WA to review disability justice

The Australian Human Rights Commission has received assurances from the West Australian government that it will take into account indefinite detention of people with disability in its current review of criminal legislation.

In a meeting in Perth on Thursday, WA's Attorney General, Michael Mischin, told the Disability Discrimination Commissioner, Graeme Innes, that he would be assessing the treatment of people who are deemed not fit to plead.

"I welcome this review and the inclusion of indefinite imprisonment and I encourage other states and territories to do the same. As I've said before, prison is simply not an alternative accommodation option for people with disabilities," said Commissioner Innes.

"I am pleased to say that Mr Mischin understands this and is committed to opening disability justice centres in his state to ensure that such arbitrary and unjust detainment is avoided in the future."

Commissioner Innes and Mr Mischin also discussed the case of Rosie Anne Fulton, an Aboriginal woman with intellectual disability who has been held in Kalgoorlie prison for 18 months.

Ms Fulton was accused but not convicted of crimes relating to the use of a motor vehicle.

She was found unfit to plead as a result of her disability.

Ms Fulton and her guardian have sought her return to her homelands near Alice Springs, to stay in a secure care centre designed to house people with intellectual disabilities.

"We launched a report in February which demonstrated the lack of equal access to justice for Australians with disabilities, and this is just one example of a bigger problem," he said.

In 2010, the Commission wrote to the NT Chief Minister with concerns about adequate care facilities for people with disabilities who are unfit to plead. In 2008, the Commission released a report containing recommendations in how the justice system can best accommodate for young Indigenous people with disability.

Commissioner Innes is hoping other states and territories will conduct similar reviews and audits.

Up to the minute information on human rights is now available on twitter at twitter.com/AusHumanRights.