Issues Paper Overview of responses to the experience of First Nations People with Disability in Australia Issues paper
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Issues Paper Overview of responses to the experience of First Nations People with Disability in Australia Issues paper August 2021 Overview of responses to the First Nations Issues Paper 1
The issues paper asked ten questions,
although respondents were not limited
Please be aware that the to answering those questions.
content in this Overview may
be distressing or raise issues
of concern for some readers. Purpose of this document
There are a range of services This document provides a brief summary
available if you require support of what we were told in responses to the
after reading this paper. Contact issues paper. The responses expressed
details for these services are a range of views.
located at the end of this paper
under the heading ‘Counselling The purpose of the overview is to outline
and support’. what we have heard through responses,
however it is not an authoritative statement
on the contents of those responses. This
overview does not state the position of the
Royal Commission on any issue.
Scope of this document
Outline
This document does not summarise what
we have been told so far in submissions,
The First Nations community forums, private sessions or
evidence at public hearings.
Issues Paper
All information provided to the Royal
The Royal Commission into Violence, Commission, including responses to issues
Abuse, Neglect and Exploitation of People papers, informs our work. That work will
with Disability published the First Nations include further consideration of issues
issues paper (issues paper) on 9 June 2020. related to First Nations people with disability.
The issues paper sought information on
challenges faced by First Nations people Who responded?
with disability throughout their life course,
particularly in relation to experiences of As at 30 May 2021 we had received 23
violence, abuse, neglect and exploitation responses to the First Nations issues paper.
across settings such as the National
Disability Insurance Scheme (NDIS), justice, Responses were received from First
health, education and out-of-home care. Nations organisations and peak bodies
2 Overview of responses to the First Nations Issues Paperas well as a number of advocacy, legal significant barriers to First Nations people
and non-governmental organisations. accessing disability services; workforce
We also heard from two independent capacity, accessibility of information and
statutory office holders and received service coverage in rural and remote areas
responses from two First Nations people, were key issues.
one of whom is a person with disability.
The Royal Commission will continue to Responses also shared areas of potential
engage directly with First Nations people ‘good practice’ and made recommendations
with disability through private sessions, for change, many of which spoke of the
community engagements and submissions. importance of First Nations people and
communities being involved in service
delivery and design.
What did the Disability within First
responses say? Nations communities
The responses to our issues paper Responses discussed the higher prevalence
highlighted a number of common themes of disability among First Nations people.
and challenges experienced by First In their response, the National Aboriginal
Nations people with disability. We were told Community Controlled Health Organisation
about First Nations communities’ unique (NACCHO) told us that First Nations people
understandings of disability, as well as the are more likely than other Australians to
increased prevalence of disability among have a disability, citing the Aboriginal and
First Nations people. Torres Strait Islander Health Performance
Framework 2017 report, which found that
A number of organisations discussed the 9% of First Nations people have a ‘severe
overrepresentation of First Nations people condition’ compared with 4% of non-First
with disability in criminal justice and out-of- Nations people in Australia. Similarly:
home care settings, as well as barriers to
accessing culturally appropriate services • Carers NSW said that First Nations
within the National Disability Insurance people are more likely than other
Scheme (NDIS) and health settings. Australians to be provided with paid
Prisons were raised as a particular setting care, which they linked to a ‘greater
where First Nations people with disability prevalence of disability and chronic
are subject to violence, abuse, neglect and health conditions’.
exploitation. Organisations also described
the poor outcomes associated with First • Vision Australia reported that First
Nations children with disability interacting Nations people experience blindness
with the out-of-home care system. and vision loss at three times the rate
We heard about a number of specific, of other Australians.
Overview of responses to the First Nations Issues Paper 3• Synapse, Australia’s Brain Injury Child Care Agency (VACCA), noted that
Organisation, said that First Nations there is often no word for ‘disability’ in First
people experience disproportionate Nations languages. We were told that these
rates of head and brain injury. differences in language and understanding
of ‘disability’ can create barriers to First
• Queensland Aboriginal and Torres Nations people with disability accessing and
Strait Islander Child Protection Peak receiving support through services such as
Limited (QATSICPP) reported that First the NDIS, Centrelink and other agencies.
Nations children are twice as likely to
experience disability compared with
non-First Nations children. Impacts of disadvantage
Almost half of the responses to the issues and trauma
paper spoke of the differences in how
First Nations communities view disability Responses to the issues paper identified
compared with how government structures the challenges faced by First Nations
and systems such as the NDIS of disability. people with disability as a result of
We heard that First Nations communities colonisation and the ongoing impact
take a ‘strengths-based’ approach to of racism, trauma and discrimination.
disability. For example, NACCHO told us:
We heard that the experiences of First
Aboriginal and Torres Strait Islander Nations people with disability are also
people focus on the strengths and shaped by poverty and socioeconomic
differences of an individual, not on the disadvantage. VACCA told us that First
“deficits”. This can be a struggle for Nations children in care are more likely
Aboriginal and Torres Strait Islander to have complex needs, in addition to
people who are applying for NDIS disability, linked to trauma, mental health
funding because applicants are asked and alcohol or drug misuse. They also
to articulate their deficits. noted that First Nations people who provide
care for First Nations children with disability
Kimberley Stolen Generation Aboriginal receive less physical, emotional and financial
Corporation (KSGAC) expressed the issue support compared to other groups.
as follows:
A number of responses spoke of the impact
If someone is born with physical of trauma on the lives of First Nations
disability or may have a mental health people. Women’s Legal Service NSW told
issue, the community usually treats this us that many First Nations women live with
person no differently than they would trauma as a result of forced child removals,
treat others but understands that they experiences of violence, abuse, neglect
may need extra help from time to time. and exploitation, as well as feeling betrayed
and let down by police, child protection and
Many responses, including from Vision other systems. All of these factors we were
Australia and the Victorian Aboriginal told, impacts on the ability of First Nations
4 Overview of responses to the First Nations Issues Paperpeople with disability to seek support Access to justice
and place trust in government authorities.
Women’s Legal Service New South Wales
We also heard about First Nations told us about the barriers to accessing
peoples’ fatigue of inquiries and the justice faced by First Nations women with
failure of governments to enact the disability. Their response noted that some
recommendations of Royal Commissions First Nations women they have engaged
to enable real change or improve their with have tried to report incidents of sexual
lives in any meaningful way. The United abuse and domestic and family violence to
Aboriginal and Islander Christian Congress police, however when they did so they were
(UAICC) told the Royal Commission that disbelieved, ignored or no action was taken.
‘successive governments have failed to act
on the recommendations from numerous QATSICPP said that sustained cuts to
reports, inquiries and royal commissions’, funding of Aboriginal and Torres Strait
and maintained that the ‘continuous loop Islander Legal Services over the past 10
of inquiry … must stop.’ Health Justice years has created significant gaps in the
Australia referred to the Royal Commission sector, meaning that First Nations people
into the Detention and Protection of with disability struggle to find culturally
Children in the Northern Territory (2016) appropriate legal representation. Both
and said that these processes have QATSICPP and the NT Office of the
‘promised solutions but not delivered on Public Guardian (NT OPG) highlighted the
them.’ KSGAC also explained that the level importance of interpreters for First Nations
of trauma experienced by First Nations people with disability, who may not speak
people with disability, particularly those English or for whom it is not their first
such as members of the Stolen Generation language, when accessing the criminal
means that ‘they are now tired … they have justice system.
already told their stories many times over
but they remain in the same situation they
were in many years ago, sometimes even
Overrepresentation
worse off.’
The overrepresentation of First Nations
people with disability in the criminal
Justice justice system and in prisons was
raised in multiple responses to our
issues paper. VACCA told us about the
Responses identified common themes in
overrepresentation of both First Nations
the experiences of First Nations people
children and children with psychosocial and
with disability within the criminal justice
intellectual disabilities in the criminal justice
system, including barriers to access to
system. They said that in their experience,
justice, experiences of violence and abuse
a large proportion of young people in justice
while incarcerated and a lack of access to
settings have disabilities, whether diagnosed
services and supports in prisons. We were
or undiagnosed.
also told about the impact of unfit to plead
laws on First Nations people with disability.
Overview of responses to the First Nations Issues Paper 5In their response, VACCHO quoted a friction with other prisoners and staff
Victorian Committee for Aboriginal Aged and subsequent punitive measures.’
Care and Disability member who reflected
that overrepresentation of First Nations The NT OPG discussed the ‘inability
people with disability in the criminal justice of the justice system to meet the needs
system is a result of institutional racism: of people with disability’ as a form of
‘For example, the Aboriginal person who is violence, abuse, neglect and exploitation
perceived to be substance affected when that disproportionately affects First Nations
they actually have an acquired brain injury’. people. The NT OPG gave examples
of this, including inadequate screening
Experiences in prison of First Nations prisoners for cognitive
disability, barriers to making complaints
The need to screen for disability – and insufficient use of interpreters,
particularly cognitive disability – among communication aids and cultural brokers
First Nations people with disability entering to engage with First Nations people with
prison was a common theme in responses. disability and the use of restrictive practices.
Synapse stated that: They told us that First Nations people with
disability in the criminal justice system are
A lack of culturally appropriate at ‘greater risk of being subject to restrictive
assessment methods, and poor practices or abuse by other prisoners in
understandings of brain injury and response to behaviour that is attributable
cognitive impairment within the criminal to their unmet need and removal from
justice system, means appropriate country, culture and support networks.’ In
responses and supports for this addition, they said that the prison system
group are lacking, resulting in higher was unable to meet the personalised health
incarceration rates, and increased risk needs of First Nations people with disability,
of recidivism. particularly the provision of support around
toileting and hygiene.
Within the prison system, we heard about
First Nations people with disabilities’ Fitness to plead
experiences of violence, abuse, neglect
and exploitation and the lack of access A number of responses discussed the impact
to adequate supports and adjustments to of fitness to plead laws on First Nations
meet their needs. The UAICC told us that people with disability. The NT OPG stated
First Nations people in prison settings were that First Nations people with disability
likely to be viewed as troublemakers and who are found unfit to plead or not guilty
sent to isolation ‘for behavioural reasons’ by reason of ‘mental impairment’ can be
which often stemmed from an undiagnosed subject to longer periods of detention or
disability. Similarly, Synapse said ‘When indefinite detention due to difficulties securing
other prisoners are unaware of a prisoner’s appropriate housing and support to meet
brain injury, their behaviour may be viewed their needs. VACCA and VACCHO similarly
as malicious. This leads to increased commented on this issue in their responses.
6 Overview of responses to the First Nations Issues PaperGuardianship orders Overrepresentation of First
Nations children with disability
Responses raised concerns about the
number of First Nations people with disability Many responses discussed the
being subject to guardianship orders. overrepresentation of First Nations children
with disability in out-of-home care. VACCA
The NT OPG told us that despite making noted that while it is widely accepted that
up just 30 per cent of the overall population children with disability are overrepresented
of the Northern Territory, First Nations in out-of-home care, there is no clear
Territorians make up 57 per cent of picture about the proportion who are First
those under guardianship orders. The Nations children. VACCA said that the
NT OPG expressed concern both at this available data that does exist seems to
overrepresentation of First Nations people underreport the number of First Nations
with disability under guardianship orders children with disability in out-of-home care,
and the comparative underrepresentation raising questions about how disability is
of First Nations people acting as guardians. identified by child protection services.
They stated that they are undertaking a Similarly, QATSICPP told us that there is
project to ensure that First Nations people ‘virtually no systematic collection of data’
are empowered to act as private guardians on the number of First Nations children with
and that guardianship systems are disability in out of home care and noted the
culturally safe and inclusive. UAICC stated challenges of designing support services
that guardians and administrators/trustees without adequate data.
appointed by tribunals often have limited
cultural awareness and understanding of In relation to parents with disability, VACCHO
the experiences of First Nations people noted that while there is an overrepresentation
with disability. of First Nations parents with disability
who have interacted with the out-of-home
care system, there is no evidence to suggest
Out of home care that parents with disability disproportionately
neglect their children.
Respondents told us about the lack
of support for First Nations parents
with disability and for First Nations
Lack of support for
parents of children with disability, the First Nations families
overrepresentation of First Nations children
generally in out-of-home care and the poor We heard from a number of organisations
outcomes associated with interactions who said that the lack of support for First
with the out-of-home care system for Nations families contributes to the high
First Nations children. number of children with disability and children
of parents with disability in out-of-home care.
Overview of responses to the First Nations Issues Paper 7VACCA told us that when First Nations communities. If cognitive impairment
parents or carers of children with disability were identified in parents and children,
do not have access to physical, financial adequate treatment and services could
and emotional support, ‘they can feel as be implemented to support the family
though they are not capable of meeting the and develop appropriate parenting
needs of their child’, which can in some skills, negating the need to place
cases lead to children being placed in out- children in out-of-home care.
of-home care. Similarly, QATSICPP said
that: ‘Some families are so overwhelmed by Poor outcomes
their distress in looking after their children
with a disability and the failure to access We heard about the poor outcomes
appropriate services that they are forced to associated with First Nations children’s
relinquish their children into state care as experiences in out-of-home care.
they can no longer cope.’
QATSICPP described a pattern where
We heard about the financial difficulties children with intellectual or cognitive
faced by First Nations families of children disability who have not received an early
with disability. QATSICPP and VACCA diagnosis and thus do not receive any
noted in their responses that the pre- support, and are disengaged or expelled
existing socioeconomic disadvantages from school. This often results in drug
experienced by many First Nations families or alcohol misuse, mental health issues,
are often exacerbated when parents and followed by entry into out-of-home care
carers are required to take on unpaid as a result of behavioural responses
caring responsibilities for a child or family associated with their disability. Once in out-
member with disability. of-home care, the lack of support for their
disability can result in escalation of behaviour,
VACCHO also told us that First Nations resulting in periods of detention. Health Justice
parents with disability are not provided with Australia noted a similar issue, where First
adequate support to remain independent or Nations children with complex challenges
live as a family unit. Responses attributed related to disability become caught up in the
a lack of adequate screening for or child protection system, before graduating to
recognition of disability as a contributing juvenile justice system and ultimately ending
factor to the lack of support currently up in the adult criminal justice system, instead
provided to First Nations families. For of getting the support they need.
example, Synapse told us:
VACCA expressed concern about the
When children are removed from their rates of incarceration for First Nations
home due to neglect, it is based on young people with disability who have had
an assumption that the inadequate involvement with the child protection system.
care was due to immutable factors. VACCA reported that as many as one in
However, as highlighted, there are high three First Nations children sentenced to a
rates of undiagnosed brain injury and/ custodial order have had experience either
or cognitive impairment in First Nations with child protection or in residential care.
8 Overview of responses to the First Nations Issues PaperNational Disability ground or non-existent in remote and very
remote communities’. Similarly, National
Insurance Scheme Disability Services (NDS) told us that the
limited number of services in rural and
The National Disability Insurance Scheme remote areas presents barriers to ‘choice
(NDIS) was referred to by more than half and control’ for people with disability:
of respondents to our issues paper. A lack
of culturally appropriate services, complex … the choice in some communities
application processes, inadequate funding is often not between two service
for remote service delivery and an overall providers, but between a service or
lack of cultural capability were some of the no service at all … In many remote
concerns raised in relation to the NDIS. areas, a single service provider may
NACCHO told us: be responsible for a range of different
services and supports: meals-on-
‘The needs, situation and culture wheels; night patrol; aged care
of Aboriginal and Torres Strait services; after school program;
Islander people were not taken into and disability support services.
consideration when developing the
NDIS, creating a system that creates A number of respondents attributed this lack
accessibility and service gaps at best of services in rural and remote Australia
and exploitation at worst for Aboriginal to the ‘marketisation’ of disability services
and Torres Strait Islander people.’ under the NDIS. NDS told us that the
market-based approach of the NDIS does
In their response, VACCA said that carers not work for populations like First Nations
and parents of First Nations children with people with disability living in remote and
disability find the NDIS difficult to navigate, very remote locations, who are faced with
including how to apply for NDIS funding, what is euphemistically referred to as a
obtain a disability assessment and seek ‘thin market’. Thin markets are described
support and guidance, which leads to lack as ‘geographic areas or markets where the
of engagement with the NDIS as a whole. service user base is too thin to incentivise
VACCHO also spoke of the need for First provision of services and/or competition’.
Nations people to be provided with clear and NDS said that ‘purely relying on the market
simple information to enable them to make to accommodate for these diverse peoples
informed choices about disability services. and communities would be naïve’.
Another key issue affecting First Nations We also heard about the NDIS failing to
people with disability was the availability of provide funding for culturally appropriate
services in regional and remote areas, with supports for First Nations people with
the Northern Territory Disability Advocacy disability. For example, VACCA told us
Collective reporting that 44% of NDIS plans that prior to the NDIS, they were funded
are underutilised in remote and very remote to conduct a ‘Return to Country’ for clients
locations in the Northern Territory. The NT who had been removed from their families
OPG told us that ‘services are thin on the and communities. However this service
Overview of responses to the First Nations Issues Paper 9is not funded under the NDIS. They said The NT OPG described a number of
that while Return to Country trips are situations whereby First Nations people
recognised by child protection agencies with disability were subjected to violence,
as an ‘integral part of the cultural needs abuse, neglect or exploitation in health
of Aboriginal children and their right to settings. These included being more likely
culture’, this is not the case for the NDIS to experience restrictive practices, longer
or disability sector. In another example, hospital admissions due to difficulties
VACCHO told us about a First Nations securing appropriate housing and support,
man with disability who was thriving under barriers accessing health care in regional
a service which included cultural practices areas due to financial costs, the need to
such as trips to Country and allowing him travel long distances to access health care
to access art supplies. This is no longer and communication barriers. They argued
available to him under the NDIS, and that hospitals and acute care settings are
VACCHO described how the man has ‘ill equipped’ to meet the needs of First
since deteriorated without the access to Nations people with disability, who are
his culture and country that had kept him overrepresented in hospital admissions.
strong. VACCHO told us that an NDIS
Local Area Coordinators’ skills and cultural
understanding, or lack thereof, can impact Barriers to
whether or not First Nations people with
disability are able to access culturally
accessing services
appropriate services.
Most responses to the First Nations issues
paper spoke of the barriers to accessing
Health system services and supports experienced by
First Nations people with disability.
We were told about a lack of culturally
We heard from respondents to our issues
appropriate services, gaps in workforce
paper about the experiences of First
capacity, accessibility issues and specific
Nations people with disability within the
challenges in rural and remote areas.
health system.
Uniting Care told us that within their Culturally appropriate services
networks, substandard health care is a
common issue for First Nations people with A recurring theme discussed in responses
disability, which has been exacerbated by to our issues paper was limited access to
the COVID 19 pandemic. They explained culturally appropriate services and supports
that First Nations people ordinarily have for First Nations people with disability,
to fight extremely hard in order to access including a very limited First Nations
medical treatment they need, even when disability workforce. We were frequently
the need is urgent. They gave an example told that there are not enough First Nations-
of a First Nations woman with Stage 5 renal specific services. VACCA told us that a lack
failure who sought, but was denied, access of cultural competency in service providers
to a doctor on four occasions. She was can create barriers, such as a lack of trust,
later hospitalised with pneumonia. among First Nations clients.
10 Overview of responses to the First Nations Issues PaperKSGAC told us that any service provider First Nations staff would ensure that there
wanting to deliver services to First Nations was a culturally appropriate workforce
people must have cultural training relevant available to First Nations people with
to the area they are providing services disability across Australia.
in, to help them understand the best way
of supporting clients: ‘This could mean The NT OPG and the MJD Foundation
learning about several different ways (MJDF) both highlighted the difficulties in
of working across the Kimberley given maintaining a skilled disability workforce
that there are many different Indigenous in the Northern Territory, an issue
groups, most of whom all have different exacerbated by the high cost of living.
ways of working culturally’.
Accessibility
Also stressing the importance of cultural
competence, the Aboriginal and Torres Strait Many responses referred to the
Islander Disability Network of Queensland accessibility of services and supports for
spoke of NDIS rollout activities in First First Nations people with disability, pointing
Nations communities where staff had not to language barriers and an overreliance
understood or followed local protocols, on written and electronic communication
which resulted in barriers to developing as particular issues encountered by First
relationships in these communities. Nations people with disability attempting
to access support.
Workforce capacity
We heard that First Nations people
We heard about the need for a trained with disability may not understand the
disability workforce capable of providing language used by disability sector and
culturally safe services to First Nations that information provided to them about
people with disability. services and supports is often too complex.
Baptist Care SA told us that some First
NDS noted that some First Nations people Nations people they engaged with are
with disability would prefer to receive support unaware of the NDIS and services
from a First Nations person, which they said available to them as the language used
will require efforts to increase the number of by the sector is unfamiliar to them. KGSAC
First Nations people working in the sector. told us that online information, printed
They told us that of 263 organisations they brochures and telephone resources do not
surveyed in 2019, just over one third (98) work as a means of sharing information in
collected data about the First Nations status the Kimberley, as many First Nations clients
of their staff and among those, just 4.2% of with disability do not have access to phones
their employees identified as First Nations. or computers and English may not be their
NACCHO told us that taking steps to invest first, or even second, language.
in building a sustainable workforce of trained
Overview of responses to the First Nations Issues Paper 11Vision Australia told us that First Nations
people who are blind or have low vision Potential
may struggle to learn what support
is available to them due to a lack of good practice
appropriate assistive technology to help
them access information. A recurrent theme in examples of good
practice identified by respondents to
Rural and remote areas our issues paper was First Nations
communities leading initiatives aimed at
We heard about the barriers for First providing services and information to First
Nations people with disability accessing Nations people with disability. This was
services in rural and remote areas. often through co-locating services and
supports within Aboriginal Community
KSGAC told the Royal Commission Controlled Organisations.
that members of their community might
be reluctant to seek support for their A number of organisations referred to
disability if this requires them to relocate to Remote Community Connectors and Local
another area. Similarly, UAICC noted the Co-ordinators. VACCHO, NACCHO and
particular barriers for First Nations renal Vision Australia all cited examples of these
disease patients, who are often required positions being co-located within Aboriginal
to leave Country to receive treatment. Medical Services and/or other Aboriginal
They said that they are required to find Community Controlled Organisations and
accommodation for extended periods of told us that such initiatives enable First
time in order to receive dialysis, as well as Nations people with disability to access the
having to leave families, land and culture. NDIS in regional and remote areas and
obtain the clinical and other assessments
The MJDF told us that people living with that may be required at the same time.
disability in remote Northern Territory
communities could not access the range of VACCHO pointed to the success of
services they needed because they did not Aboriginal Community Controlled
exist at the community level. They also said Organisations in designing and delivering
that underspending of funding in remote COVID-19 messaging as evidence of the
communities occurs due to a lack of service effectiveness of First Nations organisations
providers, poor understanding about how to designing and delivering their own
find and use services as well as insufficient messaging to their communities.
transport or difficulty in getting providers to
remote locations. The MJDF described its ‘two-way’ approach
to service delivery as putting client, family
12 Overview of responses to the First Nations Issues Paperand community needs at the centre of people with disability to live free from
its working culture, whilst ensuring that violence, abuse, neglect and exploitation.
non-indigenous staff are partnered with We heard repeatedly from First Nations
local First Nations staff. The Aboriginal and other peak bodies, service providers,
community workers reflect family support advocacy organisations and individuals
needs, facilitate and attend the client’s that self-determination must be the first
home, clinic and other visits with non- principle for engagement, design and
Aboriginal staff. They also act as Australian delivery of disability services and supports
language interpreters at medical, allied for First Nations people with disability.
health and other health appointments, Responses identified self-determination,
educate and mentor non-Aboriginal staff early intervention, improved funding and
about relevant elements of kinship and data collection, awareness raising and
culture and interpret and translate MJDF information sharing and culturally safe
resources into first languages. They told service delivery as key areas for change.
us that this approach builds capacity and
ensures the delivery of culturally safe and Self-determination
respectful services.
The responses recommended that:
We heard from Health Justice Australia
about partnership models such as the • First Nations people with disability
LawRight Wuchopperen health justice should lead and be involved in all
partnership in Cairns, which locates a planning, design and implementation
First Nations-focussed legal service within of the delivery of services and support
an Aboriginal Controlled Community so that the services and supports are
Health Organisation. They said that in an culturally appropriate and meet the
evaluation of this service, clients spoke of: needs of their specific community.
‘the importance of having a First Nations
lawyer to talk with, being able to access • Local Decision Making – government
legal help in an Aboriginal community service delivery should be transferred to
controlled organisation and having their First Nations people and organisations, to
cultural needs met.’ enable community control over services.
• Community-controlled data collection
efforts should be implemented to
Proposals improve data about First Nations
people with disability.
for change • Co-design and community consultation
with First Nations people are needed
The First Nations issues paper asked to develop programs and services for
respondents to identify what changes are First Nations people with disability.
needed to better support First Nations
Overview of responses to the First Nations Issues Paper 13• The NDIA should resource a First order to help identify, diagnose and
Nations Advisory Group, including First adequately support those with disability
Nations disability and health providers entering the justice system
and First Nations people with disability
to guide implementation of their • Increased availability to culturally
Reconciliation Action Plan and embed appropriate disability assessments for
cultural safety in NDIS operations. First Nations children with disability to
enhance early intervention and support.
Information sharing
and awareness-raising Culturally safe service delivery
Responses identified the need for:
Responses suggested that the NDIA should:
• Implementation of an evaluation
• Provide information about services,
framework for disability services that
supports and the NDIS in First Nations
evaluates services’ ability to ensure
languages and formats, taking into
cultural safety for First Nations people
consideration the oral traditions of First
with disability
Nations cultures and reliance on the
passing on of information by word of • Increased support for First Nations
mouth from a trusted source. community controlled organisations
through sustainable funding
• Enlist Aboriginal Community
arrangements and the development
Controlled Organisations to formulate
of a First Nations community controlled
communications about services tailored
disability service sector.
to First Nations people.
• Targeted activities that are aimed
• Ensure that lists of active registered
at increasing the proportion of First
NDIS service providers are accurate
Nations people employed within the
and up to date to maximise uptake
disability services sector.
by First Nations people with disability
• Local Area Co-ordinators that are
• Partner with Aboriginal Community
based within an Aboriginal Community
Controlled Organisations to develop
Controlled Organisation for a number
communications targeted at providing
of days each week alongside general
local communities with information
practitioners and disability workers.
about how to navigate NDIS systems.
• Training to improve an understanding
Early intervention among service providers and systems
(including out of home care, criminal
Responses emphasised the need for: justice, health) of brain injury and Fetal
Alcohol Syndrome Disorder within First
• Screening for disability upon entry into Nations communities.
adult and youth detention facilities in
14 Overview of responses to the First Nations Issues Paper• The development of cultural competent • Funding for ‘cultural brokers’ to help
mainstream services through cultural safety inform individualised planning.
training specific to the disability sector.
• Funding to be provided to Aboriginal
Community Controlled Organisations
to become NDIS providers and to
How will we use
employ First Nations disability support
coordinators.
the information
• The development of a culturally safe
we received?
community visitor service to give an
independent voice to First Nations All information provided to us, including all
people receiving disability services. responses to issues papers, is carefully
considered by the Royal Commission.
Funding It informs our ongoing work, including
public hearings, policy processes and our
Responses called for changes to, research agenda. It will also inform our
and additional funding of disability Final Report and help us to develop our
services, including: recommendations.
• Flexibility in NDIS plans to allow
funding of supports that will strengthen
connections to family, community Counselling
and culture, such as trips to Country
and First Nations healing initiatives, and support
supports currently not recognised under
NDIS arrangements.
Blue Knot Foundation offers specialist
• Block funding to overcome the counselling support and a referral service
‘thin markets’ barriers to culturally for anyone affected by the Disability Royal
competent service provision in Commission. Specialist counselling and
regional and remote communities. support is also available from a number of First
Nations organisations for First Nations people.
• Incentives for service providers to
operate in rural and remote areas. For support please call their national hotline
on 1800 421 468 (it is open 9 am–6 pm
• Increased funding for advocacy support AEST Monday–Friday, 9 am–5 pm AEST
in remote and very remote locations. Saturday, Sunday and public holidays).
• Increased funding for interpreters.
Overview of responses to the First Nations Issues Paper 15In addition to the Blue Knot Foundation,
the Australian Government provides
support to assist people to engage with the
Royal Commission. This support includes:
• free legal advisory services provided
by National Legal Aid and the National
Aboriginal and Torres Strait Islander
Legal Services through the Your Story
Disability Legal Service
• advocacy support services provided
under the National Disability Advocacy
Program.
Further information about these supports,
including how to access them, is available
on our website: disability.royalcommission.
gov.au/counselling-and-support
16 Overview of responses to the First Nations Issues Paper18 Overview of responses to the First Nations Issues Paper
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