Submissions to the Senate Inquiry into the detention of people with cognitive and psychiatric impairment are to be submitted by 8th April 2016
Patrick McGee ADJC Coordinator 0448 610 105
STANDING COMMITTEE ON COMMUNITY AFFAIRS References Committee
Mr Patrick McGee
Aboriginal Disability Justice Campaign
On 2 December 2015, the Senate referred the above matter to the Community Affairs References Committee for inquiry and report by 30 July 2016. The full terms of reference are listed at the end of this letter.
The Committee invites you to provide a written submission addressing issues that may be of relevance to you. The Committee would appreciate your submission to be lodged by 8 April 2016. Please contact the secretariat if you wish to make a submission but are unable to do so by this date.
The Committee prefers to receive submissions online as an attached document by accessing the committee website and selecting the Upload Submission Online link at https://senate.aph.gov.au/submissions/pages/logon.aspx https://senate.aph.gov.au/submissions/pages/logon.aspx. Alternatively, submissions may be emailed as an attached document to email@example.com
Submissions become Committee documents and are made public only after a decision by the Committee. Publication of submissions includes loading them onto the internet and making them available to other interested parties including the media. Persons making submissions must not release them without the approval of the Committee. Submissions are covered by parliamentary privilege but the unauthorised release of them is not protected. Information relating to Senate Committee inquiries, including notes to assist in the preparation of submissions, can be located on the Internet athttp://www.aph.gov.au/senate/committee/wit_sub/index.htm http://www.aph.gov.au/senate/committee/wit_sub/index.htm
The Committee will consider all submissions, and may invite individuals and organisations to give evidence at the public hearings.
Should you require further information please contact the Committee Secretariat on (02) 6277 3515.
Jeanette Radcliffe Secretary
TERMS OF REFERENCE
The indefinite detention of people with cognitive and psychiatric impairment in Australia, with particular reference to:
(a) the prevalence of imprisonment and indefinite detention of individuals with cognitive and psychiatric impairment within Australia; (b) the experiences of individuals with cognitive and psychiatric impairment who are imprisoned or detained indefinitely; (c) the differing needs of individuals with various types of cognitive and psychiatric impairments such as foetal alcohol syndrome, intellectual disability or acquired brain injury and mental health disorders; (d) the impact of relevant Commonwealth, state and territory legislative and regulatory frameworks, including legislation enabling the detention of individuals who have been declared mentally-impaired or unfit to plead; (e) compliance with Australia’s human rights obligations; (f) the capacity of various Commonwealth, state and territory systems, including assessment and early intervention, appropriate accommodation, treatment evaluation, training and personnel and specialist support and programs; (g) the interface between disability services, support systems, the courts and corrections systems, in relation to the management of cognitive and psychiatric impairment; (h) access to justice for people with cognitive and psychiatric impairment, including the availability of assistance and advocacy support for defendants; (i) the role and nature, accessibility and efficacy of programs that divert people with cognitive and psychiatric impairment from the criminal justice system; (j) the availability of pathways out of the criminal justice system for individuals with cognitive and psychiatric impairment; (k) accessibility and efficacy of treatment for people who are a risk of harm to others; (l) the use and regulation of restrictive practices and their impact on individuals with cognitive and psychiatric impairment; (m) the impact of the introduction and application of the National Disability Insurance Scheme, including the ability of individuals with cognitive and psychiatric impairment to receive support under the National Disability Insurance Scheme while in detention; and (n) the prevalence and impact of indefinite detention of individuals with cognitive and psychiatric impairment from Aboriginal and Torres Strait Islander and culturally and linguistically diverse backgrounds, including the use of culturally appropriate responses.
(2) That for the purposes of this inquiry:
(a) indefinite detention includes all forms of secure accommodation of a person without a specific date of release; and (b) this includes, but is not limited to, detention orders by a court, tribunal or under a disability or mental health act and detention orders that may be time limited but capable of extension by a court, tribunal or under a disability or mental health act prior to the end of the order.
PO Box 6100, Parliament House Canberra ACT 2600 Tel: (02) 6277 3515 Fax: (02) 6277 5829