Groups with additional needs and vulnerabilities

Aboriginal and Torres Strait Islander people
Women
Victims
Children and young people
Mental Health and psychosocial disability
People who identify as LGBTQI
People with Culturally and Linguistically Diverse backgrounds

Mother and child

Aboriginal and Torres Strait Islander people

What we know

Aboriginal and Torres Strait Islander communities and cultures are diverse. There is no single world view or unanimous experience. There is a lot of good work being achieved by, and alongside, Aboriginal and Torres Strait Islander people, however the focus of this paper is on the barriers experienced by many Aboriginal and Torres Strait Islander people in accessing justice. It is recognised that much of the experiences of inequality in access to mainstream systems are as a direct result of our shared history. The intersectionality of disability and Aboriginal and Torres Strait Islander identity increases the experience of these barriers.

Aboriginal and Torres Strait Islander people experience higher rates of disability compared to other Australians across all age groups. In 2017 the Australian Bureau of Statistics (ABS) reported that Aboriginal and Torres Strait Islander people were 1.7 times as likely as non-Aboriginal and Torres Strait Islander people to be living with disability (27.6 per cent compared to 16.5 per cent) and 1.5 times as likely to be living with a disability at the most severe end of the spectrum (7.8 per cent compared to 5.2 per cent) [46].

Examples of additional tiers of disadvantage experienced by Aboriginal and Torres Strait Islander people with disability are that they are:

As at 30 June 2018, 257 ACT participants in the NDIS identified as being from Aboriginal or Torres Strait Islander background. This equates to 3.4 per cent of the 6,141 active participants in the ACT with an approved NDIS plan. Aboriginal and Torres Strait Islander people make up 1.6 per cent of the ACT population [49].

A notable barrier to Aboriginal and Torres Strait Islander people with disability accessing justice is a lack of identification of disability. To a large extent the justice system relies on people with disability identifying as such and there is evidence of underreporting by Aboriginal and Torres Strait Islander people due to a range of factors including: a cultural conflict between the Western concept of disability and the diverse approaches to recognising and responding to disability within Aboriginal and Torres Strait Islander communities; a lack of trust due to inter-generational trauma; a lack of culturally appropriate disability services; and multiple involvement in service interventions [50].

The ACT launched a Bail Support Trial (Ngurrambai) in December 2017 to support Aboriginal and Torres Strait Islander people to achieve bail and comply with bail orders. The trial includes two bail support officers employed by the Aboriginal Legal Service (ALS) who attend court to assist clients. ALS reports that key to the success of the program is helping clients understand their bail conditions clearly. This is achieved using helpful and innovative methods such as an infographics bail form to clearly outline bail conditions and help clients manage their responsibilities. Clients are also supported by a suite of programs to help address any other issues that may affect their bail. Of the 43 trial participants (as at September 2018), none have re-offended and only eight have breached bail (with four being re-admitted to bail). The trial provides an example of how applying an approach which is appropriate for people with intellectual disability across the client-base can achieve positive outcomes.

What we heard

One of the general themes emerging from consultations was the significant over- representation of Aboriginal and Torres Strait Islander people in detention, particularly those with a disability. Another theme was the lack of appropriate, supported accommodation for this cohort, which stakeholders argued results in imprisonment by default. The ALS (NSW/ACT) raised the high prevalence of mental illness and other comorbidities among its clients, with foetal alcohol syndrome and methamphetamine (ice) usage a particular concern. The 2012 Aboriginal Disability Justice Campaign report, No End in Sight: the imprisonment and indefinite detention of Indigenous Australians with a Cognitive Impairment, states: [51]

Research also shows there is a high rate of unmet legal need in civil law matters for Aboriginal and Torres Strait Islander people. The Law Council of Australia reports that interaction with child protection is a particularly urgent legal need for this group and references the submission by Legal Aid ACT which states:

Other areas of legal need include: family law; tenancy and housing; discrimination; social security; and credit, debt and consumer issues.

There are a number of barriers which work to prevent Aboriginal and Torres Strait Islander people from accessing justice.

The Law Council of Australia’s The Justice Projectreport on Aboriginal and Torres Strait Islander people lists and discusses the following:

These barriers are compounded for Aboriginal and Torres Strait Islander people with disability who face additional difficulties of accessibility including physical accessibility and accessible information, communication, barriers related to the adversarial system and negative attitudes and a lack of understanding of disability [52]. The Disability Justice Reference Group (DJRG) membership includes a representative from the ACT Aboriginal and Torres Strait Islander Elected Body with the aim of ensuring the voices of Aboriginal and Torres Strait Islander people are clearly heard in the development of the Disability Justice Strategy. The DJRG also includes a representative from the ALS.

In its role of providing advice to the ACT Government to guide development of the Disability Justice Strategy, the members of the DJRG have pointed to the following issues:

What could we do?

While steps taken to improve access to justice for people with disability should have a positive impact for Aboriginal and Torres Strait Islander people, the Disability Justice Strategy should aim to make specific provision for this group.

This could include ensuring that all actions under the Strategy are considered from a culturally- sensitive perspective and in consultation with the Aboriginal and Torres Strait Islander community. Noting that this group is particularly vulnerable when in contact with the criminal justice system and the care and protection system, consideration could be given to developing actions which specifically seek to address the needs of Aboriginal and Torres Strait Islander people.

In 2017 Baldry et al. made an examination of disability, pathways into the criminal justice system, and the need for transformational reform in relation to Aboriginal and Torres Strait Islander people and their experience of the criminal justice system. Their subsequent recommendations suggested applying the principles of self- determination, person-centred support, holistic and flexible support, integrated services, and culture, disability and gender-informed practice. These principles could be used to inform the development of the Disability Justice Strategy and its action plans.

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Women

What we know

Women with disability are particularly vulnerable to crime and abuse [54].  For example, women with intellectual disability are 50–90 per cent more likely to be subjected to a sexual assault than women in the general population [55].  The National Plan to Reduce Violence against Women and their Children 2010–2022 (the National Plan) recognised that women with a physical or intellectual disability are more likely to experience domestic violence and the violence is likely to be more severe and continue for longer compared to other women. Poverty is another significant disadvantage with over 50 per cent of women with disability living on less than $200 per week [56].

In the ACT, there is no gendered data to compare women’s experience of the justice system against that of men. However, there is strong anecdotal evidence that barriers to accessing justice for women with disability include: difficulties in accessing pathways to support; access to information; and a lack of understanding of their legal capacity and rights.

Australia’s National Research Organisation for Women’s Safety (ANROWS) reported in April 2018 the following key findings on access to justice for women experiencing violence: [57]

What we heard

Consultations revealed concerns about the issue of violence and sexual assault of people with disability, particularly women. There was also some suggestion that women with disability were not approaching the available services in the ACT for people seeking to escape family violence. The issue of the incarceration of women was also raised with the view expressed that too many women in prison have mental illnesses and borderline intellectual disability, and who have committed relatively minor offences, who should be diverted into more appropriate supports but options were not available.

The second public consultation was held jointly on the Disability Justice Strategy and the Charter of Rights for Victims of Crime and in collaboration with Women with Disability ACT (WWDACT).

Specific issues raised in relation to women were:

Consultation with the Office for the Coordinator- General for Family Safety (OCGFS) highlighted the challenges of reaching women with disability and the importance of trusted people such as GPs and carers as a point of contact. The OCGFS indicated that mandatory reporting of domestic violence was seen by some women with disability as removing their decision-making capacity and that they would prefer non-statutory responses in some instances. People with disability were one of the target groups for the OCGFS in developing the Family Safety Hub and the paucity of data presented difficulties. A community of practice and a frontline worker strategy were central to the development of a response to family violence which aligns with suggested approaches for the Disability Justice Strategy we heard about in other consultations.

We heard from women with disability concerns in connection with issues of care and protection of children and that women felt unsupported in this area.

Consultations also revealed that there are currently around fifty women detainees in the AMC. Male detainees with complex needs may be placed in the Assisted Care Unit but there is no similar facility for women due to the relatively low numbers who would benefit from such unit.

What could we do?

We heard:

"The system mixes up safety with security. I just want to feel safe."
Consultation participant

"Removal of a child with disability has become perceived wisdom and is discouraging people from seeking early supports. We need to turn this around." Consultation participant

The OCGFS in the Community Services Directorate is undertaking a wide range of work to improve justice responses for people who are experiencing family violence. The Disability Justice Strategy will need to supplement this work rather than duplicating by ensuring an appropriate level of focus for women with disability.

The Disability Justice Strategy could examine the potential for women-specific diversions from imprisonment in collaboration with the ongoing work to meet the ACT Government’s commitment to reduce recidivism by 25 per cent by 2025. In the UK, and more recently in NSW, an innovative, gender specific approach to crime prevention has been used which targets women with complex needs who are at risk of offending and reoffending. The Miranda Program (part of the broader Miranda Project) now operates in NSW and functions as a diversionary program and provides post-release support [58].

The Disability Justice Strategy could explore, in partnership with ACT Corrective Services, how meeting the needs of women with disability could be improved given there is no specialised facility for those with complex needs.

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Victims

What we know

People with disability have a high level of interaction with the criminal justice system as victims. It is important to note that victims may also be offenders. The Australian Human Rights Commission (AHRC) has stated ‘many offenders with disability have themselves been victims of violence and this has not been responded to appropriately, contributing to a cycle of offending’ [59].  Research in NSW suggests that people with disability are 3.03 times more likely than a person without disability to be the victims of assault and 1.43 times likely to be the victim of property crime [60].  It is also likely that the level of trauma caused as a result of a being a victim of crime is exacerbated for people with a cognitive or mental health impairment [61].

In the ACT, there is no specific data which demonstrates the numbers of people with disability as victims of crime. However, in consultations for the Charter of Rights for Victims of Crime, 16 per cent of community member respondents identified as a person with disability. In addition, it is reasonable to assume that the situation in the ACT is likely to reflect the position in other jurisdictions.

Accessibility at all points in the justice system is a significant barrier for people with disability.

The system is just not well adapted to meet their needs. The AHRC reported in 2014 that there is ‘widespread difficulty identifying disability and responding to it appropriately’ among police, custodial officers, lawyers and courts [62].

What we heard

Consultations reflected the findings of national research including: [63]

A frequent theme of consultations was a need to ensure that services, particularly the police as first responders, act appropriately towards victims with disability and that this requires an understanding of disability and the provision of supports. ACT Policing are supportive of the Disability Justice Strategy and open to considering additional training.

A trauma-informed approach with responsive and ongoing supports was also considered to be necessary to assist victims of crime with disability.

What could we do?

Education and awareness is likely to be a key feature of the Disability Justice Strategy and this could include focused training and information resources, particularly for first responders such as ACT Policing and at all other points in the criminal justice system. The aim would be to ensure that a level of understanding and expertise is developed to provide good service responses to victims with disability.

The Disability Justice Strategy will need to align with the Charter of Rights for Victims of Crime which will begin implementation in a similar timeframe. Both programs of work are part of the broader program to improve access to justice in the ACT and are being developed collaboratively.

Similarly, the Criminal Justice Reform program of work responding to the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission) has overlaps with the Disability Justice Strategy. The ACT Government response to the recommendations of the Royal Commission supported the intent of the recommendation to adopt an intermediary scheme and has commenced consultation on the introduction of a scheme in the ACT [64]. The role of an intermediary is to assist a person with communication difficulties to engage effectively with the justice system. The Disability Justice Strategy could look to build on any intermediary scheme introduced for victims of child sexual abuse.

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Children and Young People

What we know

Children and young people with disability are another group which is over-represented in the criminal justice system, particularly those with an intellectual impairment. In 2014, a study of young people in NSW Custodial Centres revealed that of the 65 per cent of youth detainees who were assessed, 45.8 per cent had borderline or lower intellectual functioning [65].  International research suggests that young people with foetal alcohol spectrum disorder (FASD) are 19 more times likely to be incarcerated [66].  Research commissioned by the Royal Commission into Institutional Responses to Child Sexual Abuse points to the greater risk of being a victim of sexual abuse for children with intellectual disability and psychological disorders [67].

A particularly vulnerable group amongst this cohort are Aboriginal and Torres Strait Islander children and young people. Of 800 young people on community orders in NSW, 20 per cent were Aboriginal and Torres Strait Islander with a comorbid intellectual disability that was considered to contribute to the risk of re-offending in this cohort [68] One study found that rates of incarceration were ten times higher for Aboriginal and Torres Strait Islander young people with an intellectual disability compared to young people in the general population, and three times the rate of other Aboriginal and Torres Strait Islander young people in the community [69].

Children and young people with disability are also significantly more vulnerable to becoming victims of abuse and due to their disability are less likely to be asked and believed about, or to initiate, a disclosure of violence. There are multiple reasons for this that include non-familial adults providing personal support to children with disability away from public scrutiny; many supports are provided in segregated settings and children with disability miss out on programs designed to develop child safety and how they can be personally safe.

Research identifies that young people with disability experience mental health issues at a rate of approximately three to four times higher than comparable groups of other children.

These mental health issues are frequently not well-managed and the associated emotional and behavioural difficulties can create greater family stress and impact on the child’s ability to achieve their potential and engage with community and peers [70].

In NSW one quarter of all matters that engage child protection are about people with disability and 30 per cent of the Ombudsman’s investigations are into the maltreatment of people with disability [71]. In the ACT, the former Children and Young People Commissioner has stated: ‘a significant proportion of young people in detention are living with a mental health disorder, cognitive impairment or intellectual disability’ [72].

The ACT Human Rights Commission reported in 2011:

A child or young person with an intellectual disability is also particularly disadvantaged as a victim or witness in the criminal justice system because there is often a concern about whether they will be able to describe what has happened sufficiently and be believed by a jury or other trier of fact. They are also vulnerable to high rates of victimisation because perpetrators may view them as ‘easy prey’. The report of the Royal Commission into Institutional Responses to Child Sexual Abuse states that the Commission found that children with disability appear to be more vulnerable to sexual abuse in institutional settings, with girls being significantly more likely to be victims of abuse.

Early identification of children with disability is crucial to achieving the best outcomes for the child and allowing them to reach their full potential. The benefits of early intervention include: enhanced school achievement; better parenting skills; greater independence; lower criminal activity; and higher earnings [74].  Disability is an accepted risk factor for engagement in criminal behaviour, as is being a victim of abuse or neglect [75].

A significant barrier for children and young people with disability in accessing justice is that the stakeholders in the justice system do not recognise their disability nor know how to respond to them effectively.

What we heard

Concerns identified were that:

In March 2018, the Blueprint for Youth Justice in the ACT 2012–22 Progress Report 2012–17 [76] was released and noted the need for better support for young people with disability and mental health concerns who come into contact with the justice system.

The report links the blueprint with the Disability Justice Strategy and reports on actions already taken for young people with disability. In July 2018 the Blueprint Taskforce held a workshop to discuss key issues, including how to respond to young people with disability, and a work program for the next five years is in development.

In consultations with the Community Services Directorate, including Bimberi Youth Justice Centre, there was recognition of the need to develop more expertise in identifying and supporting young people with disability.

There are a currently a range of ACT Government policy and reform agendas across the human services directorates that have identified the need for transformational change to increase the efficacy, coherence and integration of government and non-government services and deliver better life outcomes for disadvantaged Canberrans.

These reforms include Early Support by Design, the Family Safety Hub, the Blueprint for Youth Justice, Justice Reinvestment, the Office for Mental Health and Wellbeing, the Future of Education, the Territory-wide Health Services Framework and the ACT Housing Strategy. Each of these key reforms include the need to alleviate compounding disadvantage which exacerbates the experience of disadvantage.

Speech Pathology Australia submitted that speech pathology intervention in the custodial setting has been shown to be beneficial to both the young people and youth justice staff and that indirect speech pathology (through staff education and training) has been shown to have a positive impact on the knowledge and confidence of custodial and community-based justice staff in working effectively with people with communication difficulties.

What could we do?

The Disability Justice Strategy will seek to support work in the early intervention space where the most opportunity exists to alleviate the compounding disadvantage that leads to young people’s engagement in the justice system. There are a range of reforms currently occurring and the Strategy will seek to align with these reforms to better identify and support people with disability who are vulnerable and to prevent engagement with the justice system.

Shoes

The Disability Justice Strategy will continue to work in association with the Blueprint for Youth Justice to ensure a cohesive approach to developing better supports for young people with disability and seek to provide programs that support parents to manage behaviours of concern and emotional regulation such as the evidence-based parenting program Stepping Stones Triple P program [77].  This work will also seek to identify and communicate information about programs that support enhanced personal safety based behaviours such as the So Safe program which is developed for people with intellectual disability [78].

Disability education for the justice system could include a specific emphasis on issues affecting children such as:

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People with mental illness and psychosocial disability

What we know

The interaction between mental health concerns, disability and the justice system is complex.

We know that people with mental illness have high levels of interaction with the justice system and are particularly vulnerable members of society. To a large extent, people with mental health issues fall under the care of health care services but they may also require adjustments by the justice system not only due to their mental health but also due to associated or co-existing disability.

Psychosocial disability is a functional impairment which may arise from a mental health condition. Not everyone who experiences mental ill health will also have a psychosocial disability but those who do may experience severe challenges in day to day functioning and social disadvantage. This is because impairments arising from a mental health condition can include altered thinking, cognitive impairments and reduced ability to meet the functional demands of living in the community. Psychosocial disability contributes to the gaps identified in relation to physical health outcomes and the social and emotional wellbeing aspects of people’s lives.

The complex interactions and frequent co-morbidity between mental illness, psychosocial disability, other disability and other vulnerabilities makes it important that the justice system operates in a way that is inclusive of all types of disability.

It is also the case that the psychosocial stresses associated with interactions with the justice system and unresolved legal issues can be a trigger for mental health issues as well as a factor contributing to contact with the justice system.

There is little data in the ACT about people who experience both mental health concerns and disability as this data is not consistently collected. In addition, it is likely that in some cases disability in a person who is mentally ill is not being identified.

We do know that:

We also know that the prevalence of female detainees with mental health concerns is high. A recent study found that up to 90 per cent of female detainees had experienced a mental health issue in the 12 months before they were incarcerated [80].  The mental health needs of women in prison are significant. These relate to mental health conditions that were present prior to detainment, and the exacerbation of mental health problems as a result of detainment.

Studies have indicated that compared to males, females are more likely to have mental health conditions including PTSD, BPD, and prior psychiatric hospitalisation [81].

In some ways it is not helpful to differentiate between the general experience of mental health issues and disability, noting that access to justice is important for vulnerable people whatever their diagnosis. While the focus of the Disability Justice Strategy will be people with disability, the extent of overlap with experiences of people with mental health issues more broadly makes it reasonable to consider actions in the Strategythat will enable mental health services to support people more effectively in their interactions with the justice system.

The legislation in the ACT on the issue of whether a person is fit to stand trial is an example of where mental illness and cognitive impairment coincide.

The essence of Part 13 of the Crimes Act 1900 is whether the person is capable of defending themselves and understanding the court process. It is for the defence to establish that, on the balance of probabilities, a person is unfit to plead.

While unfitness to plead laws are not based on the concept of punishment but rather aim to strike a balance between the safety of the community and the rights of the individual charged, there have been calls for the reform of these laws Australia-wide.

The Australian Law Reform Commission has stated:

Also, the AHRC has stated that one of the barriers to access to justice for people with disability is that:

It should be noted that in the ACT the period of detention ordered by the court cannot exceed the term of imprisonment the person would have received if they had not had a mental impairment. ACT legislation also provides that the ACT Magistrates Court may, if satisfied the person charged is mentally impaired, dismiss the charge altogether or require that the accused is to submit to the jurisdiction of ACT Civil and Administrative Tribunal (ACAT) to enable the making of a mental health order or forensic mental health order. However, the consent of the Director of Public Prosecutions is required for this to occur [84].

There is already work underway in the ACT which aims to respond better to people with mental health concerns and, where possible, divert them away from the criminal justice system. An example is the collaborative approach between ACT Policing and Canberra Health Services where both organisations work as a team to ensure appropriate responses to incidents involving people with a mental illness. ACT Policing has also invested significantly in mental health training for staff.

In addition, ACT Health has commenced work which aims to improve mental health services for people with an intellectual disability and which will include relevant considerations identified by the Disability Justice Strategy.

What we heard

During consultations we heard some concerns voiced about the operation of the unfitness to plead and mental impairment provisions in the Crimes Act 1900 and the potential for adverse outcomes for the most vulnerable. In particular, we heard criticisms of the need for the consent of the Director of Public Prosecutions where the ACT Magistrates Court has determined that dismissal of the charge or referral to the ACAT is appropriate [85] .

We heard the view expressed that Community Care Orders, which can be made by the ACAT under the Mental Health Act 2015, were a useful tool which is perhaps under used and could be strengthened.

We also heard in consultations that many stakeholders in both the justice system and mental health sector as well as people with lived experience were concerned that wrap around supports, particularly for the most complex cases, were not consistently provided.

What could we do?

Actions under the Disability Justice Strategy could include:

People who identify as LGBTQI

A group of people that did not arise during the consultation, yet often experience disadvantage are the LGBTQI community. The Justice Project final report 86 (2012) discusses the experience of LGBTQI people accessing justice. The report recommends welcoming strategies such as inclusive language on websites, staff training, introduction of LGBTQI advocacy roles, and the recruitment of LGBTQI staff. The report further recommends that particular attention needs to be given to those at risk of additional disadvantage such as mental health, family violence and homelessness.

Lady on Rainbow road

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People from culturally and linguistically diverse backgrounds

What we know

This report has already highlighted the lack of data with regard to people with disability accessing justice. When disability is combined with a CALD background, the scarcity of data increases. This can be compounded by differences in cultural understandings of disability and a lack of culturally-appropriate assessment tools, can lead to no diagnosis, or a misdiagnosis [87].

What we do know is that one in four Australians were born overseas. Australians come from nearly 200 different countries and speak more than 300 languages, representing over 300 different ethnic ancestries [88].  The Judicial Council on Cultural Diversity (JCCD)’s 2016 report claim that almost 60 per cent of Australia’s future population growth could come from migration [89].

The Australian justice system was created to serve a less diverse population than it serves today.90 The Productivity Commission’s 2014 report found a lack of data specific to people with CALD background [91].  This lack of data makes it hard to develop strategies to support this group of people well. Further, many people of CALD background enter the justice systems at times when they are particularly vulnerable [92].  The JCCD’s report suggests that many people of CALD background who enter the justice system, enter as a result of family violence or family breakdown [93].

A lack of trust in the justice system can be a barrier for people of CALD background. In the Scanlon Foundation Social Cohesion Research annual poll,[94] 64.9 per cent of newly arrived migrants expressed trust in the justice system, however, only 54.6 per cent of migrants who had been in Australia ten years or more expressed trust in the system. This suggests declining trust. Beyond the Scanlon poll there is very little data about the attitudes of people of CALD background on the Australian legal system.

A further barrier is that of language. Many of Australia’s humanitarian entrants do not come from countries where English is not a predominant language. A lack of English language proficiency can be a huge barrier to people accessing and participating in the Australian justice system. Further, lack of language skills can result in increased social isolation [95].  These factors in combination can lead to a lack of knowledge and awareness of the workings of the Australian justice system [96].  Further, some cultural backgrounds discourage help-seeking beyond their cultural community.

When language is a barrier, access to an interpreter can be a pathway to meaningful outcomes. Under the Human Rights Act a person is guaranteed interpreters for criminal matters but not civil. There are resources available, yet a low take up of services. The Women’s Legal Service Victoria Service [97] identified a number of barriers to the use of interpreters. There is a lack of clarity around whose responsibility it is to hire an interpreter. They further identified a number of issues around a lack of knowledge and skill around assessing the need for an interpreter, and a lack of skill in how to work with interpreters.

What we heard

We heard many of the same issues in our consultation with community. Participants highlighted issues around knowing where to seek information and support. They reiterated that in some cultures, women are not allowed to go out and seek help or advice from the community.

Language skills were raised as a barrier to accessing justice. Participants highlighted that it can be hard to navigate a new community without a language barrier. In some cultures,

women are not permitted to go out without their husbands. In such cases, when women may not use a phone or a computer, and their English is limited is can be difficult for women to access information, or for services to reach them to provide information.

Participants suggested having information in simple, understandable English. They also suggested that schools could be a useful place to locate information.

What we could do

Many of the barriers faced by people of a CALD background are faced by other vulnerable groups discussed in this strategy, such as Aboriginal and Torres Strait Islander people, and women. As such many of the strategies discussed above may also be useful in addressing the needs of people in this group. These strategies could include trusted non-legal workers facilitating navigation of the system, reaching out through trusted people and places to identify issues and distribute information, and plain language and visual forms of information. The JCCD report offers many recommendations to improving access to justice for people from a CALD background, especially women experiencing family violence. The Disability Justice Strategy could consider actions which implement a number of these recommendations. The themes identified as necessary to improving access to justice for people from a CALD background align with the five main themes of the Disability Justice Strategy. A strategy that seeks to address these five themes will go a long way in improving the lives of people from diverse backgrounds in Australia.

44 Australian Bureau of Statistics, 4433.0.55.005 – Aboriginal and Torres Strait Islander People with a Disability, 2012.

45 Australian Human Rights Commission, Willing to Work: National Inquiry into Employment Discrimination Against Older Australians and Australians with Disability (2016), 184.

46 Baldry, E., McCausland, R., Dowse, L. and McEntyre, E. 2015 A predictable and preventable path: Aboriginal people with mental and cognitive disabilities in the criminal justice system. UNSW, Sydney.

47 Australian Bureau of Statistics, 2016 Census Data Summary 2071.0

48 Gilroy J, Donelly M, Colmar S, Parmenter T – Twelve factors that can influence the participation of Aboriginal people in disability services, Australian Indigenous Health Bulletin 16(1).

49No End in Sight: the imprisonment and indefinite detention of Indigenous Australians with a Cognitive Impairment 2012 Page 7

50 Law Council of Australia, The Justice Project, Final Report Part 1, Aboriginal and Torres Strait Islander People, 35

51 Section 23WB, Crimes Act 1914 (Cwlth)

52 Australian Human Rights Commission, A Conversation in Gender Equality (2017) 7.

53 Cindy Tarcszon and Antonia Quadara, Australian Centre for the Study of Sexual Assault – The nature and extent of sexual assault and abuse in Australia Resource Sheet No.5 December 2012

54 Law Council of Australia – The Justice Project Final Report Part 1 – People with Disability August 2018, 10.

55 ANROWS, Women, disability and violence: Barriers to accessing justice Final report April 2018 http://apo.org.au/system/files/173826/apo-nid173826-782161.pdfExternal Link

56 https://www.crcnsw.org.au/miranda-project/the-miranda-program/External Link

57 Australian Human Rights Commission, Equal before the law, 5

58 Emerson E et al, University of Sydney, Centre of Disability Research and Policy – Physical Violence and Property Crims Reported by People with and without Disability in New South Wales 2002-2015

59 Mental Health Commission of New South Wales, Towards a just system, 9

60 Australian Human Rights Commission, Equal before the law, 16

61 Victorian Equal Opportunity and Human Rights Commission 2014 – Beyond doubt – the experiences of people with disabilities reporting crime

62https://www.act.gov.au/__data/assets/pdf_file/0006/1210767/Response-Part-2.pdfExternal Link

63 Haysom L, Indig D, Moore E and Gaskin C – Intellectual disability in young people in custody in NSW, Australia – prevalence and markers, November 2014.

64 Popova S, Lange S, Bekmuradov D, Mihic A, Rehm J. Fetal alcohol spectrum disorder prevalence estimates in correctional systems: a systematic literature review, 2011.

65 The University of Sydney, Disability and child sexual abuse in institutional contexts, 67

66 Kenny,D.T & Frize,M.(2010).’Intellectual disability, Aboriginal status and risk of re-offending in young offenders on community orders’. Indigenous Law Bulletin 7 (18)

67 Haysom,L., Indig,D., Moore, E., & Gaskin,C. (2014) Intellectual disability in young people in custody in New South Wales, Australia- Prevalence and markers. Journal of Intellectual Disability Research, 58, pp 1004-14

68 Eindeld S,Sanders M,Tonge B, Gray K, Sofronoff K,- Is Statewide delivery of Stepping Stones Triple P effective, September 2018.

69 NSW Ombudsman, Community and Disability Services, https://www.ombo.nsw.gov.au/news-and-publications/publications/reports/community-and-disability-servicesExternal Link

70 ACT Children and Young People Commissioner Submission 2013 – Australian Human Rights Commission Issues Paper ‘Access to justice in the criminal justice system for people with a disability’.

71 ACT Human Rights Commission, The ACT Youth Justice System 2011: A Report to the ACT Legislative Assembly by the ACT Human Rights Commission, 11

72 Majnemer A, Benefit of Early Intervention for Children with Developmental Disabilities, 1998.

73 Indig, D, Vecchiatio C, Haysom L, Beilby R, Carter J, Champion U, et al (2011), 2009 NSW Young People in Custody Health Survey cited in Judy Cashmore, The link between child maltreatment and adolescent offending, Family Matters, 2011, No 89.

74 http://www.communityservices.act.gov.au/__data/assets/pdf_file/0005/1180742/Blueprint-Progress-Report-2012-17.pdf

75 https://www.triplep-parenting.net.au/au-uken/get-started/triple-p-courses-for-parents-of-children-birth-12-years/stepping-stones/External Link

76 https://www.shfpact.org.au/community-health-promotion/sosafe-programExternal Link

80 Australian Law Reform Commission, Equality, Capacity and Disability, 194.

81 Australian Human Rights Commission, Issues paper on Access to the Criminal Justice System for People with Disability(April 2013)

82 Sections 334 and 335 of the Crimes Act 1900

83 Ibid, section 335

84 Law Council of Australia. (2012). The Justice Project Final Report. The Law Council of Australia: Braddon, ACT.

85 NSW Law Reform Commission, People with cognitive and mental health impairments  in the criminal justice system, 2012.

86 Australian Bureau of Statistics, 2024.0 - Census of Population and Housing: Australia Revealed, 2016http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/2024.0Main%20Features22016?opendocument&tabname=Summary&prodno=2024.0&issue=2016&num=&view= External Link

87 Judicial Council on Cultural Diversity, The path to justice, 2016.

88 Ibid.

89 Productivity Commission Access to Justice Arrangements, Inquiry Report No. 72, Vol.2, 2014.

90 Judicial Council on Cultural Diversity, The path to justice, 2016.

91 Ibid.

92 Scanlon Foundation Social Cohesion Survey, 2013.

93 Gatwiri G, The Influence of Language Difficulties on the Wellbeing of International Students: An Interpretive Phenomenological Analysis, 2015.

94 Judicial Council on Cultural Diversity, The path to justice, 2016.

95 Women’s Legal Service Victoria, Creating meaningful access to justice for Culturally and Linguistically Diverse (CALD) women: preliminary investigation into the use of interpreters in family violence matters, https://www.womenslegal.org.au/files/file/Family%20Violence%20Interpreter%20Report%20-%20Final%20draft(1).pdf

96 Judicial Council on Cultural Diversity 2016, The path to justice.

97 Women’s Legal Service Victoria, Creating meaningful access to justice for Culturally and Linguistically Diverse women: preliminary investigation into the use of interpreters in family violence matters, <www.womenslegal.org.au/files/file/Family%20Violence%20Interpreter%20 Report%20-%20Final%20draft(1).pdf>.

Part 2 Chapter 3 - Civil Justice Issues

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Page updated: 27 Feb 2024