Login
Human rights lawyers call for disability independent oversight body
A human rights legal body has repeated calls for the Australian government to implement an independent oversight body for people with disabilities, pointing to the lack of a Human Rights Act for why vulnerable people live without appropriate protections.
Naomi Neilson
Australian Lawyers for Human Rights (ALHR) claimed it is “overwhelmingly disappointing” to still have people with disabilities die from poor care, despite the royal commission and the introduction of the NDIS Quality and Safeguards Commission in 2018.
To continue reading the rest of this article, please log in.
Create free account to get unlimited news articles and more!
It follows the death of Anne-Marie Smith, who was allegedly left in a cane chair 24 hours a day for more than a year. She relied on a carer for all her needs, who is now the subject of a manslaughter investigation. High-profile barrister Stephen Ey will represent her.
Natalie Wade, vice-president and chair of the ALHR Disability Rights Committee, said the government agencies tasked with protecting people with disabilities have failed.
“They have a legal responsibility and all statutory powers to protect people with disabilities from violence, abuse and neglect, yet Ms Smith is dead. The government must ensure all safeguards and systems are working to protect people with disabilities,” Ms Wade said.
Following Ms Smith’s death, the South Australian government announced a taskforce to consider the system’s failings. Ms Wade said that while the ALHR welcomed a taskforce, it is not the answer, and that an independent oversight service is needed.
She added that the government must be careful in determining the oversight body so that it is accessible to people with disabilities, while also respecting their rights to privacy and their right to live free from the dangers of violence and abuse.
Ms Wade added a “human rights-focused approach” must be taken and that “draconian” measures which interfere with the privacy of people with disabilities must be avoided.
“In the absence of a Human Rights Act, the most vulnerable people in our community live without a human rights framework to ensure the work of the government protects all rights and freedoms,” Ms Wade said. “This confronting case of violence and neglect against a woman with disability is yet another example of the consequences of inadequate human rights protections in Australia.”
