Responsibility:
Joint response: ACT and WA: Accept in principle Commonwealth, NSW, QLD, NT, SA, TAS, VIC: Subject to further consideration
Status: Further work required
What has been achieved to date
The Australian Government and state and territory governments continue to consider the issues raised by this recommendation, noting differences in the jurisdictions’ legislative frameworks and current reform processes underway in some jurisdictions.
As stated in the Victorian Government response to the Royal Commission, this recommendation is at least substantially met in terms of adults by Part 6 of the Guardianship and Administration Act but further consideration is required with respect to children.
What the Disability Royal Commission said in the final report
a) All jurisdictions should amend or enact legislation prohibiting non-therapeutic procedures resulting in permanent sterilisation of people with disability, except where:
- there is a threat to the life of the person with disability were the procedure not performed or
- the person with disability is an adult and has given voluntary and informed consent to the procedure, with support for decision-making if required.
b) All jurisdictions should amend or enact legislation in accordance with paragraph a. by the end of 2024.
c) The Australian Guardianship and Administrative Council (AGAC) should expand its annual collation and publication of data on the sterilisation of people with disability. This data should include the number of applications, reasons for applications, reasons for the outcomes of applications and the number of approvals to conduct a sterilisation procedure.
Where this does not already occur, the data should be collected and provided to AGAC annually by:
- the Federal Circuit and Family Court of Australia
- state and territory superior courts
- state and territory guardianship and administration bodies.
The data should be de-identified, as appropriate. It should be disaggregated, to the greatest extent possible, by:
- disability status
- types of impairment
- age
- gender
- First Nations people
- culturally and linguistically diverse people
- people who identify as LGBTIQA+.
d) A review of legislation enacted or amended according to paragraph a. of this recommendation should be conducted every five years, in light of the data published according to paragraph c. This review should aim to strengthen protections for people with disability and avoid consequences which hamper reproductive autonomy.
Joint Government response July 2024
The Australian Government and state and territory governments are committed to protecting the human rights of people with disability and will work to strengthen protections in relation to non-therapeutic procedures resulting in permanent sterilisation of people with disability.
The need to protect the privacy of individuals is relevant in considering approaches to expanding data collection and reporting.
The Commonwealth, NSW, NT, QLD, SA, TAS and VIC governments will further consider issues raised by this recommendation noting differences between jurisdictions’ legislative frameworks and current reform processes underway in some jurisdictions.
More recommendations
View progress on other recommendations made by the Royal Commission.