Protecting students' rights
Protecting students' rights
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has released an issues paper on education and learning. The paper is available in Easy Read, PDF and DOCX.
• Education and Learning – Issues paper [PDF 936KB] https://disability.royalcommission.gov.au/publications/Documents/education-learning-issues-paper.pdf
• Education and Learning – Issues paper [DOCX 134KB]
• Easy Read Education and Learning – Issues paper [PDF 425KB]https://disability.royalcommission.gov.au/publications/Documents/education-learning-issues-paper-easy-read.pdf
• Easy Read Education and Learning – Issues paper [DOCX 45KB]
The issues paper has been adapted from a paper developed for a workshop on education and learning held in Melbourne on 3 October, 2019 with representatives from community and disability organisations and education academics.
The Royal Commission has identified that abuse, neglect and exploitation of people with disability in the education sector is an important topic to address.
Research suggests that children with disability experience higher rates of suspension and expulsion from schools and that children with disability may be excluded from school activities, such as excursions, assemblies, sports carnivals etc.
Over the last decade, the segregation of children with disability into special education units/classes or ‘special’ schools has increased. Students with autism have been disproportionately affected by this increase. First Nations students with disability are also disproportionately over-represented in special schools.
The Royal Commission issues paper on education outlines the Commission’s preliminary understanding of the key issues and barriers experienced by students with disability and asks 13 questions.
The Royal Commission is encouraging responses from individuals and organisations to the issues paper, if possible, by 20 December 2019 although submissions will be accepted after that date.
Responses to the issues paper should be provided, either:
• electronically to DRCEnquiries@royalcommission.gov.au, or
• in writing to GPO Box 1422, Brisbane, Queensland 4001.
Please indicate if you consent to your responses being made public on our website.
At hearings the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability will hear from people identified by Counsel Assisting to appear as a witness and give evidence. People who are expected to appear as witnesses will be contacted by the Royal Commission in advance of the relevant hearing.
The Disability Royal Commission will publish details of hearings on this page to assist parties, witnesses and members of the public.
Upcoming hearings
The Royal Commission will hold its first public hearing at which evidence will be taken, in Townsville from Monday 4 November to Thursday 7 November 2019. The subject of the hearing is education, which includes the following topics:
Inclusiveness in education as it relates to students with disability; and
The implementation of existing policies and procedures relating to inclusive education of students with disability, with a focus on the Queensland government education system.
The Royal Commission intends to call witnesses to give evidence of their experience of the education system from their specific position, including, for example, parents and carers of students with disability, advocates, and individuals with professional experience in the education system and experts.
Commissioners set to appear at the Townsville hearing are:
the Chair
The Hon Roslyn Atkinson AO
Ms Andrea Mason OAM
Dr Rhonda Galbally AC
Leave to appear with respect to the Townsville hearing
The Royal Commission may grant leave to appear to a person(s) or organisation(s) to participate in a public hearing.
If you believe you have a direct or substantial interest in the subject matter of this hearing, you are invited to apply in writing for leave to appear by Monday, 28 October 2019, 5:00pm (AEDT).
To apply for leave to appear at the public hearing:
Fill out the form ‘Application for Leave to Appear at a Hearing of the Royal Commission’
Include a brief summary of your direct or substantial interest in the hearing (see paragraph 7 of Practice Guideline 4 – Conduct of Hearings for examples), and
Forward your form and the brief summary to the Royal Commission to DRCSolicitor@royalcommission.gov.au by Monday, 28 October 2019, 5:00pm (AEDT).
If you are unable or do not wish to apply in writing, or if you need assistance with your application to appear, please contact us on 1800 517 199 or +61 7 3734 1900 (between 9:00am-5:00pm (Australian Eastern Daylight Time [AEDT], Monday-Friday (excluding national public holidays).
To use the National Relay Service to contact us, phone 133 677.
Any application for leave to appear will be determined in accordance with Practice Guideline 4 – Conduct of Hearings, published by the Royal Commission.
Event information
Townsville Hearing
Date: Monday, 4 November 2019 – to Thursday 7 November, 2019.
Location: Townsville Entertainment and Convention Centre, Townsville QLD 4810
The Townsville hearing will be livestreamed on the Royal Commission website.
Support
The Royal Commission is committed to being accessible to all. It will adopt the principles of trauma-informed engagement to assist in recognising and understanding the effects of all types of trauma and to avoid re-traumatisation.
There are a number of Australian Government-funded services available to assist those requiring support during the Royal Commission. These services are provided through agencies external to the Royal Commission.
We understand that people with disability may be concerned about retribution, for example if they make a submission that is critical of an employer or an accommodation provider.
We take this concern very seriously because such retribution can be a criminal offence. If this happens to you because you have provided us with information in response to a notice to produce, or if you have given evidence in a public hearing, please tell us. The Royal Commission will then investigate your report and, if needed, refer it to the Police.
You can get free legal advice to help you understand your options in sharing your experience with the Royal Commission. Please call 1800 771 800 (9:15am-5:15pm AEDT Monday to Friday, excluding public holidays).
You might be worried that any information that you give to the Royal Commission, including in a written, online or audio-visual submission, is in breach of a non-disclosure or confidentiality clause in an agreement you have signed, or is defamatory. If so, you can ask the Royal Commission to issue you with what is called a ‘notice to produce’ your submission.
If the Royal Commission has issued you with a notice to produce (or if you give evidence before the Royal Commission in a public hearing), it is a criminal offence for any person to injure you, cause you disadvantage, or for your employer to take action against you because you have given information to the Royal Commission.
It is therefore against the law for a person to sue you for breach of a confidentiality clause because you gave your information to the Royal Commission in response to a notice. The law also says that any information you provide to the Royal Commission in response to a notice issued by the Royal Commission cannot be used as evidence against you in any civil or criminal proceedings in Australia.
If you are worried about your identity or the information you have provided being disclosed after the Royal Commission has ended, you may be able to share your experience with a Commissioner in a private session.
Anything you tell us in connection with, or during, a private session can be kept confidential even after the Royal commission ends. It is protected from disclosure by law and cannot be subpoenaed or disclosed under Freedom of Information legislation.
At this stage, the Royal Commission does not know how many people might want a private session, so we cannot promise that everyone wanting a private session will be able to get one. More information about private sessions will be available shortly.
If you share your story with the Royal Commission in writing, online or in audio-visual format, we will not publish your information unless you want us to. If you do want us to publish your account of your experience, we can publish it without naming or identifying you.
If you do not want your information or your identity to be shared with anyone outside of the Royal Commission, we can protect your identity and the information you share with us until the Royal Commission ends in April 2022 (when its Final Report is due).
This is because under the current law, the Royal Commission can only guarantee confidentiality while the Royal Commission exists. However, the Royal Commission intends to ask the Government to amend the law so that your information is protected indefinitely, even after the Royal Commission ends. This, however, is a matter for the Australian Parliament to decide.
https://disability.royalcommission.gov.au/about/Pages/our-schedule.aspx?fbclid=IwAR24nbDz_MBwtneAOwrneNwWke0MuoyY_niAfImvq_LHnXXgGnnpsBaItQo
https://www.facebook.com/disability.royalcommission.gov.au/posts/162159721818527
Next hearing – Brisbane 24 March-27 March 2010
Royal Commission hearing to continue investigating education
The Royal Commission’s next public hearing will take place on Tuesday 24 March – Friday 27 March. It will be held in a specially designed and purpose built hearing room in Brisbane.
The public hearing will explore the barriers in the education system to students with disability in accessing and obtaining a quality education.
The public hearing in Brisbane will explore a range of topics including:
· the impact on students with disability of absences, suspension, exclusion or expulsion from school
· the effectiveness of policies, procedures and practices designed to re-engage students with disability in the education system where they have experienced suspension, exclusion or expulsion
· provision of reasonable adjustments and supports, and barriers to making reasonable adjustments and supports available, for students with disability
· individualised planning for students with disability in schools
· the use of restrictive practices against students with disability
· current educational qualification requirements for teachers relating to students with disability
· life course impacts, including transition to higher education and employment and mental health impacts.
The hearing will be livestreamed on the Royal Commission website and will feature live captioning and Auslan-English interpreters.
Community engagements in Burnie and Launceston.
The Royal Commission is holding two community forums and two information sessions in the Tasmanian cities of Burnie and Launceston on 17 and 18 March, 2020.
People with disability and their families and supporters are invited to attend a community forum. Community forums are an opportunity for people to share their stories with Commissioners and staff.
The Royal Commission can provide supports to anyone wanting to share their story at a community forum. It is important to note that these forums are not open to organisations including service providers and government agencies.
The Royal Commission is also holding two information sessions for organisations, including services providers, government representatives and the general public.
Information sessions are open to everyone and will include an opportunity for attendees to ask questions of Royal Commission staff.
People will not be able to share their story in an information session. Anyone wishing to do so should consider attending a community forum, making a submission, or applying for a private session with a Commissioner. Details about the submissions process and private sessions can be found on the Royal Commission website.
We recommend people register for community forums and information sessions in advance. Registration details are available on our website.
Community forums and information sessions will be accessible and there will be live captioning and Auslan – English interpreters.
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Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
Phone: 1800 517 199 (9:00am to 6:00pm AEDT)
Email: DRCenquiries@royalcommission.gov.au
Web: www.disability.royalcommission.gov.au