Responsibility: State and territory governments
Response:
ACT, NSW, VIC, NT: Accept in principle
QLD, SA, TAS, WA: Subject to further consideration
Australian Capital Territory
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The ACT Government has considered if existing service models in the ACT are relevant to this recommendation and at this time considers that there are no such service models, and therefore this recommendation is not applicable to the ACT.
ACT government response July 2024
It is anticipated this recommendation is not applicable to the ACT due to the supported accommodation options currently operating in the ACT. The ACT Government will continue to engage with the NDIS Commission to clarify if existing service models in the ACT are relevant to this recommendation.
New South Wales
Response: Accept in principle
Status: In progress
What has been achieved to date
NSW already meets many of the minimum standards and oversight requirements set out in this recommendation.
Work is underway to implement the recommendations from the statutory review of the Boarding Houses Act 2012. The incorporation of the specific elements of the recommendation is be considered as part of this process.
NSW government response July 2024
NSW Assisted Boarding Houses are registered with NSW Fair Trading and licenced by the Department of Communities and Justice as prescribed under the Boarding Houses Act 2012.
A statutory review of the Boarding Houses Act 2012 has been completed. The incorporation of the specific elements of the recommendation will be considered as part of the development/drafting of new legislation
Northern Territory
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Northern Territory is working collaboratively across agencies to improve oversight of supported residential settings for all people with disability.
Appropriate safeguards for people with disability living in supported residential settings will be considered as part of the Northern Territory’s future implementation of the broader disability support ecosystem safeguarding work that has recently commenced.
NT government response July 2024
While the Northern Territory does not currently have board and lodging-type supported accommodation, this recommendation is being considered in the context of the impact on operators, in addition to legislative, policy and services review. Services such as the NDIS are able to access and provide services to residents residing in caravan parks. Caravan parks are presently subject to compliance with accessibility laws as they apply in the Northern Territory.
Queensland
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Queensland Department of Housing and Public Works are considering a modern regulatory framework with particular focus on the service standards for Residential Services levels 1, 2 and 3.
QLD government response
The Queensland Government remains committed to implementing the recommendations of the Disability Royal Commission. The Queensland Government has updated its responses to a range of Disability Royal Commission recommendations to reflect contemporary Queensland Government policy and commitments.
2025 response
The Queensland Government will consider this recommendation further. The Queensland Government has committed to reviewing the Residential Services (Accreditation) Act 2002. The Queensland Government will also consider the implications of any recommendations arising from the Inquiry into the provision and regulation of supported accommodation in Queensland, undertaken by the Community Support and Services Committee and its report published on 7 June 2024.
South Australia
Response: Accept in principle
Status: In progress
What has been achieved to date
The South Australian Department of Human Services is currently undertaking supported residential facilities (SRF) reform and associated regulatory reform in the sector.
This has included consultation with key stakeholders including SRF Proprietors and residents, and other jurisdictions.
The outcomes of this consultation alongside the recommendations made by the Disability Royal Commission will inform any future reform to current legislative settings.
SA government response July 2024
The South Australian government is committed to ensuring people with disability have enhanced rights in supported accommodation. The Department of Human Services is currently undertaking supported residential facilities (SRF) reform and associated regulatory reform in the sector. The new legislative framework will incorporate the recommendations made by the Disability Royal Commission.
Tasmania
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Tasmanian Government remains committed to considering this recommendation further.
TAS government response July 2024
The Tasmanian Government needs to further consider what this recommendation means for Tasmania.
The Tasmanian Government recognises the need to improve the minimum standards and compliance for government-funded supported residential services (non-Specialist Disability Accommodation (SDA)) for people with disability. The Tasmanian Government needs to further consider - and consult with our government-funded supported residential services - what is needed to respond to this recommendation.
Victoria
Response: Accept in principle
Status: In progress
What has been achieved to date
The introduction, from July 2024, of the Victorian Social Services Regulatory Scheme instituted mandatory registration and aims to ensure minimum service standards apply to all social services in Victoria, and to supported residential services.
The new regulatory scheme establishes six social service standards, which focus on user safety, agency and dignity. The new framework provides the Victorian Social Services Regulator with a comprehensive suite of compliance and enforcement tools, enabling it to respond flexibly and proportionately to harms or risks that result from any breaches of relevant legislation including the Social Services Standards.
In addition to the Social Service Standards and other requirements under the Social Services Regulation Act 2021 (Vic), Supported Residential Services now also need to comply with the Social Services (Supported Residential Services) Regulations 2024. These Regulations have requirements in relation to support plans, medication management, minimum staffing, record keeping, fees, money and property of residents, notices to vacate, etc. There are offences associated with many of the requirements in the Regulations, as well as infringement penalties.
VIC government response July 2024
We accept this recommendation in principle.
In July 2024, Victoria introduced the social services regulatory scheme. This means there will be mandatory registration for all social services funded or provided by the Department of Families, Fairness and Housing, the Transport Accident Commission and WorkSafe in Victoria. It also means minimum service standards will apply to social services. This includes supported residential services.
The standards cover safe service delivery, safe service environment, safe workforce, service user agency and dignity, feedback and complaints, and accountable organisational governance.
We will be able to better monitor supported residential services. We will also have better regulatory powers and enforcement tools that encourage early intervention.
The tools will also allow the new and independent Social Services Regulator to respond in a way that is measured and proportionate. The regulator will use a risk-based approach. It will focus on areas where the likelihood and consequences of harm are greatest.
The scheme includes obligations to establish and adhere to resident support plans. It has processes to support service user feedback and complaints. It will also inform service users of their rights to raise service safety concerns and the right to see a community visitor, and to make a complaint to other bodies, including the disability services commissioner.
The scheme will include rules and offences specific to supported residential services. We are currently developing these.
Note that rooming houses and caravan parks are not within scope of the scheme.
Western Australia
Response: Accept in principle
Status: Further work required
What has been achieved to date
The WA Government will undertake further work to identify the footprint and regulatory mechanisms of comparable services operating in WA which may be in-scope.
WA government response July 2024
The WA Government accepts in principle this recommendation. Implementation is subject to consideration of duplication, inconsistency, or increased administrative burden, regarding the standards applicable to each service, and monitoring and oversight of these services, particularly where services are provided by registered NDIS providers.
What the Disability Royal Commission said in the final report
This recommendation applies to state and territory government entities responsible for regulating privately operated and government-funded board and lodging-type supported accommodation services – including supported residential services (SRS) (in Victoria), assisted boarding houses (in New South Wales), Level 3 residential centres (Queensland), and supported residential facilities (SRF) (in South Australia). The entities should develop and implement minimum service and accommodation standards, strengthen oversight mechanisms, and increase service-level monitoring activities and compliance action, as follows:
Minimum standards should require all SRS providers and their equivalents in other jurisdictions to –
- develop support plans for each resident, covering personal care, financial management, medication management, and the use of restrictive practices
- keep up-to-date records of how services are delivered in line with support plans, to allow regulatory bodies to more effectively monitor the quality of supports and services by regulatory bodies
- establish clear complaint management processes, including how complaints are reported to the central registration body, and a feedback loop for residents, their family and advocates
- guarantee access to independent advocacy services through advocacy organisations and community visitor schemes
- support residents to access independent advocacy services focused on identifying alternative, longer term accommodation options in recognition of the transitionary nature of these services.
Monitoring and oversight mechanisms for SRS and their equivalents in other jurisdictions should –
- require central registration for all SRS and equivalent services with the relevant state or territory department responsible for SRS standards
- require all SRS and their equivalents to undergo an initial audit when seeking registration, as well as ongoing audits (minimum yearly) for monitoring and compliance with all minimum standards. Audits should include direct engagement with people with disability residing in SRS and their equivalents, and should be undertaken centrally by the responsible state or territory department
- establish procedures to monitor services in response to complaints and incidents, including when and how the relevant state or territory department will undertake investigations
- establish compliance activities in response to audit results and investigations following complaints and incidents, including when registration will be impacted
- include the specific rights of community visitor programs to attend and report on standards within SRS and their equivalents
- be developed in consultation with other regulatory systems to identify and close regulatory gaps between schemes and settings including SRS, the National Disability Insurance Scheme, and in aged care and mental health services.
Regulatory entities should have adequate powers to enforce all standards. Up-to-date records of infringements, enforcement action and remedies should be maintained centrally. The regulatory entities should notify substantiated infringements by providers to other oversight bodies with responsibilities for those providers, including the NDIS Quality and Safeguards Commission.
States and territories should consider whether these recommendations should be implemented in relation to other forms of marginal accommodation for people with disability, including general boarding houses and caravan parks.
More recommendations
View progress on other recommendations made by the Royal Commission.