The UNCRPD and NDIS

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and National Disability Integration Strategy (NDIS) were referenced in ten submissions (the NDA; DFI; NFVSP; CIB; Pobal; Disability Unit, DoH; SPMHS; Chime; IWA and the IDS).

The majority of recommendations provided in the NDA submission (which are discussed throughout this Theme), were underpinned by UNCRPD requirements and commitments. This was also true of the submissions provided by the DFI, NFVSP, Disability Unit, DoH, Chime, IDS and IWA). The NFVSP suggested that the UNCRPD provides a “clear roadmap for the future” of disability policy and services.

The NDA noted the DCEDIY’s responsibilities in relation to the Convention. The NDA advised the Department to strengthen the newly established Participation and Consultation Network, and to include a commitment to developing a departmental UNCRPD action plan, beginning with a review of the provisions of the UNCRPD “with a view to identifying areas which come within its remit”. This recommendation was echoed in the other submissions, with the IDS suggesting the Department develop a strategy to deliver on its UNCRPD commitments, while the NFVSP suggested that “the treaty should form the cornerstone” of the Department’s SoS. The NFVSP also recommended that the DCEDIY SoS “map the articles of the UNCRPD across all proposed disability legislation, policies and programmes” that are “driving disability practice”.

A number of target policy areas, as specified in the UNCRPD, were discussed in the ten submissions (and are discussed across this Theme). They include: the personal independence of people with disabilities (and the provision of community-based supports); better access to education and employment; the participation of children and adults in policy and service-based decision-making; the review of national disability legislation; and access to respite/short breaks.

The above submissions also included references to the NDIS, with areas of crossover between the Convention and strategy. In their submission, the NDA noted that they had “undertaken mapping work in relation to the UNCRPD and the NDIS and would be available to engage further with the Department on this if it would be of assistance”.

A range of recommendations were underpinned by specific reference to the NDIS. Chime, for example, suggested that the NDIS requires “effective champions within Government”, while the CIB recommended resourcing the NDIS “with an emphasis on close collaboration between state agencies and civil society”. The NFVSP recommended that “a programme of work should take place to progress implementation” of NDIS actions. They recommended that the DCEDIY (and Tusla) actions under the NDIS be included in the SoS, and that the Department lead on these actions, which often require interdepartmental collaboration.

However, according the DFI, their involvement with the NDIS to date “has repeatedly shown failures of cross departmental working,” with a lack of “effective mechanisms to coordinate and project manage at government level”.

The NDA submission outlined DCEDIY responsibilities under the NDIS, such as reporting on the implementation of NDIS actions in biannual Traffic Light Reports, and updating the DCEDIY Disability Consultative Committee. The NDA also advised that the Department “begins to consider

the successor to the National Disability Inclusion Strategy which is coming into its final year in 2021”.