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.
| Number | Recommendation | Lead Jurisdiction | Response | Status |
|---|---|---|---|---|
| 8.1 | Conditions in custody for people with disability | State and territory governments | Accept: VIC Accept in principle: ACT, NSW, QLD, SA, TAS, WA, NT | Please see individual state and territory updates |
| 8.2 | Disability awareness in OPCAT monitoring | Australian, 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 |
| 8.3 | Prohibiting solitary confinement in youth detention | State 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 |
| 8.4 | Screening and assessment for disability in youth detention | State and territory governments | Accept: SA, VIC Accept in principle: ACT, NSW, QLD, TAS, WA, NT | Please see individual state and territory updates |
| 8.5 | Disability training for staff in youth detention | State and territory governments | Accept: ACT, QLD, SA, TAS, VIC, WA, NT Accept in principle: NSW | Please see individual state and territory updates |
| 8.6 | Western Australia youth detention staff retention | State and territory governments | Accept in principle: WA: Note: ACT, QLD, SA, TAS, VIC, NSW, NT | Please see individual state and territory updates |
| 8.7 | Western Australia youth detention operating philosophy | State and territory governments | Accept in principle: WA Note: ACT, QLD, SA, TAS, VIC, NSW, NT | Please see individual state and territory updates |
| 8.8 | Inspector 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 |
| 8.9 | Use of seclusion in New South Wales Justice Health and Forensic Mental Health Network | State and territory governments | Accept: NSW Note: ACT, QLD, SA, TAS, VIC, WA, NT | In progress |
| 8.10 | Transition from custodial supervision in the Northern Territory | State and territory governments | Note: ACT, NSW, QLD, SA, TAS, VIC, WA, NT | Further work required |
| 8.11 | Information for courts and legal practitioners | Australian, state and territory governments | Accept in principle: Commonwealth, ACT, NSW, NT, QLD, SA, TAS, VIC Accept: WA | Please see individual state and territory updates |
| 8.12 | Implementation of the National Principles | Australian, state and territory governments | Accept in principle: Commonwealth, ACT, NSW, NT, QLD, TAS, WA Subject to further consideration: SA and VIC | In progress |
| 8.13 | Data about people detained in forensic systems | Australian, state and territory governments | Accept in principle | In progress |
| 8.14 | National practice guidelines for screening in custody | State and territory governments | Accept: QLD Accept in principle: ACT, NSW, SA, TAS, VIC, WA, NT | Please see individual state and territory updates |
| 8.15 | Policies and practices on screening, identifying and diagnosing disability in custody | State and territory governments | Accept in principle: QLD, ACT, NSW, SA, TAS, VIC, WA, NT | Please see individual state and territory updates |
| 8.16 | Support by First Nations organisations to people in custody | State and territory governments | Accept: QLD Accept in principle: ACT, NSW, SA, TAS, VIC, WA, NT | Please see individual state and territory updates |
| 8.17 | NDIS Applied Principles and Tables of Support concerning the justice system | Australian, state and territory governments | Subject to further consideration | Subject to further consideration |
| 8.18 | Timing of NDIA-funded transition supports | Australian Government | Accept | In progress |
| 8.19 | Amendment of the Disability Discrimination Act 1992 (Cth) to cover police provision of ‘services’ | Australian Government | Accept in principle | In progress |
| 8.20 | Improving police responses to people with disability | Australian, state and territory governments | Accept in principle | In progress |
| 8.21 | Diversion of people with cognitive disability from criminal proceedings | State 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 |
| 8.22 | Age of criminal responsibility | State 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 |
| 8.23 | Action plan to end violence against women and children with disability | Australian, state and territory governments | Accept in principle | In progress |
| 8.24 | Disability-inclusive definition of family and domestic violence | Australian, state and territory governments | Accept in principle: Commonwealth, VIC Subject to further consideration: ACT, NSW, NT, QLD, SA, TAS, WA | Further work required |