Law plays an important role in tackling this inequality and exclusion. For the past decade, the United Nations Convention on the Rights of Persons with Disabilities (the Disability Convention) – an instrument of international law – has been both a catalyst and guide for legislative reform enhancing the equality and inclusion of disabled people. To what extent, though, is this Disability Convention influencing domestic case law?
State government funding cuts to a South Australian service helping people with disability access the legal system will leave vulnerable people without a voice in police interviews or court, a disability advocates warn. “This state has seen what happens when vulnerable people cannot give evidence. We know that cases against alleged paedophiles and other abusers will collapse and offenders go free,” he said.
This resource is for parents, relatives and significant others caring for Victorians with a decision-making disability. The publication sets out in simple terms, how those caring for Victorians with a decision-making disability can protect and safeguard their futures.
A supreme court judge has issued a stunning public condemnation of the National Disability Insurance Agency, finding it tried to recoup funds with “no proper basis” from a woman with profound disabilities, and then came dangerously close to contempt of court.
When Nicole Lee’s husband was removed from her home after she disclosed a decade of abuse to hospital staff following a suicide attempt, it took her eight weeks to get a shower.
As the report confirms, many people with disabilities, through lack of support, find themselves on a pathway to prison and they are treated badly when they arrive being deprived of the support in prison that was not provided to them in the community.
Her Honour Judge Meryl Sexton has been leading the County Court’s contribution to the new Intermediary Pilot Program, regularly meeting with representatives from the Supreme Court, Magistrates’ Court, Children’s Court, the Department of Justice and Regulation and other stakeholders . The Intermediary Pilot Program was funded in the 2017-18 State Budget and is being managed … Continued
One person with disabilities is killed by their carer almost every three months in Australia, but these acts of domestic violence are often excused by the media and judiciary. The focus is too often on the killer. Here, we recognise the victims.
An intellectually disabled man who spent 18 months in jail despite being found unfit to stand trial has been released from custody after 543 days.
The ACT Human Rights Commission says a man whose application for the NDIS was lodged more than a year before his release from prison ultimately returned to jail after the relevant agency failed to process his claim and left him in the community without the necessary supports.
The former fruit picker and cleaner, who was injured at work in July 2016, is locked in a fight with Sunsuper, one of Australia’s largest superannuation funds. She has accused them of failing to properly pay out her permanent disability claim, and compensation lawyers say she is one of many being put under severe financial stress by the organisation.
The church’s governing bodies, the Australian Catholic Bishops Conference (ACBC) and Catholic Religious Australia, wrote to the Government saying they were keen to participate “to limit future trauma for survivors of abuse in obtaining redress from the Church”.
In NSW there were 1087 cases of assaults on people living with disability in group accommodation reported to the state ombudsman since 2014. Children with disability are at least three times more likely to experience abuse than other children. Frighteningly, over 90% of women with an intellectual disability have been victims of sexual assault. We have not done enough to combat the discrimination that many of these people face when their claims are finally heard in our judicial system.
The federal government plans to cancel the disability support pension for thousands of prisoners, regardless of whether they’ve been found guilty or are still on remand.
Many Australians living with disabilities are still treated as second-class citizens, and the legal profession needs to do better in its facilitation of opportunities for those people to not only participate, but also flourish, according to the nation’s leading disability discrimination advocate.