Disability Royal Commission Progress Report 2025

Volume 8 – Criminal justice and people with disability

Volume 8 of the Final Report on the experiences of people within the criminal justice system.

Volume 8 of the Final Report on the experiences of people within the criminal justice system.

This volume includes 24 recommendations that propose changes in better protecting human rights, policies and procedures, children and young people, improving access to supports, adjustments services and screening, advocacy, improving data collection, clarify roles and responsibilities, education and training for people with disability in contact with the criminal justice system. Recommendations for change also included actions and investment to address violence experienced by women and children with disability.

The table below outlines progress made against recommendations in this volume.

Read more about the status definitions in the Reader's Guide.

NumberRecommendationLead JurisdictionResponseStatus
8.1Conditions in custody for people with disabilityState and territory governments

Accept: VIC

Accept in principle: ACT, NSW, QLD, SA, TAS, WA, NT

Please see individual state and territory updates
8.2Disability awareness in OPCAT monitoringAustralian, state and territory governments

Accept in principle: Commonwealth, ACT, NT, TAS

Subject to further consideration: NSW, QLD, SA, VIC, WA

Please see individual state and territory updates
8.3Prohibiting solitary confinement in youth detentionState and territory governments

Accept: TAS, VIC

Accept in part: NSW

Accept in principle: ACT, QLD, SA, WA, NT

Please see individual state and territory updates
8.4Screening and assessment for disability in youth detentionState and territory governments

Accept: SA, VIC

Accept in principle: ACT, NSW, QLD, TAS, WA, NT

Please see individual state and territory updates
8.5Disability training for staff in youth detentionState and territory governments

Accept: ACT, QLD, SA, TAS, VIC, WA, NT

Accept in principle: NSW

Please see individual state and territory updates
8.6Western Australia youth detention staff retentionState and territory governments

Accept in principle: WA:

Note: ACT, QLD, SA, TAS, VIC, NSW, NT

Please see individual state and territory updates
8.7Western Australia youth detention operating philosophyState and territory governments

Accept in principle: WA

Note: ACT, QLD, SA, TAS, VIC, NSW, NT

Please see individual state and territory updates
8.8Inspector of Custodial Services Act 2003 (WA)State and territory governments

Accept in principle: WA

Note: ACT, QLD, SA, TAS, VIC, NSW, NT

Please see individual state and territory updates
8.9Use of seclusion in New South Wales Justice Health and Forensic Mental Health NetworkState and territory governments

Accept: NSW 

Note: ACT, QLD, SA, TAS, VIC, WA, NT

In progress
8.10Transition from custodial supervision in the Northern TerritoryState and territory governmentsNote: ACT, NSW, QLD, SA, TAS, VIC, WA, NTFurther work required
8.11Information for courts and legal practitionersAustralian, state and territory governments

Accept in principle: Commonwealth, ACT, NSW, NT, QLD, SA, TAS, VIC

Accept: WA

Please see individual state and territory updates
8.12Implementation of the National PrinciplesAustralian, state and territory governments

Accept in principle: Commonwealth, ACT, NSW, NT, QLD, TAS, WA

Subject to further consideration: SA and VIC

In progress
8.13Data about people detained in forensic systemsAustralian, state and territory governmentsAccept in principleIn progress
8.14National practice guidelines for screening in custodyState and territory governments

Accept: QLD

Accept in principle: ACT, NSW, SA, TAS, VIC, WA, NT

Please see individual state and territory updates
8.15Policies and practices on screening, identifying and diagnosing disability in custodyState and territory governmentsAccept in principle: QLD, ACT, NSW, SA, TAS, VIC, WA, NTPlease see individual state and territory updates
8.16Support by First Nations organisations to people in custodyState and territory governments

Accept: QLD

Accept in principle: ACT, NSW, SA, TAS, VIC, WA, NT

Please see individual state and territory updates
8.17NDIS Applied Principles and Tables of Support concerning the justice systemAustralian, state and territory governmentsSubject to further considerationSubject to further consideration
8.18Timing of NDIA-funded transition supportsAustralian GovernmentAcceptIn progress
8.19Amendment of the Disability Discrimination Act 1992 (Cth) to cover police provision of ‘services’Australian GovernmentAccept in principleIn progress
8.20Improving police responses to people with disabilityAustralian, state and territory governmentsAccept in principleIn progress
8.21Diversion of people with cognitive disability from criminal proceedingsState and territory governments

Accept: NSW

Accept in principle: ACT, QLD, WA

Subject to further consideration: SA, TAS, VIC, NT

Please see individual state and territory updates
8.22Age of criminal responsibilityState and territory governments

Accept: ACT

Accept in part: VIC

Do not support: QLD

Do not accept: NT

Accept in principle: TAS

Subject to further consideration: NSW, SA, WA

Please see individual state and territory updates
8.23Action plan to end violence against women and children with disabilityAustralian, state and territory governmentsAccept in principleIn progress
8.24Disability-inclusive definition of family and domestic violenceAustralian, state and territory governments

Accept in principle: Commonwealth, VIC

Subject to further consideration: ACT, NSW, NT, QLD, SA, TAS, WA

Further work required
Date last updated:

Help us improve health.gov.au

If you would like a response please provide an email address. Your email address is covered by our privacy policy.