For many Victorians with disability, the right to choose where they live and who they live with is so constrained that they are left feeling unsafe and fearful in their own homes, according to a report tabled in the State’s Parliament earlier this month.
The Royal Commission held a public hearing in Melbourne from Monday 2 December to Friday 6 December 2019. It inquired into homes and living for people with disability in Victoria and particularly the experiences of people who have lived or are currently living in group homes. This report finds that the closure of large institutions housing people with disability, with the resulting development of group homes has not eliminated institutional forms of violence, abuse, neglect and exploitation experienced by people with disability, particularly those with serious intellectual disabilities.
In 2019, the NDIA adopted a Supported Decision Making Framework which details, among other things, strategies to strengthen decision making supports. In reality, the low expectations of the decision-making ability of people with disability which pre-dates the NDIS have perpetuated into the Scheme. Consequently, there has not been any consistency in the implementation of supported decision making processes nor any monitoring of the extent to which a substitute decision maker considers the person’s will and preferences. The allocation and use of nominees for substitute decision making is in direct contradiction to the commitment to supported decision making outlined in the NDIS Act.