The Executive Government determines the scope of the Royal Commission hearing in the terms of reference, published on the Commission’s website.
The terms of reference for a Commission can be revised and this is not uncommon. A Commission does maintain a degree of independence from the Executive Government but also remains dependent on it for its powers and resources, therefore are subject to a degree of Executive control.
Terms of Reference for the Royal Commission into
Violence, Abuse, Neglect and Exploitation of People with Disability (2019)
Following is an abridged version of what the Commission is authorised to inquire into:
a. what governments, institutions and the community should do to prevent, and better protect, people with disability
from experiencing violence, abuse, neglect and exploitation, having regard to the extent of violence, abuse, neglect and
exploitation experienced by people with disability in all settings and contexts;
b. what governments, institutions and the community should do to achieve best practice to encourage reporting of,
and effective investigations of and responses to, violence against, and abuse, neglect and exploitation of, people with
disability, including addressing failures in, and impediments to, reporting, investigating and responding to such conduct;
c. what should be done to promote a more inclusive society that supports the independence of people with disability and
their right to live free from violence, abuse, neglect and exploitation;
d. any matter reasonably incidental to a matter referred to in paragraphs (a) to (c) or that you believe is reasonably relevant to your inquiry.
AND We direct you to make any recommendations arising out of your inquiry that you consider appropriate, including
recommendations about any policy, legislative, administrative or structural reforms.
AND, without limiting the scope of your inquiry or the scope of any recommendations arising out of your inquiry that you may consider appropriate, We direct you, for the purposes of your inquiry and recommendations, to have regard to the following matters:
e. all forms of violence against, and abuse, neglect and exploitation of, people with disability, whatever the setting or
f. all aspects of quality and safety of services, including informal supports, provided by governments, institutions and the community to people with disability, including the National Disability Insurance Scheme (NDIS) and the NDIS Quality and Safeguarding Framework agreed by all Australian Governments in 2017;
g. the specific experiences of violence against, and abuse, neglect and exploitation of, people with disability are multilayered and influenced by experiences associated with their age, sex, gender, gender identity, sexual orientation, intersex status, ethnic origin or race, including the particular situation of Aboriginal and Torres Strait Islander people and culturally and linguistically diverse people with disability;
h. the critical role families, carers, advocates, the workforce and others play in providing care and support to people with disability;
i. examples of best practice and innovative models of preventing, reporting, investigating or responding to violence against, and abuse, neglect or exploitation of, people with disability;
j. the findings and recommendations of previous relevant reports and inquiries.