Submissions

To: Social Services and Community Committee
Date: December 2024

Purpose

The submission’s primary purpose is to support the Bill with amendments, particularly welcoming its provisions to improve protections for at-risk children and adults, such as removing strip searches of children in care, strengthening restrictions for those working with young children, and enforcing better record keeping by government agencies. However, DPA's crucial aim is to advocate for a specific amendment regarding the Bill's definition of "vulnerable adult," as they oppose the inherent classification of disabled adults as vulnerable.

Summary of DPA submission

DPA supports the Responding to Abuse in Care Legislation Amendment Bill, with the caveat of specific amendments. DPA welcomes the Bill's provisions designed to enhance the protection of at-risk children and adults. These include removing strip searches for children in care, strengthening restrictions for individuals working with young children, enforcing more robust record keeping by government agencies, and amending the Crimes Act to incorporate disability into the definition of a vulnerable adult. DPA views these changes as positive steps forward, which stem directly from the findings of the Royal Commission into Abuse in Care regarding the systemic abuse of disabled children and adults.

However, DPA strongly opposes the section of the Bill that seeks to define adult disabled people as "vulnerable adults". DPA argues that the concept of "vulnerability" is problematic because disabled people are not inherently vulnerable; rather, it is the lack of structural support and resourcing within society that creates circumstances where harm can occur. This stance aligns with the social model of disability, which emphasises that societal barriers, not individual impairments, are the root cause of disadvantage.

To rectify this, DPA recommends that the Bill be amended to delete the proposed section 2(1) defining disabled people as vulnerable adults. In its place, DPA proposes inserting a new section that defines "Adults at Risk". Under DPA's proposed definition, an "Adult at Risk" would be a person aged 18 years or over who has needs for care and/or support (whether receiving services or not), is experiencing or at risk of family violence, sexual violence, or any form of abuse, neglect, or harm, and is unable to protect themselves due to their needs and the lack of structural resources, supports, and services available to them. DPA insists that all components of this proposed definition must be applicable.

Despite this significant proposed amendment, DPA broadly supports the Bill, seeing it as a constructive step in the ongoing journey towards recognising and addressing the need for support and protection for children and adults in abusive situations. This aligns with DPA's foundational principles, which advocate for disabled people's rights as outlined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD), particularly Articles 15 and 16 concerning freedom from torture, cruel, inhuman or degrading treatment or punishment, and freedom from exploitation, violence, and abuse.

Key Recommendation/Finding:

DPA recommends that the Bill is amended by deleting proposed section 2(1) on defining disabled people as vulnerable adults and inserting a new section defining "Adults at Risk" instead.

Supporting Statement 1:

"Disabled people are not inherently vulnerable. It is the lack of structural support and resourcing that creates the circumstances where harm can occur."

Supporting Statement 2:

"We ask that the language of vulnerability be removed and, in its place, that the term Adult at Risk is used as it is not deficit based and is inclusive of all people, including disabled people, who may be unable to remove themselves from harm."