The letter – whose signatories include people across the social sector, academia and the legal space – notes that the overrepresentation and disadvantage experienced by people with cognitive disability in the criminal justice system has long been recognised.
In juvenile detention facilities and in adult prisons right across Australia, the incarcerated are excluded from Medicare and denied the same level of healthcare as the rest of us. They are denied the PBS. They are also denied the opportunity to access the NDIS. Think about this — our Federal Government denies Medicare to gaoled children as young as ten-year-olds.
The report focuses on matters relevant to people with cognitive disabilities, including mental health and neurological disabilities, which may affect their ability to make decisions without support. The 25 recommendations support reform to improve laws and practices and reduce the impact these laws have on people with cognitive disabilities. Such reforms will enable Australia to meet its obligations under the United Nations Convention on the Rights of Persons with Disabilities.
A relative of an Aboriginal man with a cognitive disability who has been held in indefinite detention for 15 years has told the Disability Royal Commission he was given “shut up medicine”, held in a restraint chair and given limited access to his community and culture.
One of the “most significant reports” ever released by Victoria’s Office of the Public Advocate will recommend that every person entering Australian prisons be screened for cognitive disabilities – a move it says will trigger support for thousands of at-risk people, reduce recidivism rates and, ultimately, change the justice system forever.
Advocates for a First Nations man detained for 14 years in a “hopeless and desperate situation” say they will renew his case for justice with the United Nations to move him to accommodation where he can live his life with “dignity”.
The disability royal commission needs a dedicated First Nations hearing to investigate the overrepresentation of Aboriginal and Torres Strait Islander people in the criminal justice system, Indigenous leaders say.
The UN has twice called on Australia to dismantle its indefinite detention system for people with cognitive impairments and mental illness, which disproportionately affects Indigenous people. Indefinite detention is what happens to defendants in criminal cases when they are deemed unfit to stand trial.
Melanie’s story was revealed as part of the disability royal commission’s examination of the experiences of people with cognitive disabilities in the criminal justice system who are locked in indefinite detention in forensic mental health facilities.
In dismantling our indefinite detention system, the key is to provide more disability-focused support to those at risk of coming into contact with criminal justice systems.
Disability advocates are worried not enough is being done to help members of their community to navigate through Australia’s justice system – that includes victims, witnesses and perpetrators. It’s the latest focus of the Disability Royal Commission, which resumes hearings for the year this morning.
Are you interested in knowing more about laws that affect people with disability? This research report lists key elements of legislation covering people with disability in national, state and territory jurisdictions in a range of areas including housing, employment, transport, NDIS, civil and criminal law to name a few.
Five members of an accused Melbourne crime syndicate have been charged with defrauding the National Disability Insurance Scheme and the Child Care Subsidy of $800,000.
The Agency, with the assistance of the Australian Federal Police, today executed a search warrant at a Kellyville Ridge premises following complaints over the misuse of participant funding. A 37 year old woman is assisting with enquiries.
A Sydney healthcare professional has been charged and $5.3 million worth of assets restrained after allegations she used the National Disability Insurance Scheme to siphon money for personal use.