Royal Commission: First Nations People with a Disability
‘I have often felt that I represent the three demographic groups in Australian society that are treated worst. I am First Nations, I am a woman and I have a disability. I have felt the impact and burden of all three of these things that are part of who I am.’
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has been out for a few weeks now. The document presents 222 recommendations throughout 1.5 million words.
It shows us the issues and injustices Australian disabled people are facing. It’s essential for us to know what issues were addressed so we can ensure over the coming years, as recommendations slowly morph into policy, that we are progressing towards a more equitable Australia.
As we have been working our way through the document, we decided to boil down key information and recommendations from the chapters relevant to what we do. These blogs will be helpful for us to refer back to, as well as other providers and people who care in the disability space.
The following information is from the Ninth Volume: First Nations people with disability, or read it from page 141 in the Full Report as a PDF, Word document with Easy Reads available.
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability - First Nations People with a Disability
The Royal Commission acknowledged an important aspect to understanding First Nation’s people’s interaction with disability services, that Aboriginal and Torres Straight Islander people’s understanding of disability doesn’t align with Western concepts of disability.
In Aboriginal communities, people with disability were generally not excluded or stigmatised, naturally holding an inclusive approach. There are no words identified across the many Indigenous languages that directly translate to the English word for disability. This is indicative of the cultural conceptualisation of disability as a communal issue, rather than an individual problem.
Aboriginal and Torres Strait Islander people focus on individual strengths and differences rather than deficits, which may be difficult for individuals applying for the NDIS, asking them to do just that.
The Kimberley Stolen Generation Aboriginal Corporation explained in a submission:
‘If someone is born with a physical disability or may have a mental health issue, the community usually treats this person no differently than they would treat others but understands that they may need extra help from time to time.’
The reluctance of some First Nations people with disability to identify with disability is also a product of stigma and shame about disability resulting from colonisation, trauma and discriminatory treatment. This creates formidable barriers to accessing disability supports and services, along with a lack of culturally safe disability services and supports across every system they encounter.
Key areas of concern addressed by recommendations in Volume 9:
The gross overrepresentation of First Nations children in care
Overrepresentation and experiences of First Nation’s people in the criminal justice system
A lack of cultural safety and training within the NDIS ecosystem
Gross overrepresentation in child protection and need for culturally safe assessment
The Commission considered the experiences of First Nations people with disability and their families in contact with child protection systems, including out-of-home care. Several submissions expressed concern that disability is considered a risk factor for child removal, and drew links between child later contact with the justice system, experiences of family and domestic violence, and poor health and education outcomes. Submissions in private and community engagement sessions disclosed experiences of violence, abuse, neglect and exploitation within child protection systems in Australia.
National 2022 data shows 2019–20 shows that 6 per cent of Australian children are First Nations but they account for 41 per cent of children in out-of-home care.
Recommendations:
Acknowledging parenting capacity assessments formulated from Western concepts of parenting are not culturally appropriate. A need for culturally safe assessment and diagnosis recognising the cultural strengths of these parents, their families and communities.
Access to appropriate screening in out-of-home care. Currently, First Nations children are currently in out-of-home care without a disability diagnosis.
Early intervention to reduce contact with child protection systems, with First Nations Community Controlled Organisations should be involved at all stages of child protection systems.
Clear, co-designed principles and guidelines by First Nations child protection services, peak bodies and First Nations people with disability.
Overrepresentation, racist, ableist attitudes in criminal justice
This Chapter began by noting the inquiry is providing an opportunity to rectify the poor documentation of First Nation people’s experience in the Australian justice system. Consultations with First Nations people with a disability raised concerns over interactions with police and justice personnel, racist and ableist attitudes, violence, physical and chemical restraints as well as conditions in adult prisons and youth detention.
The Commission states they identified a ‘hidden national crisis of the high proportion of First Nations people with cognitive disability in custody, particularly youth detention.’
The Commission was told repeatedly by First Nations people that culture as healing is undeniable for First Nations people who have encountered/encountering the justice system, it improves outcomes during and after, eases transitions and reduces contact with the system.
The Commission says it is a critical need for First Nations people to receive cultural support in a justice setting. They outlined the importance of staff in prison, detention centres and forensic units trained to work with First Nations people with complex needs.
Recommendation
State and territory governments review the effectiveness of strategies directed to ensuring the cultural safety of First Nations people with disability in this setting.
The NDIS’s unmet potential for Aboriginal and Torres Strait Islander People
Complicated registration process
The Commission identified the complex NDIS registration process, administration costs and overheads as significant hurdles inhibiting the creation of First Nations service providers. The NDIS Pricing Arrangements and Price Limits often does not compensate for these high costs.
The complexity of the NDIS creates cultural, language and literacy barriers for potential First Nations participants to access to the scheme and disability support in remote communities:
‘We heard that much of the information distributed was culturally inappropriate and incomprehensible.’
Cultural Safety
Several witnesses said cultural expertise and safety must go beyond a standard training course and be fostered throughout all levels of the NDIA. They found local NDIA staff enhance cultural safety, reduce barriers by breaking down language and cultural differences, and are better able to provide practical assistance.
Access to interpreters is essential to help participants understand the NDIS and make decisions about their plans, ensuring cultural safety for First Nations participants.
The Commission highlighted “an inherent tension” between the preference of a holistic, family-centred approach to service delivery and the more transactional NDIS model, focusing on individual plans and goals:
‘We heard the cultural competence and safety of mainstream NDIS providers is very minimal and the limited availability of culturally safe NDIS services compounds the issue of thin markets.’
NDIS Thin markets
The Commission notes NDIS participants in remote areas do not have consistent access to quality and culturally safe disability services and supports. Subjecting First Nations people with disability to systemic neglect by the NDIS.
As a result, they are more reliant on family members and First Nations Community Controlled Organisations to provide disability services. Where this is not possible, they are required to move off Country, many submissions noted having to move off Country to receive services has a significant impact on their wellbeing and that of their families.
The NDIA has developed three interventions to address market challenges: market facilitation, coordinated funding proposals and direct commissioning. An evaluation concluded there is limited evidence of their effectiveness in addressing the significant barriers to accessing and utilising the NDIS in remote communities.
The mixed outcome reinforces the need for locally based solutions and a reduced reliance on market-based models in regions where this is ineffective or impractical.
The Commission also heard there is a significant shortage of suitably skilled First Nations workers and locally based employees, especially in remote areas. Building a local workforce is needed to increase availability of culturally safe disability services and reduce the need for participants to move off Country to access services.
Ultimately, a ground-up approach requires long-term investment and a flexible approach to funding in remote communities, which potentially includes a shift from relying on market-based models in regions where this is ineffective or impractical.
If you want to know more about NDIS thin markets in regional and remote Australia, check out our blog posts on the topic; NDIS Services in Rural and Remote Australia and What Can Be Done to Improve Thin NDIS Markets?
Recommendations
NDIA to create a new line item in the Pricing Arrangements recognising cultural supports and return to Country trips.
NDIA to improve the availability of culturally appropriate assessments in partnership with First Nations disability and health organisations
Consider modifying NDIS eligibility criteria where First Nations people have difficulties accessing culturally safe and appropriate assessments or lack sufficient documentation
Simplifying educational material, as well as improving the cultural competency of NDIA staff. Increasing access to interpreters, which would help address many of these barriers
NDIS to increase the number and coverage of community connector programs, led and delivered by community
Block-funding the community controlled sector may be key to achieving sustainable improvements to the NDIS and enabling First Nations communities to develop solutions for themselves, government funded service providers directly, to support individualised funding
Investing in a First Nations disability workforce key to addressing current service gaps, building disability specific expertise into existing community controlled organisations
Establishment of a First Nations disability forum to combat the void of First Nations disability voices in areas of policy making. As a community led organisation, it would drive policy and service reforms, ensuring culturally safe and appropriate responses
They also recommended that there should always be a First Nations person on the NDIA board.
To achieve transformative change for First Nations people with disability’s experience with child services, justice system, NDIS and other disability services must be based on genuine engagement with people and their culture.
‘It should not be a box ticking exercise. Cultural safety must not be just about undertaking one-off training, but a commitment to fundamental shifts within organisational cultures and mindsets.’
Ruby Wheeler