Communities and Justice

Background

What guides the NSW DIP

All levels of government (Australian government, states/territories and local councils) have an important role to play in supporting people with disability and promoting inclusion. There are international agreements, laws and strategic plans that guide how this is done.  

International
  • United Nations Convention on the Rights of Persons with Disabilites
National
  • Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
  • National Disability Insurance Scheme
  • Australia’s Disability Strategy 2021-2031
  • National Autism Strategy 2025-2031
  • Disability Discrimination Act 1992
NSW
  • Disability Inclusion Act 2014
  • Ageing and Disability Commissioner Act 2019
  • Anti-Discrimination Act 1977
International convention

United Nations Convention on the Rights of Persons with Disabilities

The NSW Disability Inclusion Plan delivers on Australia’s commitment to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

The UNCRPD is an international human rights treaty agreed to by over 190 countries or states, including Australia. It aims to promote, protect and ensure the full and equal enjoyment of all human rights and freedoms by all people with disability.

The NSW DIP is a key approach the NSW government takes to deliver on its commitment to ensuring the human rights of people with disability are upheld and barriers to participation are removed or reduced. 

National reforms and strategies

During the timeframe of the previous NSW DIP (2021-2025), significant national reviews and reports were delivered, following extensive consultation with people with disability and the disability community.

These reviews presented significant opportunities to improve government services, increase the inclusivity of our communities and safeguard people with disability from abuse, neglect, violence and exploitation.

The NSW Government has been working closely with the Australian Government, and other states and territories, to progress national disability reforms and has considered the feedback from these reviews in the development of the NSW DIP.

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

The Disability Royal Commission (DRC) was established in April 2019 in response to community concern about widespread reports of violence against, and the neglect, abuse and exploitation of, people with disability. 

The DRC Final Report was delivered to the Australian Government in September 2023. It includes 222 recommendations to improve laws, policies, structures and practices to ensure a more inclusive and just society.

The NSW Government responded to these recommendations in July 2024. The NSW Government commits to actions to address violence, abuse, neglect and exploitation of people with disability, increase the availability of supports and improve the inclusivity of mainstream service systems.

National Disability Insurance Scheme Review

The National Disability Insurance Scheme (NDIS), delivered by the National Disability Insurance Agency (NDIA), provides funding directly to eligible people who were either born with or acquire a permanent and significant disability to pay for supports they need.  

In 2023, the NDIS was reviewed. The Review made 26 recommendations to improve the scheme’s design, operations and sustainability.

Australia's Disability Strategy 2021-2031

Australia’s Disability Strategy 2021–2031 (ADS) is Australia’s national disability policy framework.

In 2024, the ADS was updated in response to a Royal Commission recommendation. The ADS has seven Outcome Areas which closely align with the four focus areas of the NSW DIP:

  • Employment and Financial Security
  • Inclusive Homes and Communities
  • Safety, Rights and Justice
  • Personal and Community Support
  • Education and Learning
  • Health and Wellbeing
  • Community Attitudes.

The ADS is supported by Targeted Action Plans (TAPs), including the following three for 2025–2027:

TAPs apply an intensive focus over one to three years to achieve specific deliverables which improve outcomes for people with disability.

National Autism Strategy 2025-2031

The National Autism Strategy 2025–2031 provides a national approach to services and supports for Autistic people and their families. As the number of people diagnosed with autism continues to grow, the Strategy provides a framework for improving outcomes, specifically in relation to social and economic inclusion; diagnosis, services and supports; and health and mental health via the National Roadmap to Improve the Health and Mental Health of Autistic People.

The NSW Government is committed to supporting the implementation of the Strategy to reduce barriers to inclusion and ensure supports are available to Autistic people. Through the NSW DIP and DIAPs, actions will be delivered to reduce the gap in outcomes, across a range of life domains, between Autistic people and the rest of the population.

National Disability Data Asset

In addition to the national reforms and strategies outlined above, the National Disability Data Asset (NDDA) is being developed to better understand and meet the needs of people with disability. It will bring together a range of Commonwealth and state and territory datasets from disability, health, social security, education, employment, housing, transport and justice to better understand the experiences of people with disability and the programs and services they use.

By having more information about programs and services we are better able to support people with disability, their families, and carers. 

NSW legislation

Disability Inclusion Act 2014

The Disability Inclusion Act 2014 (the Act) commits the NSW Government ‘to creating a more inclusive community in which mainstream services and community facilities are accessible to people with disability to help them achieve their full potential’.

NSW Disability Inclusion Act 2014

People with disability have the right to:

  • be respected for their worth and dignity as individuals
  • participate in, and contribute to, social and economic life and should be supported to develop and enhance their skills and experience
  • realise their physical, social, sexual, reproductive, emotional and intellectual capacities
  • make decisions that affect their lives (including decisions involving risk) to the full extent of their capacity and to be supported in making those decisions, if they want or require support
  • be respected regarding their cultural or linguistic diversity, age, gender, sexual orientation and religious beliefs
  • privacy and confidentiality
  • live free from neglect, abuse and exploitation
  • access information in a way that is appropriate for their disability and cultural background and enables them to make informed choices
  • pursue complaints, like any other member of the community.

NSW Ageing and Disability Commissioner Act 2019

The Ageing and Disability Commissioner Act established the office of the Ageing and Disability Commissioner to protect and promote the rights of adults with disability and older adults by responding to reports of abuse, neglect, and exploitation.

Established 1 July 2019, the NSW Ageing and Disability Commission (ADC) is an independent agency of the NSW Government. 

The ADC fills a critical gap that was not previously addressed by other complaint and investigative bodies in NSW.

They work closely with other government and non-government organisations to support information sharing and referral pathways to ensure any older person or adult with disability is protected from abuse, neglect and exploitation.

The purpose of the NSW Ageing and Disability Commission is to:

  • raise community awareness to reduce and prevent abuse, neglect and exploitation of older people and adults with disability
  • receive and respond to reports or allegations of abuse, neglect and exploitation of an older person or adult with disability
  • provide support and information to those at need
  • run an investigation (if required)
  • report and advise the government on related systemic issues.

Anti-Discrimination Act 1977

The Anti-Discrimination Act 1977 makes unlawful both direct and indirect discrimination on the basis of disability. 

Other related national and NSW strategies

There are a number of national and NSW strategies that directly and indirectly impact people with disability.  These strategies also support the implementation of actions under the NSW DIP and individual DIAPs, including specific work undertaken by government agencies.

This includes the NSW Government’s Disability Advocacy Futures Program (DAFP), which funds advocacy organisations to facilitate access to government-funded and delivered services through:

  • individual disability advocacy that assists individuals to access services and supports
  • systemic disability advocacy that addresses systemic issues affecting people with disability or particular groups of people with disability, and
  • representative disability advocacy, which are membership organisations run by or on behalf of people with particular disabilities.

Embedding lived experience

The NSW Government is committed to ensuring lived experience is central to the development, implementation, monitoring and review of policy design and delivery.

We thank all those who gave their time and engaged in the national, state and targeted consultation processes in recent years.

The voices of people with lived experience, representative and advocacy organisations have been critical to the development of this plan.

A Stakeholder Forum was held in October 2024 with over 100 attendees, followed by further stakeholder consultations in 2025 focused on proactive engagement with groups whose additional input was identified as valuable in strengthening the next NSW DIP. This included disability organisations representing First Nations and culturally and linguistically diverse communities, children and young people, Autistic people, and people with intellectual disability, as well as carers. Key stakeholders were asked to provide their insights into how the NSW DIP could be strengthened and the actions the NSW Government should prioritise to promote inclusion.  

The consultations and review of the NSW Disability Inclusion Plan 2021-2025 indicated the NSW DIP should: 

  • be easy to understand and clearly written to highlight key whole-of-government actions and significant agency led initiatives. It should guide the delivery of public authorities’ DIAPs, which outline the broad range of actions being delivered across NSW and local governments to support people with disability.
  • be written in plain English, and other accessible formats, and clearly link to the ADS.
  • have a governance structure established to guide implementation and promote interagency collaboration and engagement with disability peaks.
  • have a Monitoring and Evaluation Framework developed, including performance indicators, to measure success and promote accountability. 

The governance reforms respond to these recommendations and ensure the ongoing participation of lived experience in our work. 

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