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Access to justice in the criminal justice system for people with disabilities who need communication supports or who have complex and multiple support needs (people with disabilities) is a significant problem in every jurisdiction in Australia. Whether a person with disability is the victim of a crime, accused of a crime or a witness, they are at increased risk of being disrespected and

1.1 Barriers People with disabilities do not enjoy equality before the law when they come into contact with the criminal justice system in Australia. Whether a person with disability is the victim of a crime, accused of a crime or a witness, they are at increased risk of being disrespected and disbelieved. If a victim, their disability may be seen to mitigate the offender’s guilt; if a…

2.1 Indicators for change In Australia, 45 per cent of people with disabilities live in poverty or near poverty. This situation has worsened since the mid-1990s. Employment rates for people with disabilities have been decreasing and so too have educational outcomes. [4] Women and girls with disability experience violence at significantly higher rates, more frequently, for longer, in more…

3.1 General findings In our consultations the Commission received information from people with disabilities and their advocates, support services in the community and in government and people in the police, courts and the custody and release system. The Commission also received many submissions and held a number of meetings with community members and public officials who work in or with the …

The Commission considers that each jurisdiction in Australia requires an holistic, coordinated response to the issues raised in this report through a Disability Justice Strategy. The development of a Disability Justice Plan in South Australia provides a good potential model for achieving this. The Commission considers that any Disability Justice Strategy should address a core set of…

This report has identified a range of problems that exist in the criminal justice system which result in people with disabilities not enjoying equality before the law. Despite much good work and the best intentions, people with disabilities are not treated appropriately in the criminal justice system. Throughout the consultation process the Commission heard that in order to ensure equality…

Listed below are examples of services and programs brought to the Commission’s attention. Aboriginal Visitors Scheme (WA) This is an independent prison visitor scheme where an Aboriginal volunteer is appointed to monitor the treatment of Aboriginal people held in custody and police lock ups. They offer basic counselling and will inform the Officer in Charge of any urgent medical needs ( http…

Australia has agreed to be bound by and comply in good faith with international human rights law. It has done this by ratifying international human rights treaties International Covenant on Civil and Political Rights (ICCPR). Convention on the Rights of Persons with Disabilities (CRPD) Convention on the Elimination of Racial Discrimination (CERD), Convention on the Rights of the Child (CRC) …

The ºÚÁÏÇ鱨վ held public meetings in each State and Territory. In addition the Commission conducted 114 individual meetings. These meetings were held with people with disabilities, their families and carers, Attorneys-General, members of the police forces, correctives services and judiciaries, disability advocacy peak-bodies, community groups, and academic, medical…