Access to Justice Recommendations from Senate Enquiry into Abuse Neglect and Exploitation

Access to Justice

Recommendation 6

10.32 The committee recommends the Australian Government work with state and territory governments on the implementation of initiatives to improve access to justice for people with disability contained in the reports by the Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, the Human Rights Commission, Equal Before the Law, and Productivity Commission, Access to Justice Arrangements, with particular focus on:

• better intervention and support services; • expanded Community Visitor's schemes; • improved witness support services to people with disabilities; • creation of an assessment protocol that assists police, courts, and

• training for police, lawyers and others in justice in needs of people with disability

• where a person who has been found unfit to plead is to be held in detention, demonstrate that all reasonable steps have been taken to avoid this outcome, and that person must be held in a place of therapeutic service delivery.

Recommendation 7

10.33 The committee also recommends that each state and territory implement a Disability Justice Plan.

Recommendation 8

10.34 The committee believes that there is a need for further investigation of access to justice issues, with a focus on:

• national implementation of the South Australian model to ensure people with disability are able to provide evidence;

• the implementation requirements for supported decision-making;

• investigating the potential for the UK system of registered intermediaries;

• the access to justice needs of specific groups such as women, children, culturally and linguistically diverse communities and Aboriginal and, Torres Strait Islander peoples; and

• the indefinite detention of people with cognitive impairment or psychiatric disabilities. correctional institutions in identifying people with disabilities. Where identified, a trained officer will provide support;

• transparent, effective and culturally appropriate complaints handling procedures