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
ACT Corrective Services continues to refine and update the ACT Corrective Services Disability Framework in line with national practice guidelines and policies as required.
The Support for Detainees and Offenders with Additional Needs Policy is being reviewed in 2025, as part of the ACT Corrective Services Disability Action and Inclusion Plan 2024-2026.
ACT Corrective Services have a fully embedded three-stage induction process that provides opportunities for the identification of cognitive, psychological and functional impairments. A variety of referral processes have been developed and implemented, allowing stakeholders and support services to conduct additional assessments as necessary. The induction process encourages a streamlined and efficient assessment structure which in turn provides an improved level of service overall.
ACT government response July 2024
ACT Courts and Tribunal and ACT Corrective Services will continue to work to enable information sharing opportunities following screening and associated assessments, to best support people with disability while attending and engaging with the ACT Courts and Tribunal on their case matters. The ACT Corrective Services Disability Framework (the Framework), released in 2023, outlines how ACT Corrective Services commits to placing the client with disability at the centre of service planning and delivery. The Framework provides a guide to what best practice looks like in the correctional environment when working with people with disability. ACT Corrective Services will continue to refine and update the framework in line with national practice guidelines and policies as required. The ACT Government will further consider how this recommendation aligns with existing structures regarding youth justice, including the Australasian Youth Justice Administrators Standards.
New South Wales
Response: Accept in principle
Status: Further work required
What has been achieved to date
Youth Justice NSW (YJNSW) is commencing planning and stakeholder consultation for the next iteration of their disability strategy. This recommendation will be considered as part of the strategy.
YJNSW is a member of the Australasian Youth Justice Administrators (AYJA). This recommendation is being considered by this group which has representation from across all state and territory youth justice agencies.
Corrective Services NSW (CSNSW) is also committed to working with other states and territories to develop national practice guidelines and policies for disability screening in custody.
Justice Health NSW will participate in any work being undertaken to ensure that policies and practices concerning screening, identification and diagnosis of disability in respect of people with disability in custody are consistent with the national practice guidelines.
NSW government response July 2024
The NSW Government is committed to working with other States and Territories to develop national practice guidelines and policies for disability screening in custody.
Guidelines and policies developed will need to be culturally appropriate, trauma-informed, consider lived experience of people with a disability and developed in partnership with people with lived experience including Aboriginal communities and Aboriginal led organisations.
Northern Territory
Response: Accept in principle
Status: Further work required
What has been achieved to date
While national practice guidelines for screening in custody have not yet been developed, the Northern Territory Government remains committed to screening prisoners and detainees for disability and support identified needs. Screening for disability in both the adult correctional and youth justice space commences at reception in the various facilities.
The Northern Territory’s Department of Corrections has recently introduced a NDIS Team to identify and support people with disability in custody and to work collaboratively with key stakeholders including the National Disability Insurance Agency (NDIA).
The newly formed team are reviewing current prisoner health practices to support streamlined identification and referral pathways.
For young people in custody, this service continues to be provided through the Specialist Assessment and Treatment Services team, which liaises with the NDIS Offender Services Team and NDIA Justice Liaison Officers in both the Darwin and Alice Springs facilities.
NT government response July 2024
The Northern Territory Government acknowledges and accepts, in principle, the recommendation to develop national practice guidelines and policies regarding screening for disability and identification of support needs in custody. While fully supporting the involvement of people with lived experience and expertise, it is noted that certain aspects of the proposed guidelines may present practical challenges specific to the Northern Territory context, for example, the requirement for screening upon reception into custody. However, the Northern Territory Government is committed to working collaboratively to address these challenges and implement effective strategies to ensure the wellbeing and support of individuals in custody.
Queensland
Response: Accept
Status: Further work required
What has been achieved to date
Queensland Corrective Services (QCS) and the Department of Youth Justice and Victim Support (DYJVS) are committed to contributing to the national practice guidelines and policies relating to screening for disability and identification of support needs in custody.
The expansion of disability services within QCS will allow for greater specialist staff to be involved in the development of a National Practice Guideline. In the interim, QCS’s Disability Services Team will continue to improve the identification and assessment of prisoners with disabilities and foster greater disability awareness across the agency. In the interim, DYJVS will continue progressing with the rollout of a neurodevelopmental disability framework and third-party service for screening and assessment of young people in contact with the youth justice system as part of a staged roll out.
QLD government response July 2024
The Queensland Government notes:
- further consideration of a national screening tool that is broadly applied and culturally appropriate is required; and
- the recommended culturally safe disability screening and assessment services for First Nations prisoners and detainees (Recommendation 8.16).
The Queensland Government will work with other states and territories to develop national practice guidelines that are established on contemporary evidence, best practice and consultation.
South Australia
Response: Accept in principle
Status: Further work required
What has been achieved to date
The South Australian government is committed to working with other jurisdictions and the Australian Government to understand what a set of national practice guidelines could look like to improve processes for screening and identifying disability in custodial settings and how it would interact with existing processes in South Australia.
South Australian Department of Human Services Youth Justice:
The South Australian Department of Human Services Youth Justice notes that Australasian Youth Justice Administrations (AYJA) will be having a preliminary discussion with States to resolve their positions prior to any national position being adopted by AYJA.
South Australian Department of Correctional Services:
The South Australian Department of Correctional Services (DCS) notes that this proposal is due to be tabled at the Corrective Services Administrators’ Council.
SA government response July 2024
The South Australian government is committed to working with other jurisdictions and the Australian Government to understand what a set of national practice guidelines could look like to improve processes for screening and identifying disability in custodial settings and how it would interact with existing processes in South Australia.
Tasmania
Response: Accept in principle
Status: Further work required
What has been achieved to date
Tasmanian Government Agencies will engage in the development of National practice guidelines for screening in custody, and will consider the alignment of current practices with national guidelines and policies.
TAS government response July 2024
The Tasmanian Government accepts this recommendation in principle.
The Tasmanian Prison Service is currently reviewing policies and procedures for people with disability.
The Tasmanian Government is committed to working with the Australasian Youth Justice Administrators on national practice guidelines and policies relating to screening for disability and identification of support needs in custody.
Correctional Primary Health Services also provide screening processes for prison entrants in relation to disability.
Further work will be required to align current practices with national guidelines and policies.
Victoria
Response: Accept in principle
Status: Further work required
What has been achieved to date
In Victoria, Health Service Providers in prison continue to screen every person who enters prison for health and mental health concerns and conducts assessments for those transitioning out of prison (both under sentence and on remand) to support release planning, including health and disability support needs.
While the initial Victorian Government response noted that there is no overarching diagnostic screening tool for cognitive impairment, the adult custodial system has processes in place to support referral of people suspected of having a cognitive impairment with further work underway to investigate options to strengthen this process. Through participation in the Corrective Services Administration Council, DJCS will engage with other states and territories on the development of any future national guidelines in line with the DRC’s recommendation.
Youth Justice currently conducts timely cognitive disability screens for young people within 14 days of the commencement of a custodial or community order or a Youth Control Order Meeting is held, (unless the young person has a known diagnosed cognitive disability) for the purpose of engaging suitable and appropriate services as indicated, inclusive of targeted clinical assessment to confirm cognitive disability. Youth Justice also currently ensures expert assessment for young people in Youth Justice - within 14 days from referral to the Youth Offending Program based on eligibility including assessed level of reoffending risk, order type and length. Youth Justice's Specialist Disability Advisor team also manages a package of brokerage available to support expert assessment, including neuropsychological assessment.
VIC government response July 2024
We accept this recommendation in principle.
We propose that the Corrective Services Administrators' Council should provide advice regarding this recommendation to the Corrective Services Ministers' Council, which meets annually.
Any national practice guidelines for screening in custody should consider that there is no overarching diagnostic screening tool for cognitive impairment.
To confirm a diagnosis, a comprehensive clinical assessment needs to be conducted. This needs to be done by a psychologist, neuropsychologist or medical professional. It is a costly process.
Currently, all adults entering custodial facilities in Victoria are screened for health and mental health concerns. Within 4 weeks, they must be asked if they have an NDIS plan to support release planning.
Under the Healthcare Services Quality Framework for Victorian Prisons 2023, health services in adult prisons must improve their workforce’s capability to meet the needs of priority groups in prison. This includes people with disabilities.
For adults, disability assessments can be arranged through Forensic Disability Services, the Multiple and Complex Needs Initiative and the Prison Disability Support Initiative. Forensicare provides an initial screening of all adults entering custody. This assesses some psychosocial and speech impairments, but it is not a disability screening.
For young people in custody, our response to recommendation 8.4 sets out the current arrangements for disability screening in youth justice settings.
We are implementing the Multi-Agency Risk Assessment and Management (MARAM) Framework which includes a tool and guidance for workers to screen for cognitive disability. This includes acquired brain injury indicators.
The MARAM Framework helps workers across the service system identify people who may be using family violence.
The responses to the screening questions are not definitive assessments. However, they may support the worker to adjust their communication approach and refer the person to another service.
Western Australia
Response: Accept in principle
Status: Further work required
What has been achieved to date
Ongoing discussions pertaining to the principles for the management of people in custody with disabilities.
WA government response July 2024
The WA Government accepts in principle this recommendation. Implementation is subject to the development of national guidelines. Western Australia will contribute to the development of national guidelines.
What the Disability Royal Commission said in the final report
State and territory corrective services, youth justice agencies and justice health agencies, through the Corrective Services Administration Council and equivalent youth justice bodies, should develop national practice guidelines and policies relating to screening for disability and identification of support needs in custody. People with disability, including with lived experience of the criminal justice system, and people with expertise in cognitive disability should be involved in the design of the guidelines and contribute to the approaches to implementation. The guidelines and policies should:
- explain the essential elements of screening and assessment for people with disability, including a trauma-informed approach to identifying disability and the person’s needs
- reduce reliance upon self-disclosure as the primary means of disability identification following admission of a person with disability to custody
- require screening upon reception into custody or shortly thereafter both for prisoners and detainees who have been sentenced and for those on remand
- promote the consistent collection of data and its use to inform system-wide responses
- encourage the development and use of culturally safe disability screening tools that address the particular needs of First Nations people with disability
- encourage the development and use of disability screening tools that are culturally appropriate for people with disability from culturally and linguistically diverse communities
- encourage investment in initial and ongoing training, education and support of staff about disability identification and awareness
- encourage collaborative practices including the engagement of clinicians to conduct assessments to identify the support needs of a person with disability in custody
- require the identification of a disability or impairment to be matched with appropriate support while in custody
- promote the use of screening outcomes to develop plans for prisoners and detainees transitioning to the community
- contribute to appropriate information sharing among agencies including court-based assessments and reports.
More recommendations
View progress on other recommendations made by the Royal Commission.