Justice and safety
People with disability may experience higher rates of violence, abuse and neglect than people without disability. Some may also face barriers in asserting their rights before the law. Exploring the extent of violence experienced or perpetrated by people with disability, as well as their interactions with the justice system and the quality and safety of the supports they receive, can provide information to improve outcomes for this group.
Discrimination complaints
46% of complaints received by the Australian Human Rights Commission in 2022–23 were about disability discrimination.
Experience of discrimination
In 2018, 1 in 6 (16%) people aged 15–64 with disability said they have experienced disability discrimination in the previous year.
Avoiding situations
In 2018, 4 in 9 (44%) people aged 15–64 with disability said they had avoided situations in the previous year because of their disability.
Physical violence
In 2021–22, 1 in 10 (9.8%) men with disability reported experiencing physical violence in the last 2 years.
Sexual violence
In 2021–22, 1 in 25 (4.0%) women with disability reported experiencing sexual violence in the last 2 years.
Feeling unsafe
In 2021–22, 1 in 3 (34%) women with disability who used public transport alone after dark in the last 12 months felt unsafe.
Reporting on safety, rights and justice for people with disability for Australia’s Disability Strategy
Australia's Disability Strategy 2021–2031 (the Strategy) is Australia's national disability policy framework. It sets out a plan for continuing to improve the lives of people with disability in Australia over the 10 years to 2031.
The Strategy is supported by an Outcomes Framework. The Outcomes Framework is a key initiative under the Strategy to measure, track and report on the outcomes for people with disability across 7 outcome areas.
One of these outcome areas is Safety, rights and justice. This outcome area is about making sure people with disability are safe and feel safe. It includes 6 priorities with a total of 16 measures that are used to track what changes over time (9 of which currently have reportable data and 7 require future data development):
- Safety from violence, abuse, neglect and exploitation priority:
- NDIS complaints abuse/neglect: Number of complaints related to abuse and neglect per 1,000 NDIS participants (2.2 complaints per 1,000 participants in 2022–23)
- Experience of violence: Proportion of adults with disability aged 18 years and over who have experienced violence since age 15 (47% in 2016), compared with adults without disability (36% in 2016)
- Trauma-informed policy, processes and programs priority:
- Seeking support following assault: Proportion of people with disability who experienced assault and sought advice or support after the most recent incident (52% in 2016)
- Trauma-informed support: Number of services for people with disability which use a trauma-informed approach (future data development)
- Violence against women and their children priority:
- Access to safe and secure housing: Proportion of Specialist Homelessness Services (SHS) clients with disability experiencing domestic and family violence who are provided assistance for accommodation when needed (78% in 2022–23)
- Experience of domestic violence: Proportion of women with disability aged 18 years and over who have experienced family or domestic violence since age 15 (44% in 2016), compared with women without disability (30% in 2016)
- Time in child protection: Average length of time a child with disability remains in the child protection system compared to children without disability (future data development)
- Child protection re-substantiation: Rate of children with disability aged 0–17 years who were the subject of a child protection re-substantiation in a given year (future data development)
- Rights are protected and upheld priority:
- Advocacy program support: Proportion of assessed National Disability Advocacy Program (NDAP) clients who reported improved choice and control to make their own decisions (63% in 2022–23)
- Discrimination complaints resolved: Proportion of complaints related to disability discrimination lodged with the Australian Human Rights Commission that are successfully resolved by conciliation (61% in 2022–23)
- Freedom from discrimination: Proportion of people with disability who have not experienced discrimination due to disability in the last 12 months (90% in 2018)
- NDIS participants capacity to self-advocate: Proportion of NDIS participants who feel able to advocate (stand up) for themselves (37% in 2023–24 Q2)
- Access to justice priority:
- Justice system support: Proportion of people with disability supported to communicate and participate when interacting with police or judicial officers at court (future data development)
- Equal access to justice: Proportion of people with disability who reported having equal access to justice compared to people without disability (future data development)
- Equitable treatment in criminal justice system priority:
- Reoffending within 2 years: Proportion of people with disability returning to corrective services within 2 years, compared to proportion of people without disability (future data development)
- Detention: Proportion of people with disability detained in prisons and forensic facilities compared to people without disability (future data development).
Note: the numbers reported in this summary box and on the Reporting on Australia's Disability Strategy 2021–2031 website may differ slightly from the numbers reported elsewhere in this report, due to different data sources, populations, and/or reporting periods.