) collect, analyse and publicly report annual data on complaints and reports received and on referrals.

The mechanism should be co-designed with people with disability to ensure entry points are accessible to and effective for people with a range of abilities, language and communication needs. The mechanism should be placed, if possible, within an existing independent organisation which has appropriate expertise and relationships with services to perform its functions.

More recommendations

View progress on other recommendations made by the Royal Commission.