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Rights and Freedoms
11 February 2014Book pageSummary
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 -
11 February 2014Book page
1 Disability Justice Strategies – an introduction
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… -
Rights and Freedoms
11 February 2014Book page
2 The case for change
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… -
11 February 2014Book page
3 Police, courts and corrections – the issues
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 … -
Commission - General
11 February 2014Book page4 Actions and statements of principle
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… -
Rights and Freedoms
11 February 2014Book page
5 Conclusion
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… -
Rights and Freedoms
11 February 2014Book page
Appendix A – Services and Programs
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… -
11 February 2014Book page
Appendix B – Australia’s international human rights context
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) … -
11 February 2014Book page
Appendix C – Meetings and Submissions
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… -
Aboriginal and Torres Strait Islander Social Justice
10 February 2014PublicationClose the Gap - Progress and priorities report 2014
Since the first Australian Government report in 2009, the Campaign Steering Committee has provided an annual complementary 'shadow' report representing its assessment of progress, including against the COAG Closing the Gap Targets for health and life expectancy equality, and the commitments in the Close the Gap Statement of Intent. This is done in the spirit of an open and constructive dialogue… -
Legal
6 February 2014SubmissionJudicial review of lawfulness of detention (2013)
ºÚÁÏÇ鱨վ Response to Questionnaire from the UN Working Group on Arbitrary Detention 8 November 2013 Table of Contents 1 Introduction 2 Summary 3 Response to questions 3.1 Role of the ºÚÁÏÇ鱨վ 3.2 Australian law on judicial review of detention 3.3 Common problems 3.4 Assistance of individuals by the Commission 3.5 Assistance of the… -
Legal
6 February 2014Publication
Casenote: Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53
The High Court found that the Department of Immigration acted on the basis of an error of law when it refused to refer the plaintiff’s case to the Minister for Immigration for consideration of whether to allow her to make a protection visa application. -
Disability Rights
5 February 2014WebpageEqual Before the law: Towards Disability Justice Strategies
Learn about strategies for achieving disability justice. -
Disability Rights
5 February 2014Publication
Equal Before the Law
Equality Before The Law is a basic tenet of human rights. But I have learned, both as an advocate and during my time as Australia's Disability Discrimination Commissioner, that equality is not always available for Australians with disabilities in the criminal justice system. This report provides a snapshot of where that equality does not exist, highlights services and programs that improve…