Executive Summary
National Legal Aid (NLA) welcomes the opportunity to contribute to the development of a strengthened Disability Support Quality and Safeguarding Framework (the Framework). We support the overarching aim of establishing a Framework that strengthens safeguards for all people with disability both within and outside the NDIS. Safeguarding must do more than prevent harm -it must actively empower people with disability to exercise their rights and live with dignity and autonomy.
NLA emphasises the critical importance for people with disability to have access to legal assistance to resolve issues related to their disability. Safeguards are not only about risk mitigation but must also include accessible, independent pathways for people to defend and enforce their rights, including access to legal advice and representation as well as non-legal advocacy.
To be effective and equitable, the Framework must:
- Recognise access to legal assistance and non-legal advocacy as core safeguards.
- Ensure review and complaint pathways are accompanied by independent, funded advocacy and/or legal support.
- Invest in rights-focused capability building, delivered accessibly and in partnership with Legal Aids.
- Promote coordinated safeguarding across all systems affecting people with disability.
- Establish mechanisms for continuous monitoring and accountability.
Legal assistance is a critical safeguard that ensures people with disability can understand, claim and enforce their rights. A safeguarding system without properly funded, specialist legal assistance will not meet its intended purpose. NLA stands ready to work with the Commonwealth to ensure that the safeguarding system is genuinely protective, empowering, and rights-affirming for all people with disability.
