Report Working Group, ‘Disability Rights Now 2019’, Australian Civil Society Shadow Report to the United Nations Committee on the Rights of Persons with Disabilities, UN CRPD Review 2019 (July 2019) (‘Australian Civil Society Shadow Report’). 65 These include Guardianship, estate management and mental health laws. 66 See CPRD Concluding Observations on Australia, UN Doc CRPD/C/AUS/CO/2-3 (n 61). Australia’s interpretation of CPRD Articles 12 and 17 allows for the continuation of guardianship and mental health laws that deprive people of liberty on the basis of disability, and subject them to forced medical interventions. Whilst there have been some reviews and amendments to legislation, there has been no action to end involuntary detention on the basis of disability, or to end forced medical interventions. The Interpretative Declaration on Article 18 also preserves Australia’s current legislative and administrative approach to processing visa applications. The Disability Discrimination Act 1992 (Cth) provides an exception for certain provisions within the Migration Act 1958 (Cth), which means that Australia’s migration arrangements and treatment of disability are unable to satisfy the equal protection obligations under CRPD Article 5. 67 Despite recommendations from the Australian Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws (Report No 124, 24 November 2014); Human Rights Council, Report of the Working Group on the Universal Periodic Review, UN Doc A/HRC/31/14 (13 January 2016) 23 and most recently CPRD Concluding Observations on Australia, UN Doc CRPD/C/AUS/CO/2-3 (n 61). 68 See Ibid, and Australian Civil Society Shadow Report (n 64) 27, 29. 69 A high number of people with disability, including children are administered psychotropic medication, physical restraint, and seclusion under the guide of ‘behaviour management’, including in schools, disability and mental health facilities, hospitals and aged care settings. Surgeries and other medical interventions are performed on infants and children with intersex variations without informed consent or evidence of necessity. See: Australian Cross Disability Alliance (ACDA), Submission No 147 to the Senate Community Affairs References Committee, Inquiry into Violence, Abuse and Neglect against People with Disability in Institutional and Residential Settings (August 2015). 70 Australia is required to provide its combined fourth and fifth periodic reports to the UN Committee on the Rights of Persons with Disabilities by 17 August 2026. 71 Disabled Peoples Organisations Australia and National Women’s Alliances, The Status of Women and Girls with Disability in Australia (Position Paper, November 2019). 72 74% of incidents reported to Australia's Disability Royal Commission have occurred since 2010: Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (First Progress Report, December 2019) 13. 73 In relation to child protection and out of home care, see SNAICC – National Voice for our Children et al., The Family Matters Report 2019: Measuring trends to turn the tide on the over-representation of Aboriginal and Torres Strait Islander children in out-of-home care in Australia, (Report, 2019). In relation to juvenile justice, see Australian Government Productivity Commission, Report on government services 2020 (Report, 23 January 2020) Section 17, ‘Youth justice services’, 17.5. 74 The core components required for the establishment of such a commissioner are outlined in SNAICC – National Voice for our Children and Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP) Position paper: Establishment of a national commissioner for Aboriginal and Torres Strait Islander children and young people (Position Paper, October 2019). 75 In relation to obligations under the Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, opened for signature 18 December 1990, 2220 UNTS 3 (entered into force 1 July 2003) (‘CRMW’), see UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (‘CMW’), Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration, UN Doc CMW/C/GC/3-CRC/C/GC/22 (16 November 2017) and CMW, Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, UN Doc CMW/C/GC/4-CRC/C/GC/23 (16 November 2017). Australia has not ratified CRMW. 76 Committee on the Rights of the Child, Concluding observations on the combined fifth and sixth periodic reports of Australia, UN Doc CRC/C/AUS/CO/5-6 (1 November 2019) [22]. 77 The National Action Plan should include a legislative and policy framework that fully complies with Article 24 and General Comment 4; See CPRD Concluding Observations on Australia, UN Doc CRPD/C/AUS/CO/2-3 (n 61). 78 Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2016 (Report, 2016). See also Djirra, ‘High Rates of Violence against Aboriginal and Torres Strait Islander women must be addressed’, Oral Statement by Antoinette Braybrook to the Human Rights Council, 41 st session, agenda item 3 (27 June 2019). 79 Human Rights Law Centre and Change the Record, Overrepresented and Overlooked: the crisis of Aboriginal and Torres Strait Islander women’s growing imprisonment (Report, May 2017) 10. Djirra, ‘High Rates of Violence against Aboriginal and Torres Strait Islander women must be addressed’, Oral Statement by Antoinette Braybrook to the Human Rights Council, 41st session, agenda item 3 (27 June 2019) 80 Dubravka Šimonović, Report of the Special Rapporteur on Violence against Women, its Causes and Consequences on her mission to Australia: note by the Secretariat, UN Doc A/HRC/38/47/Add.1 (17 April 2018). See, eg Julia Holman, ‘Federal Government Axes Funding to Peak Body Representing Indigenous Survivors of Domestic Violence’, ABC News (online, 6 December 2019). 81 Ibid. 82 ‘Safety First in Family Law’, Women's Legal Services Australia (Web Page, 23 October 2019). 83 Australian Women Against Violence Alliance, Analysis of the Fourth Action Plan (17 September 2019). . 29