A Call for Better Access to Justice on International Day of People With Disability

On International Day of People with Disability, the Australian Human Rights Commission's Disability Discrimination and Social Justice Commissioners have renewed their call for a change in legislation to allow the courts to be more flexible in how they hear evidence in criminal cases involving people with disabilities.

The limited research on the numbers of people with disability in the criminal justice system highlights that people with a cognitive or intellectual impairment are over-represented. In New South Wales, for example, at least 13 per cent of the prison population has an intellectual disability, which is almost five times the rate of the general population.

Disability Discrimination Commissioner Graeme Innes said "it is important to have consistency across the country to protect vulnerable witnesses who have difficulty communicating. This allows them the same access to justice as other Australians."

The recently released 2013 Social Justice Report notes that the rate of incarceration is significantly worse if you are also an Aborigine or Torres Strait Islander. It is well known that an indigenous person is 14 times more likely than a non-indigenous person to be incarcerated.

The Australian Human Rights Commission has continually raised concerns regarding Aboriginal and Torres Strait Islander people with a cognitive impairment in the criminal justice system.

Social Justice Commissioner Mick Gooda said "our legal systems need to put in place processes, which afford a fair hearing. Law makers need to consider what measures can be taken, such as engaging interpreters, to overcome the difficulties that prevent people with disabilities from being heard effectively in our courts."

"In order to ensure access to justice, appropriate training for people working in the administration of justice needs to be provided. As the law currently stands, people with an intellectual disability are often viewed as unreliable witnesses." said Commissioner Innes.

For example because police are not aware of the issues, court diversion programs are not being used effectively and alternative accommodation does not exist, many people with a cognitive or intellectual disability are instead indefinitely held in prison.

One of the biggest barriers to addressing the problem of Aboriginal or Torres Strait Islander people with cognitive impairment being over-represented in criminal justice settings across Australia, is the lack of comprehensive data available.

Recent research by the Aboriginal Disability Justice Campaign points to the difficulty in quantifying the exact numbers because not all Australian jurisdictions collect relevant data, it is mainly state based to date and some appear to have no data on cognitive impairment at all.

Both Commissioners will be looking to take this issue forward in 2013. This will involve speaking further with various relevant organisations about what needs to happen.

The Australian Human Rights Commission will also be working with the University of New South Wales' School of Social Sciences on a joint project entitled Access to Justice for People with a Communication Impairment. A component of this project will deal with access to justice for Aboriginal and Torres Strait Islander people with a cognitive disability.

Media contact: Neena Mairata (02) 9284 9862 or 0417 957 525

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