I'd like to welcome you all to this launch of a very important report.
Equal before the law towards disability justice strategy.
Commissioner Innes traveled around the country
holding public meetings and consulting far and wide.
And as he did so, patterns of discrimination
started to emerge, and it became clear that
people with disabilities are often viewed as not
credible, not capable of giving evidence, or unable
to participate in legal proceedings.
As a result, many are left without
protection from ongoing violence amongst other negative outcomes.
>> The primary aim of our consultations prior to the preparation
of this report, was to hear the voices of Australians with disabilities.
Particularly those with complex support or communication needs.
We certainly met with others, but our primary
intention was to hear and share those stories.
And so it's therefore appropriate that we hear from
two such people who are also well qualified to speak
due to their involvements with disability organizations, and in the justice sector.
>> The criminal justice system can be very, very frightening.
An extremely frightening experience for anyone,
whether they have a disability or not.
People with disability in the criminal justice system, face a tremendous amount
of barriers, and that they're quite varied in terms of what they have to face.
But I think
there, there, the ability, if you don't have the ability to communicate, it can be
a much more daunting experience for you. And those barriers are enormous.
And then if you add the complexities of the system which is really a maze for
people to navigate from dealing with the police, going through the court system.
And then being released and going back into the community, it is so overwhelming.
>> Sadly, I suspect, for those of us who have worked around this
issue for many years, this report bares no surprises.
Access to the criminal justice system for people with disability, particularly those
needing communication supports, and people who
have complex and multiple support needs is
basically non existent.
Violence against this group of people is seldom prosecuted,
or even brought to the attention of police.
I would like you to imagine for a second
you have just been sexually assaulted.
You cannot speak, you do not have a communication device.
Nor do you have access to an independent
communication support worker.
This means you are unable to tell anyone what has happen to you.
You're unable to call or visit a police station to report the incident.
You are trapped within your silence.
Violence against people with disability is often covered up
by the same systems that are designed to support them.
>> Australians with disabilities, particularly those
with communication challenges or complex support needs.
Do not receive equal treatment in our criminal justice system,
this is true whether they are victims, witnesses, or alleged offenders.
This results in a number of things, negative
outcomes including increased chance of being victims of
violence Difficult experiences with police.
Lack of time and understanding in the court system.
Higher rates of incarceration, and higher likelihood
of longer time in jail and re-offending.
This is a problem for all of us.
Not only is more damage done to people with
disabilities, who have negative experiences in the justice system.
But because such people spend longer time there, and are not
dealt with appropriately, it increases the cost to the whole community.
The problems cannot continue.
90% of Australian women with intellectual disability have been
subjected to sexual abuse, just think about that 90%.
There are currently at least 20 to 30 people in our prison
systems who just like Marlon, have not been convicted of an offense.
They've been found unfit to plead, and jails are the only accommodation option.
From 1989 to 2011, 105 people were shot by
police, and 42% of those people had a mental illness.
Sadly, the human right's commission has not
found the silver bullet, I wish we had.
Our report lists programs and services currently in
place, which provide better access to the criminal justice
system for people with disabilities.
And it proposes the development of disability
justice strategy in each state or territory.
If someone is a victim of a
crime, Australians would expect the system to respond.
If someone seeks to give evidence in
court, Australians would expect that to be facilitated.
And if someone is accused of a crime, Australians would
expect them to receive fair and equal treatment.
Our criminal justice system is not meeting those
expectations for people with disabilities, that must change.
I'm pleased to launch this Australian Human Rights Commission report, and trust
that it sets a foundation for better justice pathways in the future.
Thank you very much.