Foreword The development of the Australian Government Plan to Improve Outcomes for Aboriginal and Torres Strait Islander People with Disability (the Plan) recognises the importance of supporting Aboriginal and Torres Strait Islander people with disability to achieve successful and fulfilling lives within the Australian community. The Plan outlines actions the Australian Government is and can take to provide sustainable mainstream and disability services, delivered within a cultural framework for Aboriginal and Torres Strait Islander people with disability, their families and carers. The Plan sits under the National Disability Strategy 2010–2020 (the Strategy) second implementation plan: Driving Action 2015–2018. The Strategy seeks to ensure that people with disability have full access to broader community services and facilities. The Plan offers an unprecedented opportunity for Australian Government agencies to commit to actions that will improve life outcomes for Aboriginal and Torres Strait Islander people with disability. Furthermore, this plan assists in addressing the Government’s targets for employment, education and health under Closing the Gap measures. There are also important linkages with the National Aboriginal and Torres Strait Islander Health Plan 2013-2023. This Plan represents a starting point that will help ensure positive and sustainable results in the future to be achieved by continued collaboration with Aboriginal and Torres Strait Islander communities. The Plan is linked to the National Disability Insurance Agency’s (NDIA) Rural and Remote Strategy and the Aboriginal and Torres Strait Islander Engagement Strategy to ensure that Aboriginal and Torres Strait Islander people with disability will benefit from the National Disability Insurance Scheme. Actions under the NDIA plans will enhance innovative cultural approaches to service delivery for Aboriginal and Torres Strait Islander people with disability whilst leveraging employment opportunities in remote communities. To improve outcomes for Aboriginal and Torres Strait Islander people with disability, their families and carers, we must build on existing services to ensure that the Australian Government is providing culturally responsive and sustainable disability support systems. To address the disadvantage faced by Aboriginal and Torres Strait Islander people, the Australian Government is committed to working on tangible outcomes and providing opportunities for people with disability and for Indigenous Australians. Collaboration and partnerships between Government and Aboriginal and Torres Strait Islander communities will be the key to the success of this plan. Minister for Social Services The Honourable Christian Porter MP Assistant Minister for Social Services and Disability Services The Honourable Jane Prentice MP Minister for Indigenous Affairs Senator the Honourable Nigel Scullion
Introduction Vision: The Australian Government’s vision is an environment that enables Aboriginal and Torres Strait Islander people with disability to achieve improved life outcomes and overall social, emotional and cultural wellbeing. The National Disability Strategy 2010–2020 (the Strategy) outlines a ten year national policy framework for improving the lives of Australians with disability, their families and carers. The Strategy’s first implementation plan, Laying the Groundwork set the foundation for influencing all areas of policy development and service delivery. The Strategy’s second implementation plan, Driving Action 2015–2018, seeks to build on the achievements of Laying the Groundwork 2011–2014. Driving Action 2015–2018 provides a framework for new policy action and for progressing ongoing commitments to improve outcomes for people with disability. Importantly, it identifies four additional areas of national cooperation: 1. National Disability Insurance Scheme (NDIS) transition to full scheme 2. improving employment outcomes for people with disability 3. improving outcomes for Aboriginal and Torres Strait Islander people with disability 4. communication activities to promote the intent of the strategy throughout the community. The development of the Australian Government Plan to Improve Outcomes for Aboriginal and Torres Strait Islander People with Disability (the Plan), confirms the Australian Government’s commitment to improving outcomes for Aboriginal and Torres Strait Islander people with disability to access culturally appropriate and sustainable supports and services. The Plan identifies potential solutions that communities, in partnership with the Australian Government, can drive for better access to culturally responsive and sustainable support and service systems. In addition to broader and sustainable reforms under the Strategy, the Plan is intended to build on current efforts being undertaken in Indigenous and disability policy reforms including actions aimed at closing the gap in Indigenous disadvantage and through the NDIS. Importantly, the Plan aligns with the United Nations ‘twin track approach’for achieving equal opportunities for people with disability: 1. Integrating disability sensitive measures into the design, implementation, monitoring and evaluation of all policies and programs. 2. Providing disability specific initiatives to support the empowerment of persons with disability. Engagement mechanisms—including an annual roundtable—will provide opportunities for Aboriginal and Torres Strait Islander people with disability, their families and carers to inform the monitoring, implementation and review of the Plan. 2014,
remote and metropolitan areas of Australia, Central Queensland University, Professor Denise Wood. Unfitness to Plead and Indefinite Detention of Persons with Cognitive Impairments: Addressing the legal barriers and creating appropriate alternative supports in the community, University of Melbourne Law School, Dr Anna Arstein Kerslake. These research projects are due to be completed by the end of 2017. Further information about each of the projects is in Appendix B. Local solutions to meet local needs Aboriginal and Torres Strait Islander communities are diverse with differing geographical, environmental, cultural, historical and spiritual needs. A one size fits all approach will not result in successful outcomes for Aboriginal and Torres Strait Islander people with disability and their communities. For this reason, flexible community-driven, place-based approaches to the development of policies, programs and supports for Aboriginal and Torres Strait Islander people with disability are required. Local solutions to meet local needs can be achieved through the development of innovative programs, designed in collaboration with local communities, to meet the differing needs of Aboriginal and Torres Strait Islander people with disability. The development of local solutions could include maximising economic opportunities in the local community, through building the capacity of the local workforce, and Aboriginal and Torres Strait Islander service providers, to provide the supports and services needed by the local community. Coordination in engagement with Aboriginal and Torres Strait Islander people with disability Engaging Aboriginal and Torres Strait Islander people with disability in the development of policies, programs and supports is essential to improving outcomes. Engagement is often undertaken in specific topic areas rather than through a coordinated approach which can lead to a feeling of over consultation. Effective engagement and relationship building takes time and may include early engagement with a community, engagement with community leaders, cultivation of champions and working collaboratively with mainstream and specialist services who operate and are trusted in the community, to share information and plan for the delivery of initiatives such as the NDIS. Better coordination, leveraging and linking across Commonwealth agencies, states and territories or local governments and partnering with community organisations is required to ensure that Aboriginal and Torres Strait Islander people are effectively and efficiently engaged in the development of the policies, programs and supports that affect them.
Cultural competency – The ability to identify and understand, and incorporate into policy development and service delivery, the different cultures of Aboriginal and Torres Strait Islander participants and communities. Sharing best practice – Approaches to capturing, sharing and incorporating best practices which are implemented the ‘proper way’. solutions – The mechanisms by which approaches are identified, developed and supported. Local solutions relate to participants, providers, employees and partnerships. Participant-centric design – The experience of Aboriginal and Torres Strait Islander participants, their carers and communities to inform the implementation of the NDIS. Market enablement – Supporting providers to provide the right services in the right locations in the ‘proper way’. Leveraging and linking – Identifying existing approaches, knowledge and infrastructure that can be leveraged to support the ‘proper way’. Cultural leadership – How the NDIA leaders and partners demonstrate the values and expected behaviours of the ‘proper way’ engagement. Supporting internal infrastructure – The infrastructure required within and across the NDIA to embed ‘proper way’ practices, such as organisational policies, procedures, systems and practice guidance. Tracking progress – How the NDIA will define and measure successes in engagement with Aboriginal and Torres Strait Islander participants and communities. * The strategies are living documents and provide a guiding approach rather than a template for implementation. As the NDIA continues to roll out the NDIS it will continue to listen and learn as it builds and delivers the NDIS. States and territories and government While this plan is focussed on actions to be taken by Australian Government agencies, the important role of state, territory and local governments in achieving outcomes for people with disability and Aboriginal and Torres Strait Islander people cannot be underestimated. All governments, through COAG, have made a commitment to both Closing the Gap and the National Disability Strategy 2010-2020 (the Strategy). The Australian Government is continuing to work collaboratively with state and territory governments and the Australian Local Government Association to progress outcomes under the Strategy. The Strategy’s second implementation plan, ‘Driving Action identifies employment and improving outcomes for Aboriginal and Torres Strait Islander people with disability as key areas of national focus. The increased focus will facilitate collaborative effort across all tiers of government whilst promoting opportunities for joint work, sharing of best practice and specific actions within each jurisdiction’s sphere of responsibility.
Appendix B: National Disability Research and Development Agenda – funded research projects Research Organisation Scope of the research Intended outcomes and new information Dr John Gilroy The University of Sydney $492,633 (Incl. GST) Enablers for Aboriginal Peoples with Disability in Central Australia to Live and Stay on Country Method: Culturally appropriate qualitative research This project aims to: Identify and examine the factors that inhibit and enable Ngaanyatjarra Pitjantjara Yankunytjatjara (NPY) peoples with disability of Central Australia to live and stay on their traditional Country. Identify and examine the factors that inhibit and enable Anangu and Yarnangu with disability in the Ngaanyatjarra Pitjantjara Yankunytjatjara (NPY) Lands to live a life they desire on or off Country. This project uses the Australian Bureau of Statistics definition of disability as “a limitation, restriction or impairment, which has lasted, or is likely to last, for at least six months and restricts everyday activities”. This definition underpins the Ngaanyatjarra Pitjantjara Yankunytjatjara Women’s Council (NPYWC) eligibility criteria to access disability supports. Contribute to the current national government policy and research priority for Aboriginal and Torres Strait Islander people with disability. Findings will be discussed with NPYWC Directors and at general meetings on the Lands. The knowledge translation plan will ensure that data and results are controlled by and disseminated to the NPY people, and other stakeholders, in the most appropriate format. A plain English illustrated report will be developed and used as a reference tool. Mr Scott Avery First Peoples Disability Network Australia $550,000 (Incl. GST) Community-driven Aboriginal and Torres Strait Islander disability research program (“Living Our Ways”). Method: Consultation narrative This is a community-driven approach to the development of a research agenda and standards where Aboriginal and Torres Strait Islander people with disability guide both the priorities and the manner in which the research is conducted. The primary outcome is a Peoples Disability Research Agenda for undertaking disability research by and for Aboriginal and Torres Strait Islander people. The research will describe a structural frame for conducting research with the First Peoples disability community, and identify priorities for further research as identified through the narrative evidence.
Research Organisation of the research Intended outcomes and new information Anna Arstein–Kerslake The University of Melbourne Law school $514,936 (Incl. GST) Unfitness to Plead and Indefinite Detention of Persons with Cognitive Impairments: Addressing the legal barriers and creating appropriate alternative supports in the community. Method: Supported decision–making model This project aims to: Analyse the social, legal and policy issues leading to unfitness to plead findings and indefinite detention in Australia, with a focus on the experiences of Indigenous people. Provide and evaluate supported for up to 60 individuals with cognitive impairments who have been charged with a crime and who may be subject to unfitness to plead processes. • Recommend options for the reform of unfitness to plead law and policy. This project will provide a form of advocacy that respects the rights, will and preference of people with cognitive impairments, including Indigenous people, in the criminal justice system. The expected outcomes are the: Analysis of the differences and similarities in unfitness to plead laws and policy across the Australian states and territories. Creation of good practice model(s) in supported decision–making in the criminal justice context that can be used in Australia and abroad. • Creation of recommendations for law and policy reform in compliance with human rights standards.
Outcome 2 – Rights protection, justice and legislation People with disability have their rights promoted, upheld and protected. Existing Effort Targeted Actions Measures of Success Individual and systemic disability advocacy is funded through the National Disability Advocacy Program (NDAP) and through the Disabled People’s Organisation Australia, including funding for the First Peoples Disability Network and the Indigenous Disability Advocacy Service is room to increase both the accessibility of non–Indigenous disability advocacy supports and the coverage of advocacy supports specific to the needs of Aboriginal and Torres Strait Islander people. (Lead – Department of Social Services) The reform of NDAP in 2016-17 will improve the current disability advocacy supports available to Aboriginal and Torres Strait Islander people. Data from the Department of Social Service’s Data Exchange (DEX) will indicate if Aboriginal and Torres Strait Islander people receive increased advocacy supports. The Department of Social Services’ Access and Equity Policy encourages their funded service providers to ensure that diversity is not a barrier for people engaging with their services. The Access and Equity Policy provides guidance to funded programs and services to ensure that they: are accessible by all eligible Australians are responsive to their needs deliver equitable outcomes. Under the Access and Equity Policy, service providers delivering services to identified cohorts must consider whether services, projects, activities or events require adaptation, or if additional assistance should be provided to ensure accessibility. For Aboriginal and Torres Strait Islander people this also includes understanding Aboriginal and Torres Strait Islander cultures and local issues that may be present, in addition to considerations for people with disability. The Access and Equity Policy caters for (but is not limited to) the following cohorts: Indigenous Australians people who are deaf or hard of hearing people who are blind or have low vision people with an intellectual impairment/disability people with mobility and access restrictions. (Lead – Department of Social Services) To guide service providers to consider inclusivity, the Access and Equity Policy provides a list of ‘considerations for service delivery’ against each identified cohort.
Existing Effort Targeted Actions Measures of Success The NDIS recognises that people with disability have the same rights as all Australians and is committed to ensuring that people with disability from Aboriginal and Torres Strait Islander communities have equity of access to the NDIS. The National Disability Insurance Agency (NDIA) is ensuring that its systems and processes, especially for access and planning under the NDIS, are appropriate for people with disability from Aboriginal and Torres Strait Islander communities. The NDIA is ensuring culturally inclusive physical environments that make Aboriginal and Torres Strait Islanders feel welcomed and connected and plans, materials and resources are visually appealing in a culturally inclusive way. The NDIA is ensuring cultural competency by identifying, understanding and incorporating into policy development and service delivery, the culture of different Aboriginal and Torres Strait Islander participants and communities. Demonstrated by all NDIA staff, NDIA partners (including LACs) and suppliers. Providers and contractors are encouraged to increase their cultural competency through the support of NDIA literature including the Aboriginal and Torres Strait Islander Engagement Strategy. Work is underway to: Ensure that NDIS access and planning processes (for example around proving identity and making access requests) are sensitive to the circumstances of people with disability from Aboriginal and Torres Strait Islander backgrounds. Develop a national and regional cultural competency training program for in-house and outsourced starts at induction—on how to do business in the ‘proper way’. (Lead – National Disability Insurance Agency) Systems and forms for NDIS access and planning are appropriate for Aboriginal and Torres Strait Islander communities (such as verbal access request processes and alternative evidence used as proof of identity). Develop a checklist for minimum standards for engaging with communities in the ‘proper way’ which is supported by a resource of key individuals, leaders, influencers and organisations for each community.
Outcome 4 – Personal and community support People with disability, their families and carers have access to a range of supports to assist them to live independently and actively engage in their communities. Existing Effort Targeted Actions Measures of Success Intensive Family Support Service (IFSS) providers are funded by DSS to deliver intensive support to parents and caregivers of children where child neglect is a concern in selected communities in the Northern Territory and Anangu Pitjantjatjara Yankunytjatjara (APY) Lands. Under the current DSS–funded Implementation Capacity Support Service (ICSS) model, available to all IFSS providers, additional workforce development and education needs are identified as part of the support planning process. As part of the regular support planning process IFSS providers, with the ICSS provider, will assess what training needs they have in relation to delivering effective services to clients, including people with disability. As most IFSS clients are Indigenous, this assessment will include an assessment of the specific needs relating to Indigenous children and parents with disability. If identified as a priority, IFSS providers will then be able to access appropriate training as part of the ICSS model. (Lead – Department of Social Services) IFSS providers have capacity to respond to Aboriginal and Torres Strait Islander families with people with disability, including engaging appropriate support services. The NDIS is designed to maximise social and economic participation of people with disability. In preparing for transition to the NDIS, the NDIA recognises the significant number of Aboriginal and Torres Strait Islander people with disability. There are opportunities and challenges that arise in engagement and delivery of the NDIS for Aboriginal and Torres Strait Islander people including those in rural and remote communities. Consultation has commenced with the states and territories to plan for the full implementation of the NDIS. The NDIA will work with and territory governments and service providers to inform Aboriginal and Torres Strait Islander people with disability about the NDIS, including through the Aboriginal and Torres Strait Islander Engagement Strategy. (Lead – National Disability Insurance Agency) Throughout 2016 and 2017, the NDIA has developed the: Rural and Remote Strategy and associated Implementation plan for Transition to Full Scheme Aboriginal and Torres Strait Islander Engagement Strategy and Engagement Action plan.
Outcome 5 – Learning and skills People with disability achieve their full potential through their participation in an inclusive high–quality education system that is responsive to their needs. People with disability have opportunities to continue learning throughout their lives. Existing Effort Targeted Actions Measures of Success The Australian Government put in place the Disability Standards for Education 2005 (the Standards) to ensure that students with disability can access and participate in education on the same basis as other students. This is inclusive of Aboriginal and Torres Strait Islander students with disability. The Standards explain the obligations of education and training providers. Under the Standards, all education providers are required to make reasonable adjustments to assist students with disability to participate in education on the same basis as other students. The Standards were reviewed in 2015 and Aboriginal and Torres Strait Islander representatives were consulted. The review findings indicated that further work is required to continue to awareness and understanding of the Standards. The Australian Government is committed to progressing national action to address the 2015 Review recommendations in partnership with state and territories as outlined in the Initial Australian Government Response (released in December 2015). (Lead – Department of Education and Training, Attorney Generals’ Department) 2020 Disability Standards for Education Review finds that awareness and understanding of the Standards has continued to improve.
Existing Effort Targeted Actions Measures of Success Under the National Partnership Agreement on Skills Reform, jurisdictions are required to contribute to the national target of 375,000 additional completed qualifications throughout the Agreement, from 2012–2017. The national partnership aims to enable all working age Australians to develop the skills and qualifications needed to participate effectively in the labour market. All states and territories have either a completion or commencement target for Aboriginal and Torres Strait Islander people. In addition, five of the seven states and territories have set commencement or completion targets for people with a disability. (Lead – Department of Education and Training) Increased completions/ commencements by Aboriginal and Torres Strait Islanders people. Increased completions/ commencements by people with disability. From 2015, the Australian Apprenticeship Support Network delivers Australian apprenticeship support services to all apprentices across Australia, including Indigenous students with disability. The Apprenticeship Network aims to increase Indigenous participation in Australian apprenticeships by: ensuring that opportunities to participate in apprenticeships are available ensuring that Indigenous Australians are aware of apprenticeship options available providing support to Indigenous Australians and their employers during the apprenticeship that is culturally appropriate and to assist in successful completion of the apprenticeship. The Apprenticeship Network has a specific role in supporting apprentices at risk of failure to complete their apprenticeship. Indigenous apprentices and apprentices with a disability will be supported by the Apprenticeship Network as part of their universal service obligations and, if deemed at–risk, will have access to targeted services including mentoring. (Lead – Department of Education and Training) Increased completion rates for all Australian Apprentices.
Existing Effort Targeted Actions Measures of Success The National Disability Coordination Officer (NDCO) program assists people with disability (aged 15–64), including Aboriginal and Torres Strait Islander people with disability, to transition from school to tertiary education and subsequent employment. This occurs by funding organisations, such as universities, TAFEs, employment service providers and non–government organisations, to employ a national network of full–time NDCOs who operate within 31 NDCO regions across Australia. will continue to work with stakeholders at the local level to reduce systemic barriers, facilitate smooth transitions, build links and coordinate services between the education, training and employment sectors. The program is currently evaluated. (Lead – Department of Education and Training ) Number of self–sustaining networks focusing on education, training and employment that are established or existing networks supported. stakeholders report improved knowledge of programs and services, increased collaboration and improved capability to facilitate successful transitions from school to tertiary education and subsequent employment for people with disability. The Creating Parity report, released in 2014, recommended that all governments prioritise investment in childhood to ensure children reach the developmental milestones necessary for succeeding at school. In 2015, the Australian Government announced the establishment of the Community Child Care Fund (CCCF) as part of the Child Care Assistance Package. The CCCF includes $10 million a year over two years to support the integration of child care, maternal and child health and family support services in a number of disadvantaged Indigenous communities. The CCCF integrated service delivery component commenced on 1 July 2016. The Australian Government has also committed $12 million from the Indigenous Australian’s Health Programme (IAHP) to support this activity. The aim of integrated service delivery is to ensure that Indigenous children in identified of high need achieve the learning and development outcomes necessary for a positive transition to school. As part of the implementation of the integrated service delivery response, options will be explored for providing greater access to specialist services and comprehensive case management for vulnerable children from 0–5 years of age and their families. This could include early diagnosis and intervention for Indigenous children with disability and/or developmental delay. (Lead – Department of Education and Training) Stronger linkages between schools, early childhood, maternal and child health and family support services in the selected locations. Improved participation by Indigenous children and families in these services. Improved quality of services. Integrated services: complement or enhance government and community initiatives identify and/or help to address early childhood service delivery gaps can be replicated efficiently and effectively in similar locations.
Existing Effort Targeted Actions Measures of Success Under the Australian Government’s FASD Action Plan, a FASD diagnostic tool will be finalised, and guidelines developed, to support diagnosis and early management of FASD, including appropriate referral pathways. Funding of best practice resources and more support for Drug and Alcohol services to directly engage with women at risk has also been provided. The Department of Health will continue to liaise with service providers and key stakeholders, and consult with the FASD Technical Network to reduce FASD in the Australian population in line with the activities under the FASD Action Plan. (Lead – Department of Health) Release of the national FASD Diagnostic Tool. Implementation of the FASD projects the National FASD Action Plan. Improved data collection on FASD. Through the Department of Health’s Hearing Services Program, funding is provided for research and development activities into hearing health, prevention and rehabilitation funded research and development activities are undertaken by the National Acoustic Laboratories (NAL) and various research institutions, through the Hearing Loss Prevention Program (HLPP). The Department of Health will promote the outcomes of research concerning Aboriginal and Torres Strait Islander people with hearing impairment or at risk of acquiring hearing impairment via the Office of Hearing Services website and the Hearing Education and Research Network (HEARnet) website. Individual research institutions also disseminate their research outcomes via the online publications of reports and further promote their research through presentations, launches, media events and publications. (Lead – Department of Health) Research specific key performance indicators for the Hearing Services Program are met. The Australian Government Response to Contributing Lives, Thriving Communities, Review of Mental Health Programs and Services, sets out a reform package that will transform Commonwealth mental health funding and programme delivery to achieve a more efficient, integrated and sustainable mental health system, to improve mental health services for all Australians. Primary Health Networks (PHNs) will conduct needs assessments to inform activity work plans and then purchase or commission mental health services at the local level to deliver those services. One of the six key objectives for PHNs in mental health is enhancing and better integrating Aboriginal and Torres Strait Islander mental health services. (Lead – Department of Health) Increased access to culturally appropriate and safe mental health services for Aboriginal and Torres Strait Islander people.
Existing Effort Targeted Actions Measures of Success The Department of Health commissions the Australian Institute of Health and Welfare (AIHW) to collect data on around 200 primary health care health services funded by the Australian Government and to release the Online Services Report (OSR) annually. The Department of Health will report data on Aboriginal and Torres Strait Islander people with a disability as part of the annual OSR and ask the AIHW to provide this data on a confidential basis to other departments for planning purposes. (Lead – Department of Health) Data on Aboriginal and Torres Strait Islander people with a disability reported annually in the OSR and provided on a to other departments. The Indigenous Advancement Strategy includes a number of health and wellbeing related initiatives that have some impact on Aboriginal and Torres Strait Islander people with disability: • Indigenous Sports participation activities facilitate participation of people with disability. • Alcohol and other drug treatment services and social and emotional wellbeing activities specifically for Aboriginal and Torres Strait Islander people. The Department of the Minister and Cabinet’s new Indigenous Advancement Strategy guidelines recommend that where possible and relevant, applications for funding should highlight how the needs of Indigenous Australians with disability will be addressed. (Lead – Department of the Minister and Cabinet) The Department of the Minister and Cabinet is working closely with providers to achieve outcomes, including working together to arrive at effective measures of success that are outcomes based and locally relevant.