Responsibility: State and territory governments
Response:
QLD: Accept
ACT, NSW, SA, TAS, VIC, WA, NT: Accept in principle
Australian Capital Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
This is an area of development for ACT Corrective Services. During the induction and screening process, referrals can and are made to ACT Corrective Services' Supports and Interventions Unit (SIU) where disability support/s are needed. The Supports and Interventions Unit (SIU)liaise with Cultural Support staff and make referrals to Winnunga and Justice Health as required to ensure the needs of First Nations people with a disability are met. Detainees can also self-refer to Supports and Interventions Unit (SIU), Winnunga and Justice Health.
ACT government response July 2024
ACT Government will continue to consider how to enable information sharing opportunities following screening and associated assessments to best support Aboriginal and Torres Strait Islander detainees attending and engaging with the ACT Courts and Tribunal on their case matters. ACT Government will also consider this recommendation in the context of disability screening and assessment in youth detention in the ACT.
New South Wales
Response: Accept in principle
Status: In progress
What has been achieved to date
The Justice Health NSW Aboriginal Health Directorate is focused on expanding the Aboriginal Health service delivery and improving health services and outcomes for Aboriginal patients across Justice Health NSW. The directorate provides strategic leadership to enhance pathways of care and prioritise the needs of Aboriginal patients, including:
- developing the cultural capacity of Justice Health NSW to better engage Aboriginal young people and adult patients
- strengthening the capacity of and retaining our Aboriginal workforce
- increasing Aboriginal health partnerships with a range of Aboriginal Community Controlled Health services and non-government organisations.
Youth Justice NSW (YJNSW) is systematically transforming its organisation to better meet the needs of Aboriginal young people.
YJNSW and Aboriginal Legal Service are leading Closing the Gap Target 11 work, which is designed to reduce the number of Aboriginal young people entering custody and improve services and outcomes for young Aboriginal people.
This includes increasing the number of funded Aboriginal Community Controlled Organisations providing Youth Justice services and providing avenues for culture to be used throughout Youth Justice.
YJNSW contracted First People’s Disability Network to review the recently finalised Disability Action Plan 2021–2024. The Youth Justice Disability Action Plan 2021–2024 community led review was completed by First Peoples Disability Network in May 2025. The findings will contribute to the next iteration of the YJNSW disability strategy.
In line with the newly launched CSNSW Aboriginal and Torres Strait Islander Cultural Safety Framework and with the aim of improving outcomes under Target 10 of Closing the Gap, CSNSW is focused on building partnerships with Aboriginal and Torres Strait Islander communities and community led organisations.
NSW government response July 2024
people to thrive, we must create a service system that places Aboriginal culture and Aboriginal families at the centre of everything` we do. We must also ensure that all decisions about Aboriginal people in the justice system are made by Aboriginal people.
The NSW Government welcomes further collaboration, consultation and partnership with Aboriginal communities and Aboriginal led organisations under this recommendation. Improving screening and assessment of suspected disability remains a shared government priority, aligning with improving more broadly outcomes for Aboriginal and Torres Strait Islander people under Closing the Gap targeted reform.
Northern Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
The Northern Territory Government, through its Department of Corrections and Department of Health, is committed to ensuring all services provided to First Nations people in custody, including those with complex health needs, are delivered in a culturally safe and responsive manner.
The well-being of all detainees and prisoners living with disability in custody is of high priority with ongoing access to appropriate assessments, advocacy and supports provided, with the assistance of interpreters, engagement of Aboriginal staff, and partnerships with Aboriginal Community Controlled Health Organisations.
Primary health care providers in youth detention centres are operated by Aboriginal Community Controlled Health Organisations who undertake assessments and provide treatment services such as mental health, social and emotional wellbeing and psychiatric support.
NT government response July 2024
The Northern Territory Government recognises the importance of engaging First Nations organisations to provide culturally safe disability screening and assessment services for First Nations prisoners and detainees. This recommendation aligns with NT Health’s Strategic Plan to focus on providing culturally responsive services and to work in partnerships to address social determinants and community challenges. Any action taken to implement this would depend on the willingness and capacity of Aboriginal Community Controlled Health Organisations at the time of commissioning. The Northern Territory Government remains dedicated to fostering culturally safe practices and partnerships to enhance the wellbeing of all individuals within the justice system.
Queensland
Response: Accept
Status: Further work required
What has been achieved to date
Queensland Corrective Services (QCS) continues to consult and work collaboratively with First Nations Organisations to explore how there can be more culturally safe disability screening and assessment services for First Nations prisoners.
QLD government response
The Queensland Government remains committed to implementing the recommendations of the Disability Royal Commission. The Queensland Government has updated its responses to a range of Disability Royal Commission recommendations to reflect contemporary Queensland Government policy and commitments.
2025 response
The Queensland Government notes the need for further consultation with the First Nations Community Controlled sector to inform this work, and the related work for national practice guidelines for screening in custody at Recommendation 8.14. Further consideration is required about the range of supports offered by such organisations in custodial environments.
The Queensland Government will continue to partner with a range of external organisations and non-government organisations to provide culturally safe disability screening and assessment services for First Nations prisoners.
South Australia
Response: Accept in principle
Status: Further work required
What has been achieved to date
The South Australian government is committed to working in collaboration with First Nations people and organisations to ensure there is culturally safe disability screening and assessment.
South Australian Department of Human Services Youth Justice:
The University of Adelaide has completed their review of the South Australian Youth Justice case management model to identify opportunities to strengthen assessment and case planning.
The South Australian Department of Human Services Youth Justice (DHS YJ) are piloting new assessment and case management tools recommended by the University of Adelaide which consider cultural safety of First Nations children and young people, and are working towards a new case management model and updated assessment tools. Further work to implement this recommendation would require additional resources.
South Australian Department of Correctional Services:
The South Australian Department of Correctional Services have noted the release of the National Review of First Nations Health Care in Prison December 2024.
SA government response July 2024
The South Australian government is committed to working in collaboration with First Nations people and organisations to ensure there is culturally safe disability screening and assessment. The Department for Correctional Services (DCS) uses the Kimberly Indigenous Cognitive Assessment (KICA) to measure dementia for people over the age of 45.
In these cases, engagement occurs with DCS Aboriginal Liaison Officers for advice and consultation to inform the assessment. Further work will be done to understand how this engagement can be strengthened and expanded.
The DHS Youth Justice utilises the Child and Adolescent Intellectual Disability Screening Questionnaire. Whilst it is recognised that this tool has not been validated with Aboriginal populations, guidance is provided to staff through internal procedures, as well as through consultation with Aboriginal staff, to ensure screening is undertaken in a culturally safe way. Further scoping will be undertaken to strengthen this process in partnership with Aboriginal organisations as part of a review into case management currently underway.
Tasmania
Response: Accept in principle
Status: In progress
What has been achieved to date
The Tasmanian Department of Justice, Department for Education, Children and Young People, and Department of Health provides support for Aboriginal and Torres Strait Islander people in custody. These Agencies are exploring how cultural safety supports for people with disability intersects with Closing the Gap and Commission of Inquiry recommendations and projects.
TAS government response July 2024
The Tasmanian Government accepts this recommendation in principle.
The Tasmanian Government is committed to supporting First Nations people in custodial settings.
This recommendation aligns with our commitment to Closing the Gap.
The Tasmanian Government employs Aboriginal Liaison Officers in the Tasmanian Prison Service. Correctional Primary Health Services also seek specific advice from the Tasmanian Aboriginal Centre on individual case issues.
Victoria
Response: Accept in principle
Status: Further work required
What has been achieved to date
Some components of the recommendation have been delivered or are on track for delivery.
Opportunities for Victorian Aboriginal Community Controlled Health Organisations (ACCHOs) to provide disability screening and assessment services in custody will be explored through broader work with ACCHOs
In the interim, where a cognitive impairment is suspected a referral can be made to a multidisciplinary disability team for assessment and support. Primary health service providers also consider disability as part of reception health assessments in adult custodial settings as part of the Quality Framework 2023. All health providers in custodial settings are required to provide culturally safe services and are encouraged to engage with and partner with ACCHOs to do so. All Aboriginal and Torres Strait Islander people in custody are offered an Aboriginal Health Appointment with an Aboriginal Health Practitioner or Aboriginal Health Worker within 7 business days of entering custody. An Aboriginal Health Check is also offered within 29 days and is used to inform integrated care plans and follow-up care. This provides an additional opportunity to identify disability in a culturally safe way.
The Victorian Government Department of Justice and Community Safety has partnered with the Aboriginal community to develop the Aboriginal Youth Social and Emotional Wellbeing Strategy (the Strategy). This has been a key recommendation from Wirkara Kulpa: Aboriginal Youth Justice Strategy 2022-2032 and the Commission for Children and Young People’s Our Youth Our Way report. The Strategy was completed in early 2025 and scheduled for release later this year. It includes recommendations aimed at enhancing cultural safety and cultural responsiveness of service provision and the promotion of social and emotional wellbeing of Aboriginal children and young people, including those with intersectional needs, who are involved with Youth Justice.
Youth Justice currently conducts timely cognitive disability screens for all young people within 14 days of the commencement of a custodial or community order. In acknowledging the overrepresentation of young people with disability among First Nations people, the Victorian Government commits to working alongside the Aboriginal Principal Practitioner to explore appropriate culturally safe disability screening and assessment services. There is a further commitment to ensuring that the current training package ‘Supporting Aboriginal Young People and Children in Youth Justice’ is reviewed with a disability lens.
VIC government response July 2024
We accept this recommendation in principle.
We are partnering with Victorian Aboriginal Community Controlled Health Organisation to design and develop Aboriginal-led models of primary health care.
As part of this work, we will consider ways for Aboriginal Community-Controlled Health Organisations to provide disability screening and assessment services in custody.
In the interim, primary health service providers in adult public prisons must record any needs relating to preidentified disability or cognitive impairment. This is a requirement in the Healthcare Services Quality Framework for Victorian Prisons 2023.
Health service providers in youth justice custodial settings must have procedures in place to identify disability. They must clearly record disability status in the health records.
All health providers in adult and youth custodial settings must provide culturally safe services. We encourage them to engage and partner with Aboriginal Community-Controlled Health Organisations to do so.
Aboriginal and Torres Strait Islander people in adult public prisons are offered an Aboriginal Health Check within 10 days of entering custody. This check is undertaken by an Aboriginal Health Practitioner, an Aboriginal Health Worker or supported by an Aboriginal Health Liaison Officer. It is a chance to identify disability in a culturally safe way.
For all young people, we conduct cognitive disability screens within 14 days of the commencement of a custodial or community order.
We acknowledge the overrepresentation of First Nations young people with disability in youth justice.
We will work alongside the Aboriginal Principal Practitioner to explore appropriate, culturally safe disability screening and assessment services.
We will also apply a disability lens when we review the current training package for supporting Aboriginal young people and children in youth justice.
Western Australia
Response: Accept in principle
Status: Further work required
What has been achieved to date
This recommendation is contingent on the development of the National practice guidelines, and the guidelines will inform the development of policies and practices.
WA government response July 2024
The WA Government accepts in principle this recommendation. Corrective Services are committed to ensuring the cultural safety of Aboriginal and/or Torres Strait Islander people and acknowledges that their needs are complex and diverse.
What the Disability Royal Commission said in the final report
State and territory corrective service and youth justice agencies and justice health agencies should engage First Nations organisations, including Aboriginal Community Controlled Health Organisations, to provide culturally safe disability screening and assessment services for First Nations prisoners and detainees.
More recommendations
View progress on other recommendations made by the Royal Commission.