Article 19 — Living independently and being included in the community
STATUS IN AUSTRALIA
General Legal and Policy Framework
People with disability in Australia are restricted in their right to live independently and be included in the community, including the right to choose freely where and with whom they will live. The inaccessible design of social and private housing options and the lack of appropriate and portable support services are key barriers. (See also Articles 18, 20, 26 and 28) The predominant ‘supported accommodation’ framework used by Australia within the specialist disability service system also plays a key role.
The ‘supported accommodation’ framework does not separate housing needs from support needs, and results in many people with disability, particularly those with high and complex support needs being compelled to live in residential institutions and other specific purpose arrangements in order to receive the supports they need. Article 19 is derived from the traditional civil and political rights of liberty and security of the person (see also Article 14), and it makes clear that institutional accommodation is an explicit violation of rights to liberty, and that Australia has an immediate responsibility to prevent and remedy this violation.329
The National Disability Agreement (NDA) is the funding agreement between the Australian, State and Territory governments for the delivery and regulation of specialist disability services.330 This includes supported accommodation and care, which is largely provided by State and Territory Governments.
The Home and Community Care Program (HACC), which is administered jointly by all Australian governments provides basic support and care needs to assist frail aged people and younger people with disability and their carers remain living independently at home rather than being placed into supported accommodation.
The National Disability Strategy (NDS) includes an action focused on developing supported accommodation models for people with high and complex needs.331 The draft National Human Rights Action Plan also includes measures for acquiring or building supported accommodation places for people with disability.332 These measures are contained in sections addressing specialist disability care and supports rather than in sections addressing rights to housing, and many disability representative, advocacy and human rights organisations are sceptical that they can or will comply with Article 19.
The NDS recognises that barriers to accessible, well designed housing and accommodation need to be addressed to provide more choice for people with disability in where they live.333 Six core universal design elements334 are being incorporated into the construction of new pubic and social housing through the Social Housing Initiative; and the Liveable Housing Design Initiative provides guidelines and targets for these six universal design elements to be incorporated into the building of all new homes by 2020. Although the Liveable Housing Design targets have been agreed by industry and Australian governments, they are only aspirational.335
Australia has committed to introducing a National Disability Insurance Scheme (NDIS). A key aim of the NDIS is to enable people with disability, including those with significant support needs to obtain, choose, control and manage the supports they need to live in the community.
