Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697639699152.pdf (Australia)
Submission to the House Standing Committee on Social Policy and Legal Affairs: Inquiry into family, domestic and sexual violence AUGUST 2020 Submission to the House Standing Committee on Social 1 Policy and Legal Affairs: Inquiry into family, domestic and sexual violenceSubmission 191 About PWDA People with Disability Australia (PWDA) is a leading disability rights, advocacy and representative organisation of and for all people with disability.
We are the only national, cross-disability organisation - we represent the interests of people with all kinds of disability.

We are a non-profit, non-government organisation.

PWDA’s primary membership is made up of people with disability and organisations primarily constituted by people with disability.

PWDA also has a large associate membership of other individuals and organisations committed to the disability rights movement.
We have a vision of a socially just, accessible and inclusive community, in which the human rights, belonging, contribution, potential and diversity of all people with disability are recognised, respected and celebrated with pride.

PWDA was founded in 1981, the International Year of Disabled Persons, to provide people with disability with a voice of our own.
PWDA is a NSW and national peak organisation and founding member of Disabled People’s Organisations Australia (DPO Australia) along with Women With Disabilities Australia, First Peoples Disability Network Australia, and National Ethnic Disability Alliance.

Disabled Peoples Organisations (DPOs) are organisations that are led by, and constituted of, people with disability.
The key purpose of DPO Australia is to promote, protect and advance the human rights and freedoms of people with disability in Australia by working collaboratively on areas of shared interests, purposes, strategic priorities and opportunities.

We wish to acknowledge and support our DPOA colleagues, Women with Disabilities Australia (WWDA), and their extensive expertise in the area of violence against women and girls with disability.
We fully support WWDA’s submission to this inquiry, and make reference to it in this submission.

As a NSW peak organisation for people with disability, PWDA is also a member of the NSW Women’s Alliance.

We have contributed to and endorse the NSW Women’s Alliance submission to this inquiry.
Postal address: PO Box 666 Strawberry Hills NSW 2012 Street address: Level 8 418a Elizabeth Street Surry Hills NSW 2010 Phone: 02 9370 3100 Fax: 02 9318 1372 Toll Free: 1800 422 015 NRS: 1800 555 677 TTY: 02 9318 2138 TTY Toll Free: 1800 422 016 TIS: 13 14 50 Email: pwd@pwd.org.au ACN: 621 720 143 Inquiry into family, domestic and sexual violence 2 Inquiry into family, domestic and sexual violenceSubmission 191 Contents About PWDA Introduction Our expertise About this submission Framing perceptions of disability and violence A comprehensive and properly resourced plan is needed Recommendations Legislative reform Policy reform Ensuring access to justice Strengthening capacity building and resourcing Bibliography 2 4 4 4 6 9 11 11 12 12 14 15 Inquiry into family, domestic and sexual violence 3 Inquiry into family, domestic and sexual violenceSubmission 191 Introduction Our expertise PWDA has extensive expertise in the area of violence, including domestic violence, against children and adults with disability1.
As a national peak representative body for people with disability, we have provided policy advice to numerous inquiries related to violence, including violence against children with disability.
Examples include : • The Senate Inquiry into Domestic Violence • The Senate Inquiry into Violence, Abuse and Neglect of People with Disability • The Third Action Plan for the National Framework for Protecting Australia’s Children • An Investigation of the Impacts on Family and Domestic Violence on People with Disability in Queensland • A co-designed Peer Education: Healthy and Respectful relationships Course, funded by the NSW Governments Domestic and Family Violence Innovation Fund • Building Access Project, a longitudinal project on building capacity in the NSW domestic violence sector to better respond to women and girls experiencing domestic and family violence funded by the NSW Government’s Domestic and Family Violence Innovation fund • Member of the NSW Women’s Alliance • Member of the Advisory Committee for 1800 Respect; Pathways for Women with Disability.
About this submission This submission will address the following key points of concern: legislation, policy, access to justice, capacity building and resourcing, specifically in regard to women and girls with disability who are experiencing or who have experienced domestic and family violence.
PWDA wishes to note that as an organisation, we have already provided extensive evidence and recommendations regarding the successive National Plans to Reduce Violence Against Women and their Children; and that we submitted detailed recommendations in regards to violence, including domestic and family violence and people with disability to the 2015 Senate Inquiry into Violence, Abuse and Neglect Against People with Disability in Institutional and Residential Settings, which subsequently led to 1 For example: Stop the Violence Project; Women with Disability and Domestic and Family Violence: A Guide to Policy and Practice; Disability Support for the Royal Commission into Institutional Responses to Child Sexual Abuse; Women with Intellectual Disability and Domestic Violence Project; National Disability Abuse and Neglect Hotline; and Rights Denied: Towards a National Policy Agenda about Abuse, Neglect and Exploitation of Persons with Cognitive Impairment Inquiry into family, domestic and sexual violence 4 Inquiry into family, domestic and sexual violenceSubmission 191 the current Royal Commission into Violence, Abuse, Neglect and Exploitation of people with Disability.
We encourage the committee to review this submission and the Senate Committee’s report, as well as make recommendations to the Disability Royal Commission to fully and comprehensively investigate violence, abuse, neglect and exploitation against women and girls with disability, including the recent tragic death of Ms Ann Marie Smith.

PWDA wishes to thank the committee for the opportunity to make this submission.

We have outlined our key concerns as per the terms of reference, in the recommendations below.
PWDA fully supports Women with Disabilities Australia’s submission to this inquiry, and we make reference to it in this submission.

We have also contributed to and endorse the NSW Women’s Alliance submission to this inquiry.

Inquiry into family, domestic and sexual violence 5 Inquiry into family, domestic and sexual violenceSubmission 191 Framing perceptions of disability and violence Disability is often poorly understood in the wider community, and the intersection with violence even more so.
Almost 60% of the population believes that women with disability experience less, rather than more, violence than other women.

Similarly, 58% believe that women with disability are not less likely to be believed when reporting violence than other women, despite research demonstrating otherwise2.

Further, the intersections between violence and disability – both that disability can be an effect of violence, that people with disability experience higher levels of violence – are not well recognised.
The social model of disability is now enshrined in international human rights law to which Australia is a party.

The social model rejects the understanding of disability as medicalised deficit and focuses instead on disability as arising in the interaction between an impaired body and a disabling society3.

One of the simplest examples of this is the physical environment – if the world were designed without stairs, a person in a wheelchair would not be disabled from accessing the community.
People with disability, in this understanding, are not disabled by their bodies, but are disabled by the society – and its social, attitudinal, environmental and communication barriers – in which they live4.

However, despite a general move towards the social model of disability, the medical model of disability persists in policies, practices and legislation at the state level, nationally and internationally5.
The medical model also remains prevalent when considering public perceptions and understandings of disability, especially those that perceive disability to be a burden or a tragedy6.

2 VicHealth.

2013.
2 VicHealth.

2013.

Australian’s Attitudes to Violence Against Women: 2013 National Community Attitudes towards Violence Against Women Survey – Research Summary, found at: https://www.vichealth.vic.gov.au/~/media/ProgramsandProjects/DiscriminationandViolence/PreventingViolen ce/NCAS%20Summary%20Final.pdf?la=en 3 Oliver, M. & Barnes, C. 2012.

The New Politics of Disablement, Palgrave, London.

p48.

Healey, L. et al.


2008. p41; National Cross-Disability Disabled People’s Organisations submission to Senate Inquiry into Domestic Violence.

p41.

4 Healey, L. 2013.

Voices Against Violence: Paper 2: Current Issues in Understanding and Responding to Violence Against Women with Disabilities.

Women with Disabilities Victoria, Office of the Public Advocate and Domestic Violence Resource Centre Victoria.

p15 (hereinafter Healey, L.

2013.).

5 Frawley, P., Dyson, S., Robinson, S. and Dixon, J.

2015.
2015.

'What does it take?

Developing informed and effective tertiary responses to violence and abuse of women and girls with disabilities in Australia: State of knowledge paper', Australia's National Research Organisation for Women's Safety.

Issue 3. p8 (hereinafter Frawley et al, 2015.).

6 Women with Disabilities Australia, First Peoples Disability Network, People with Disability Australia, Children with Disability Australia and National Ethnic Disability Alliance.

2014.
2014.

Senate Standing Committee on Finance and Public Administration 'Inquiry into Domestic Violence in Australia': Joint Submission from Inquiry into family, domestic and sexual violence 6 Inquiry into family, domestic and sexual violenceSubmission 191 Public perceptions, stereotypes and myths about disability exclude and marginalise people with disability from those without; indeed, some academics have referred to disability as a ‘social apartheid’7.
These stereotypes and perceptions are not only a barrier to an inclusive society, but are also instrumental in enabling the devaluing of, and violence towards, people with disability8.

Stereotypical views about people with disability can leave them feeling powerless and invisible9.

The social model has a particular relationship with prevailing understandings of violence.
Much of the literature about violence against people with disability characterises this group as especially ‘vulnerable’ to violence, understanding a person’s impairment as increasing their risk of violence.

Exacerbating factors for people with disability, and their risk of experiencing violence, arise from barriers within the community, not from the impairment itself.
People with disability are in fact rendered vulnerable by the failures of the systems intended to respond to and protect them from violence.

Factors that increase this vulnerability to violence may include limited social connections, multiple service providers, limited choice and control afforded to an individual and limited community oversight10.

“Gatekeeping” has also emerged as a barrier to access to justice for people with disability.
Gatekeeping is a form of coercive control over another person’s choices, actions and experiences, this is includes reporting incidences of family and domestic violence.
A gatekeeper could be an intimate partner, a carer, a support worker or family member or, in some cases a service provider.11 This vulnerability to violence is particularly increased in contexts that devalue people with disability12, and is exacerbated for some, especially Aboriginal and Torres Strait Islander people with disability, people with disability from diverse cultural and linguistic backgrounds, lesbian, gay, bisexual, trans, intersex and queer people with disability, and women with disability.
National Cross-Disability Disabled People's Organisations (DPOs), p41 (hereinafter National Cross-Disability Disabled People’s Organisations submission to Senate Inquiry into Domestic Violence).

7 Healey, L. 2013. p43; Goggin, G. and Newell, C. 2005.

Disability in Australia: Exposing a Social Apartheid.

UNSW Press.

8 Healey, L., Howe, K., Humphreys, C., Jennings, C. and Julian, F. 2008.
Building the Evidence: A report on the status of policy and practice in responding to violence against women with disabilities in Victoria, Available: http://www.wdv.org.au/documents/BTE%20Final%20Report.pdf, p41 (hereinafter Healey et al.

2008.

); MIMs and Associates Brisbane.

1998.

Domestic Violence and Women with Disability Project, Final Report to Department of Families, Youth and Community Care Queensland, p16 (hereinafter MIMs and Associates.

1998.

); Salthouse, S. and Frohmader, C. 2004.


Double the Odds – Domestic Violence and Women with Disabilities, presented to the ‘Home Truths’ Conference, Sheraton Towers, Southgate, Melbourne, 15 -17 September 2004.

Available: http://wwda.org.au/issues/viol/viol2001/odds/; Woodlock, D., Healey, L., Howe, K., McGuire, M., Geddes, V. and Granek, S. 2014.

Voices Against Violence Paper One: Summary Report and Recommendations.
Women with Disabilities Victoria, Office of the Public Advocate and Domestic Violence Resource Centre Victoria p16 (hereinafter Voices Against Violence: Summary Report).

9 Healey, L. et al.

2008. p41; National Cross-Disability Disabled People’s Organisations submission to Senate Inquiry into Domestic Violence.

p41.

10 Children with Disability Australia, 2012.

Enabling and Protecting: Proactive approaches to addressing the abuse and neglect of children and young people with disability.
p12 (hereinafter Enabling and Protecting) 11 Gatekeeping, accessed at https://www.lexico.com/definition/gatekeeping 12 Healey, L. et al.

2008. p36.

Inquiry into family, domestic and sexual violence 7 Inquiry into family, domestic and sexual violenceSubmission 191 The social model underpins this submission and thus provides an important corrective to existing ways of understanding and responding to domestic and family violence as it intersects with people with disability.
It shapes our submission’s recommendations, which propose a holistic, cross-sectoral response to address both the wider structural barriers and systemic failures relating to domestic and family violence against people with disability13.

13 Enabling and Protecting, p12; Healey, L. et al.

2008. p36, See also Women with Disabilities Australia’s submission to this inquiry and the limitations of definitions of what constitutes violence against women and girls with disability, p8.
Inquiry into family, domestic and sexual violence 8 Inquiry into family, domestic and sexual violenceSubmission 191 A comprehensive and properly resourced plan is needed PWDA wishes to outline the following recommendations, which we view as of particular concern to not only this inquiry, but also to the upcoming 4th National Plan to Reduce Violence Against Women and their Children.
We note that the following recommendations have been drawn from previous submissions and final reports from multiple inquiries.

In putting forward these recommendations, we also express deep concern that these recommendations for changes in legislation, policy arrangements, training of workforce and development of programs specifically to support women with disability have yet to be resourced and implemented.
We note that our nation now has a Royal Commission into violence, abuse, neglect and exploitation of people with disability.14 The high rates of violence in all its forms against women and girls with disability, including domestic and family violence, has triggered this Royal Commission.

We encourage the Committee to consider directing specific concerns raised through its inquiry for further investigation to the Disability Royal Commission.
Much of the violence that people with disability experience occurs in the spaces where they should be safe, whether it be private dwellings, public housing, group homes or boarding houses.

Furthermore, as we have previously noted, people with disability experiencing violence in these settings do not necessarily distinguish the form of violence enacted upon them, based on the nature of the relationship between themselves and the perpetrator.
People with disability have identified that violence could happen to them and be perpetrated by, a partner, family member, carer, support worker or a neighbour.

The recommendations throughout this submission have been developed by PWDA as a disabled person’s organisation, primarily in response to the voices of people with disability, and our extensive work in the area of violence prevention.
They are also informed and supported by the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the implementation of which reflects the movement towards the full inclusion of people with disability in the community and being able to access and receive high- quality supports and services to enable us to realise this goal.
14 https://disability.royalcommission.gov.au Inquiry into family, domestic and sexual violence 9 Inquiry into family, domestic and sexual violenceSubmission 191 There is little doubt that violence, including the domestic and family violence impacts people with disability to a significant, if often obscured, degree.

To ensure that people with disability have access to the same protections, services and supports as the rest of the community, substantial change across the service system is required.
Police, domestic and family violence services, the court system and government and non-government agencies must develop disability-informed strategies for responding to domestic and family violence against people with disability.

As noted above, the recommendations in this submission have been developed primarily in response to the voices of people with disability with whom we have consulted with over a vast period of time, and to the UNCRPD to which Australia is signatory.
These specific recommendations, have been long standing entreaties, and have appeared in previous submissions to both State, Territory and Federal Governments.
Additionally, we urge that the 4th National Plan to Reduce Violence Against Women and their Children includes direct and central reference to women with disability as a priority population, and ensure that all legislation, policies and programs include consultation to support specific consideration of the impacts on, and needs of, this cohort and the violence that they experience.
Inquiry into family, domestic and sexual violence 10 Inquiry into family, domestic and sexual violenceSubmission 191 Recommendations Legislative reform 1.

That all State and Territory Governments amend their respective Domestic and Family Violence Acts to ensure the full inclusion of people with disability, by including, that perpetrators may include paid and unpaid support workers and co- residents as this violence occurs in the domestic/home setting.

2.
That all State and Territory Governments amend their respective Criminal Codes to introduce a criminal offence regarding failures to report violence against people with disability to police, or behaviour that jeopardises a police investigation of such a crime, similar to s. 327 of the Victorian Crimes Act 1958, which would: a. apply to all government and non-government service providers b. apply to staff of Civil and Administrative Tribunals, all staff of the Office of the Public Guardian, and all staff of the Office of the Public Advocate or Ombudsman, as the case may be c. address any actions taken to jeopardise police investigations (such as service providers undertaking internal investigations before reporting).
The offence would apply except where a victim/survivor with disability, provided with adequate independent decision-making support where appropriate, requests that the information not be provided to police.

The burden of proof regarding the provision of decision-making support should rest with the person claiming the protection of the exception.

3.
3.

That all State and Territory Governments amend their respective Evidence Acts in line with the recommendations of the Australian Law Reform Commission; that is: a) to provide that a person is not ‘competent to give evidence about a fact’ if the person cannot be supported to: (i) understand a question about the fact, or (ii) give an answer that can be understood to a question about the fact.
and b) to provide that a person who is ‘competent to give evidence about a fact’ is not competent to give sworn evidence if the person cannot understand that he or she is under an obligation to give truthful evidence, and cannot be supported to understand.
Inquiry into family, domestic and sexual violence 11 Inquiry into family, domestic and sexual violenceSubmission 191 See also Women with Disabilities Australia’s submission – Limitations to the legislative context to respond to violence against women and girls with disability, p12.

; Responding to the challenges within legislative environments, p21.

Policy reform 4.
Policy reform 4.

That all State and Territory Governments fund and implement a Registered Intermediary Scheme in line with that in existence in England, Wales and Northern Ireland, to resource police and courts to communicate with people with disability and gain their best possible evidence.

5.
That all State and Territory Governments create a Disability and Violence Crisis Response Initiative, in line with the Victorian Disability and Domestic Violence Crisis Response to provide immediate needs funding for disability supports (of whatever kind) for people with disability (including children) escaping domestic and family violence; and that all application processes are as accessible as possible, and that domestic and family violence services are trained in supporting people with disability to make such applications.
6.

That all State and Territory Governments support, through the National Cabinet, the establishment of a national, independent, statutory protection watchdog that has broad functions and powers to protect, investigate and enforce findings related to situations of violence, abuse and neglect of people with disability.

This is in accordance with the recommendation from the Senate Inquiry into Violence, Abuse and Neglect Against People with Disability in Institutional and Residential Settings(2015).
Such an agency should, at a minimum: • be required to work in collaboration with existing state and territory oversight mechanisms; • cover all disability workers, organisations and people with disability, without being restricted to NDIS participants or disability service providers, as is the case with the NDIS Quality and Safeguards Commission; include a mandatory incident reporting scheme; and include a national worker registration scheme with pre-employment screening and an excluded worker register.
• • See also, Women with Disabilities Australia’s submission – Policy Siloing, p19.

Ensuring access to justice 7.

That all State and Territory Governments implement a Disability Justice Strategy in line with the recommendations of the Australian Human Right Commission including: • the full inclusion of people with disability, including children, as partners in the development, implementation and monitoring of policies, programs and legislation under the Disability Justice Strategy.
Inquiry into family, domestic and sexual violence 12 Inquiry into family, domestic and sexual violenceSubmission 191 • • • the development and implementation of a program to fund all communication supports a person with disability may require (including interpreters for Aboriginal and Torres Strait Islanders and persons from culturally and linguistically diverse backgrounds).
the funding and implementation of an on-going program of education and training for all Police and court personnel, including judges and magistrates, across all jurisdictions.

To improve responses and attitudes of staff, addresses the impact of intersectional experiences of disability, gender and violence, and emphasises the rights of people with disability to make their own decision, with support as necessary, as per Article 12 of the UNCRPD – Equal recognition before the law.
the updating of referral pathways for all State and Territory Police to include relevant disability specialist services, disability advocacy organisations, communication support specialists and disability support services, to assist victims and perpetrators, and aid meaningful diversion programs.
• Commonwealth, State and Territory governments commit to the funding and implementation of an ongoing program of education and training to facilitate people with disability in their use of the criminal justice system and the service system.
• State and Territory governments support the creation of assessment protocols that assist police, courts and correctional institutions in identifying people with disability in order to determine the need for Independent Communication Support Workers, Witness Intermediaries, and Disability Advocates or other support people, and the adjustment of procedures to ensure effective access to justice.
• • • the adjustment of the physical environment of courts, including the availability of quiet rooms for people with disability to wait, meet, or spend break times while in court, as per Article 9 of the UNCRPD – Accessibility.

the amendment of relevant legislation to ensure that failure to provide necessary accommodations to a person with disability can create legitimate mitigating circumstance that a court should consider, or which could be the basis of appeal.
the creation of data collection frameworks across State and Territory Police and courts that monitor and evaluate the participation rates by people with disability as victims of crime, witnesses, accused, defendants, offenders and jurors in all parts of the justice system.

8.

That the Commonwealth, State and Territory Governments increase funding, resourcing and support to disability advocacy services, especially in regional and remote areas.
See also, Women with Disabilities Australia’s submission – Policy Siloing, p19.

Inquiry into family, domestic and sexual violence 13 Inquiry into family, domestic and sexual violenceSubmission 191 Strengthening capacity building and resourcing 9.
That the 4th National Plan to Reduce Violence Against Women and their Children include reference to women with disability as a priority population, and ensure that all legislation, policies and programs include consultation to support specific consideration of the impacts on, and needs of, this cohort and the violence that they experience.

10.
That all Integrated Service Responses (ISR) developed or being developed across all States and Territories become fully inclusive of people with disability, by ensuring that: • each ISR has disability advocacy organisations as members • all members of ISRs are encouraged to become independently disability aware and accessible • each common assessment framework used by an ISR be amended to recognise the specific risk factors that impact on people with disability • each ISR maintain a list of relevant disability service providers to ensure that the support needs of any client with disability are quickly addressed.
11.

That State and Territory Governments fund prevention and/or ‘respectful relationships’ programs designed specifically for people with disability, including people with intellectual disability, and make these available without charge to all people with disability living.

12.
12.

That domestic violence pilot programs in NSW, such as the Peer Education, Healthy and Respectful Relationships Project and the Building Access Project, initially funded by WomenNSW as seed projects, receive ongoing state and national funding to further develop sector capacity and an intersectional response to violence prevention.

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