Recommendation 5.5 – Establishment of a National Disability Commission

What has been achieved to date

On 30 May 2024, the Parliamentary Joint Committee on Human Rights (PJCHR) tabled its inquiry report regarding Australia’s Human Rights Framework. The PJCHR reviewed the scope and effectiveness of Australia’s Human Rights Framework and made 17 recommendations directed to improving human rights protection in Australia, including for the enactment of a federal Human Rights Act.

The Australian Government is considering the Disability Royal Commission’s recommendations in relation to the enactment of a Disability Rights Act, and the accompanying functions and complaints mechanism of a National Disability Commission, alongside the Parliamentary Joint Committee on Human Rights’ recommendations.

What the Disability Royal Commission said in the Final Report

The Australian Government should establish the National Disability Commission as an independent statutory body under the Disability Rights Act (see Volume 4). The National Disability Commission should: 

• support the realisation of the human rights of people with disability through monitoring and oversight of the Disability Rights Act
• monitor and report on outcomes for people with disability across Australia
• promote best practice and innovative approaches to improving outcomes for people with disability by sharing information across governments, the community sector, the private sector and the broader community.

The Commission should be chaired by a person with disability and comprise a small group of commissioners. The majority of commissioners should be people with disability, and represent the diversity of people with disability.

The National Disability Commission should be established by mid-2025.

In addition to functions proposed in Volume 4 and Volume 12, its functions should include:

• developing an Outcomes for People with Disability report every two years and tabling it in the Australian Parliament. The report should:
  • detail outcomes achieved under Australia’s Disability Strategy 2021–2031 (the Strategy)
  • provide comparative performance assessments on outcomes for people with disability, including the implementation of the Strategy, through traffic light reporting across each jurisdiction
  • analyse data, including outcomes data from National Disability Insurance Scheme reporting and other relevant reporting from the Australian Government and state and territory governments. This includes reporting on jurisdictional disability strategies and plans, and reporting from relevant oversight bodies
  • include the views and experiences of people with disability, as well as those of families and carers of people with disability
  • recommend to governments actions needed to improve outcomes for people with disability.
• promoting and disseminating information, research and evidence on best practice models for — and innovative approaches to — improving outcomes for people with disability. This information should be shared across governments, the non-government sector, the private sector and the broader community
• partnering with a diverse range of people with disability, and their families and carers, to develop advice and key reports.

Australian Government Response July 2024

On 30 May 2024, the Parliamentary Joint Committee on Human Rights (PJCHR) tabled its inquiry report regarding Australia’s Human Rights Framework. The PJCHR made 17 recommendations, including that the Government re-establish and significantly improve Australia’s Human Rights Framework. The PJCHR recommended the re-established and improved human rights framework include, among other things, the establishment of a federal Human Rights Act and enhancements to the role of the Australian Human Rights Commission.

The Australian Government will further consider the Disability Royal Commission’s recommendations in relation to the enactment of a Disability Rights Act and the accompanying functions and complaints mechanism of a National Disability Commission alongside the PJCHR’s recommendations. This will ensure a holistic approach is taken to ensuring the rights and freedoms of all Australians are respected and protected.

The Government has continued to progress a range of reforms and measures that will better protect and advance the human rights of people with disability. Further information on these reforms and measures can be found in the response to recommendations 4.1–4.21 and the Overview of initial investment and action section of this initial Australian Government Response to the Disability Royal Commission

More recommendations

View progress on other recommendations made by the Royal Commission.