Responsibility: State and territory governments
Response: QLD, 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
As per Recommendation 8.14, ACT Corrective Services has established a fully embedded three-stage induction process which includes screening for various disabilities/impairments and continues to refine and update its Disability Framework and associated procedures in line with national guidelines as required. It is noted that ACT Corrective Services is working on a Disability Data Project which will assist with our ability to extract disability related data from our offender information management system.
ACT government response July 2024
As part of its Disability Action and Inclusion Plan, ACT Corrective Services is continuing to investigate opportunities to improve data capture on individuals with disability interacting with ACT Corrective Services (e.g. onboarding survey and disability screening or assessment tools), noting the need for consent and transparency of data usage. ACT Corrective Services will ensure the final product is consistent with the national practice guidelines. Bimberi Youth Justice Centre utilises the Tool for Identifying Reasonable Adjustments (TIRA) to undertake early screening of reasonable adjustment need and refer on for further assessments as required.
New South Wales
Response: Accept in principle
Status: Further work required
What has been achieved to date
This recommendation is dependent on the development of national practice guidelines for screening in custody (Recommendation 8.14).
In the meantime, Justice Health NSW continues to undertake a reception screening assessment for adults entering custody. The assessment covers primary, mental and population health. This screens for NDIS status.
Further disability screening is undertaken by Corrective Services NSW (CSNSW). CSNSW has robust screening practices and will review its existing policies and procedures around screening and diagnosis of disability with national practice standards and guidelines once finalised.
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). National practice guidelines for screening in custody are being considered by this group, which has representation from across all state and territory youth justice agencies.
NSW government response July 2024
NSW Government is committed to working with other states and territories to develop and harmonise national practice standards and guidelines.
NSW Government will review policies and practices around screening and diagnosis of disability to align with national practice guidelines once they are finalised.
Northern Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
Whilst national guidelines have not been developed, the Northern Territory’s Department of Corrections has introduced a multi-disciplinary team to facilitate NDIS assessments. A new flag within the Integrated Offender Management System has been developed to clearly identify people with disability, aligned to the Specialist Assessment and Treatment Service team practice guidance and policy on screening, identifying and diagnosing disability in custody.
The Northern Territory is currently in the process of reviewing and updating its youth detention policy disability practices.
NT government response July 2024
The Northern Territory Government accepts in principle the recommendation to ensure that policies and practices concerning screening, identification, and diagnosis of disability in people in custody align with national practice guidelines. It is recognised that certain aspects of the proposed guidelines may pose practical challenges in the Northern Territory, such as the requirement for screening upon reception into custody. Given the capacity and demographics of smaller jurisdictions like the Northern Territory, screening practices will be tailored to address these factors effectively. The Northern Territory Government remains dedicated to implementing strategies that prioritise the wellbeing and support of individuals in custody.
Queensland
Response: Accept in principle
Status: In progress
What has been achieved to date
A National Practice Guideline has not yet been developed, and Queensland Corrective Services (QCS) and the Department of Youth Justice and Victim Support (DYJVS) have not received information from lead bodies regarding commencement timeframes.
Queensland agencies remain committed to supporting the development of these guidelines and aligning its policies and practices when the National Guidelines are established.
Until this time, QCS and DYJVS will continue to advance its programs of work, focusing on enhancing its ability to identify prisoners and young people with disabilities and improving the supports and services available to address their needs.
QLD government response July 2024
The Queensland Government notes the need to align policies and practices on screening, identification and diagnosis of disability for people with disability in custody with the proposed National Practice Guidelines. The Queensland Government notes completion of this recommendation is subject to the development of national practice guidelines (see Recommendation 8.14).
South Australia
Response: Accept in principle
Status: Further work required
What has been achieved to date
Work to deliver this recommendation has not yet commenced in South Australia.
The South Australian government notes this recommendation relies on the outcome of Recommendation 8.14.
SA government response July 2024
The South Australian government will work closely with other states and territories and the Australian Government to scope national practice guidelines as per Recommendation 8.14.
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 are exploring options regarding this recommendation, including the development of a Disability Services Framework to provide a coordinated and baseline service delivery approach to people with disability engaged with criminal justice services in detention and custodial settings.
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 also 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
Further action is dependent on the completion of other reform work before some activities can progress (see progress update for Recommendation 8.14).
Work on this recommendation is contingent on development of the national practice guidelines and any alignment to these guidelines will likely require sustained funding.
The Victorian Government conducts timely disability screens for young people in Youth Justice within specified timeframes. Youth Justice Specialist Disability Advisors (SDAs) maintain collaborative relationships with stakeholders such as community disability services, DFFH and the National Disability Insurance Agency (NDIA) to promote appropriate and continuing care for Youth Justice involved young people. 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 will need to review existing legislation, policy and practice principles to make sure they align with the National Practice Guidelines.
Corrections Victoria is developing a risk factor checklist for cognitive impairment. This will flag a suspected cognitive impairment. It will prompt referral for further diagnosis. It will also allow us to adapt services for people in custody with a suspected or confirmed cognitive impairment.
Corrections Victoria also delivers training for the corrections custodial workforce about:
- signs of cognitive impairment
- the definition of cognitive impairment
- guidance to support staff in working with this cohort.
To align our work with any national practice guidelines, we will likely need sustained and increased funding for prison-based disability supports and capability uplift for custodial staff.
Health service providers in adult public prisons must comply with the National Safety and Quality Health Service Standards and National Standards for Disability Services through the Healthcare Services Quality Framework for Victorian Prisons 2023.
Youth Justice conducts timely disability screening for young people in Youth Justice within specified timeframes. Youth Justice Specialist Disability Advisors maintain collaborative relationships with stakeholders to provide care for young people involved with Youth Justice. Stakeholders include community disability services, the Department of Families, Fairness and Housing and the National Disability Insurance Agency.
On admission to custody, all young people receive a general nursing assessment and mental health assessment (within 12 hours for Aboriginal children and young people, or within 24 hours for non-Aboriginal children and young people). They receive a comprehensive health assessment from a medical practitioner within 72 hours of arrival. This provides the basis of ongoing healthcare for the child or young person while they are in custody.
The Youth Justice Primary Health Quality Framework 2023 requires that the primary health providers respond to the needs of children and young people in custody with a disability. This includes cognitive impairment, mental illness, acquired brain injury, sensory, physical and neurodiverse disabilities.
Health providers are also expected to proactively plan and deliver integrated care to children and young people with a disability. This must be done in consultation with the child or young person and other stakeholders. In addition, health providers must establish and maintain links with Youth Justice Disability Services and custodial staff. This ensures continuity of services and referral to the NDIS as appropriate.
If these assessments identify any special needs, including in relation to disability, Youth Justice and the primary health service will engage with the appropriate team or service provider for follow-up.
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. Implementation is subject to the development of national guidelines as recommended in Recommendation 8.14. Further consultation with impacted agencies is required, noting there are different processes for screening, assessment and data collection in the adult and youth custody systems, and within police settings.
What the Disability Royal Commission said in the final report
State and territory governments should 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.
More recommendations
View progress on other recommendations made by the Royal Commission.