Government response to the report on the Indefinite detention of people with cognitive and psychiatric impairment in Australia

Human rights
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Government response to the report on the Indefinite detention of people with cognitive and psychiatric impairment in Australia [PDF 117.72 KB]

[Extract from response letter to President of the Senate]

Dear President

I am writing to convey the Government’s response to the Senate Community Affairs References Committee report on the Indefinite detention of people with cognitive and psychiatric impairment in Australia, which predates the 47th Parliament.

The Government notes each recommendation of the report. However, given the passage of time since the report was tabled, a substantive Government response is no longer appropriate.

I note that since this report was provided to Government a number of reforms have been implemented, including the establishment of the NDIS Quality and Safeguards Commission which is an independent Australian Government Regulator tasked with regulating the NDIS including a nationally-consistent approach to promote safe practices and improve the quality and diversity of providers' services.

I also note that many of the recommendations in this rep01t fall within the responsibility of the states and territories. While states and territories have primary responsibility for justice systems, the Australian Government is coordinating a range of measures to ensure a shared commitment to Targets 10 and 11 of the National Agreement on Closing the Gap including:

  • implementing the Nation's Justice Reinvestment Programs to improve justice outcomes and address the drivers of contact with the criminal justice system.
  • investing $3.9 billion in the National Access to Justice Partnership, which commenced on 1 July 2025, which includes dedicated funding for ATSILS ($837.80 million over 5 years) and Family Violence Prevention and Legal Services ($366.8 million over 5 years).
  • working through national mechanisms like the Standing Council of Attorneys-General (SCAG) and Joint Council on Closing the Gap to pursue practical reforms and increased accountability in reducing the number of preventable deaths in custody.

Please accept this letter as the Government’s response to the Committee’s report. A copy of this letter has also been provided to Senator Penny Allman-Payne, Chair of the Senate Community Affairs References Committee.

In the event this letter is received when the Senate is not sitting, I note the presentation of this document is pursuant to Senate Standing Order 166.

Yours sincerely

[signature redacted]

Michelle Rowland MP