Restrictive practices violate human rights - we must eliminate them

Today Abigail gave notice of a motion calling for immediate action to reduce and eliminate the use of cruel restrictive practices against people with disability.

Abigail said:

(1) That this House notes that:

the use of restrictive practices not only violate international human rights protected under the United Nations Convention on the Rights of Persons with Disability (UNCRPD), but also result in severe physical and psychological harm, often including life-long trauma, for people with disability,
in 2023, the Disability Royal Commission called on state and federal governments to establish sector-specific targets and performance indicators to drive the reduction and elimination of restrictive practices over time for disability, health, education and justice settings by 1 July 2025 at the latest, which the NSW government accepted in principle,
the UNCRPD affirms that all people with all types of disabilities deserve to enjoy all human rights and fundamental freedoms, including the right to liberty and security (Article 14); to be free from torture or cruel, inhumane, or degrading treatment or punishment (Article 15); and to be free from exploitation, violence and abuse (Article 16),
in December 2024, the Department of Communities and Justice released a consultation paper outlining the NSW government’s proposed legislative framework for regulating the use of restrictive practices on people with disability, which proposes to introduce an authorisation process for the ongoing use of restrictive practices against NDIS participants in certain settings, without any apparent reduction targets, timeframes or complementary measures to address the underlying drivers, and
the NSW government is still in the process of considering submissions from people with disability and their supporters, service providers, advocacy organisations and peak bodies; in a Budget Estimates hearing on Tuesday 19 August, the Minister for Disability Inclusion Kate Washington could not provide the committee with a timeframe for action beyond reviewing the consultation.

(2) That this House calls on the NSW government to:

determine a clear pathway to the elimination of restrictive practices, in accordance with Australia’s international commitments under the United Nations Convention on the Rights of Persons with Disability (UNCRPD),
ensure that people with disability are included in a genuine co-design process in the drafting and review of all legislation, regulations, rules and policies regarding restrictive practices,
immediately prohibit the use of certain restrictive practices which have long been identified as severely impeding on the human rights of people with disability, in accordance with Recommendation 6.36 of the Disability Royal Commission,
ensure that any legislative framework to regulate restrictive practices introduced by the NSW government includes all individuals who are subject to restrictive practices, in all settings where restrictive practices are used, regardless of whether they are an NDIS participant and regardless of existing policies and regulations,
commit to legislate that the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment be given effect within NSW, to ensure compliance with these rights and obligations which Australia is a party and has acceded to, and
commit to communicating a clear timeline for any legislative framework to regulate the use of restrictive practices with the disability community.

9 September 2025

A UNIVERSAL WELLBEING PAYMENT FOR NSW

No matter who you are or what you do, everyone has the right to share in the wellbeing of our country.

But at the moment the essentials so many of us need – a place to call home, food on the table, and everyday essentials like electricity, internet, medicine and water – are simply out of reach.

Instead of supporting us, our government is choosing to prop up huge corporations with massive subsidies, and to give away our collective wealth through record tax cuts for the wealthy. Meanwhile, the rest of us are left to live paycheck to paycheck or trapped in the dehumanising bureaucracy of our existing welfare system.

Now, in the midst of a pandemic, and following quickly on the heels of the bushfire crisis, more of us than ever before are experiencing what it’s like to lose our jobs, be without a home, or worry about where the food for our next meal will come from.

It’s time for us to choose to prioritise the wellbeing of everyone.

And that’s exactly what the Universal Wellbeing Payment will do.

It’s a regular payment made to each of us to ensure our minimum standard of wellbeing. No means testing, no bureaucracy, no strings attached.

It’s the amount you’re owed simply for being a participant in our society.

It means you are free to live your life and contribute to society as you see fit, whether you’re a carer, an artist, a student, a parent, an entrepreneur – you can get on with what you need to do, knowing that you will always be supported regardless of your income.

It means that we’re choosing to structure our economy for the benefit of all of us, not using our collective wealth to prop up the interests of big business and the wealthy few.

It means you will always have what you need to live a good life, no matter what.

The Universal Wellbeing Payment is for everyone. Help us make it happen.

For more information, head to universalwellbeingpayment.com.au

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Restrictive practices violate human rights - we must eliminate them

A UNIVERSAL WELLBEING PAYMENT FOR NSW

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