Responsibility: State and territory governments
Response:
ACT, NSW, SA, QLD.VIC, WA, NT: Accept in principle
Australian Capital Territory
Response: Accept in Principle
Status: Further work required
What has been achieved to date
No update.
ACT government response July 2024
The ACT Government accepts this recommendation in principle, noting the likely financial implications of implementing actions. The Second Action Plan of the ACT Disability Justice Strategy 2019-2029 includes an increased focus on Aboriginal and Torres Strait Islander people with disability, to better understand and respond to the cohorts’ intersectional justice needs. The ACT Government has also commissioned an independent Review of the Overrepresentation of Aboriginal and Torres Strait Islander people in the ACT criminal justice system. This review will provide an additional avenue for consideration of matters impacting upon Aboriginal and Torres Strait Islander people in the context of the criminal justice system.
New South Wales
Response: Accept in Principle
Status: In progress
What has been achieved to date
Youth Justice NSW (YJNSW) is enhancing cultural safety of First Nations people by:
- Implementing the Aboriginal Employment Plan 2024-2026. Employing Aboriginal people across all grades is essential for service delivery and to change decision making voices. YJNSW commenced a recruitment and retention project, which has increased targeted recruitment and provides ways for Aboriginal people to work towards senior positions.
- Increased investment in Aboriginal Community Controlled Organisation (ACCO) run programs
- Six of the nine Youth on Track providers are ACCOs.
- New ACCO providers have been announced for the Moree Bail Accommodation Program, Safe Aboriginal Youth program and Casework Support Program in sites across NSW.
- Implementing an Anti-Racism Plan so that the organisation is culturally safe and responsive for young people and their families, as well as our workforce.
- Partnering with an ACCO to co-design a model of Aboriginal governance that embeds shared decision-making. The intent is to share decisions about key aspects of YJNSW business with Aboriginal people and communities, consistent with Closing the Gap Priority Reform One.
CSNSW has launched the Aboriginal and Torres Strait Islander Cultural Safety Framework which formalises our commitment to a culture of respect, understanding, and empowerment of Aboriginal peoples. This framework will guide future CSNSW initiatives so that:
- Aboriginal communities are partners in decision-making
- services are designed with cultural relevance and responsiveness
- our actions reflect a deep respect for Aboriginal culture, traditions, and values.
This framework was developed through extensive consultation with CSNSW Aboriginal staff from various disciplines and cultural expertise.
NSW government response July 2024
NSW Government is committed to the targets under the Closing the Gap implementation plan and acknowledges that for Aboriginal and Torres Strait Islander 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.
In recognition of the importance and shared commitment to increase cultural safety for Aboriginal and Torres Strait Islander people in custody, this work must involve Aboriginal communities and Aboriginal led organisations, to ensure a partnership approach to meet this recommendation.
The NSW Government does not support a finite end date of 2024 as this work is viewed as a process of continuous improvement and to be effective and meaningful, must be designed and led with Aboriginal people.
Northern Territory
Response: Accept in Principle
Status: In progress
What has been achieved to date
The Northern Territory Department of Corrections remains committed to the cultural safety of First Nations people with disability in its care and is reviewing cultural practices in all adult correctional, youth justice and community corrections settings, headed by the Aboriginal Strategy and Coordination team to identify opportunities to increase cultural governance across the organisation and commission work in these areas.
NT government response July 2024
The Northern Territory Government recognises the importance of upholding the rights of First Nations people with disability in its criminal justice settings in order to ensure cultural safety.
Queensland
Response: Accept in Principle
Status: In progress
What has been achieved to date
The First Nations Justice Office (FNJO) in the Queensland Department of Justice (DoJ) is progressing the recommendation in partnership with Queensland Corrective Services and, the Department of Youth Justice and Victim Support, with support from Department of Women, Aboriginal and Torres Strait Islander Partnerships and Multiculturalism; Department of Families, Seniors, Disability Services and Child Safety; and Queensland Police Service.
As of July 2025, the FNJO has established a Cross-Agency working group to support the review. In addition to establishing the Cross-Agency working group, the FNJO has engaged with community, government, non-government and key sector stakeholders across five Queensland locations.
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 an initial review of existing and relevant strategies as the first step towards ensuring the cultural safety of First Nations people with disability in criminal justice settings.
The Queensland Government will undertake a comprehensive review of the strategies of all criminal justice agencies and identify recommendations to achieve a system that strongly supports cultural safety.
South Australia
Response: Accept in Principle
Status: In progress
What has been achieved to date
The South Australian government is committed to ensuring cultural safety of First Nations people with disability.
South Australian Department of Human Services Youth Justice:
The South Australian Department of Human Services is working to meaningfully embed the Aboriginal and Torres Strait Islander Youth Justice Principle in the Youth Justice Administration Act 2016 (SA) into all areas of service delivery.
This includes strengthening culturally safe practice through the development of an Aboriginal Practice Framework. To support accountability to embed the Aboriginal and Torres Strait Islander Youth Justice Principle into service delivery and practice, DHS commenced annual reporting on actions to observe and promote the Principle in 2024. This will now form part of DHS annual reporting processes.
South Australian Department of Correctional Services:
The South Australian Department of Correctional Services formally launched an Aboriginal Cultural Safety Framework in 2024. The Yalakiana Tapa: Reducing Aboriginal Incarceration program remains operational and has expanded in 2025.
SA government response July 2024
The South Australian government is committed to ensuring cultural safety of First Nations people with disability. The Department for Correctional Services (DCS) has the Aboriginal Strategic Framework 2020–2025 that references key strategies that contribute to cultural safety. This recommendation will be progressed in collaboration with First Nations peoples and organisations to ensure the review is culturally safe and achieves outcomes. Further scoping will be undertaken to determine what area of government is best placed to undertake this review.
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 (DECYP), 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.
An Aboriginal Culturally Responsive Practice Lead position is being established within the Office of the Chief Practitioner in DECYP who will lead practice improvements relating to Aboriginal children and young people in youth detention.
TAS government response July 2024
The Tasmanian Government accepts this recommendation in principle.
The Tasmanian Government recognises the importance of ensuring cultural safety for First Nations people in criminal justice settings. This recommendation aligns with our commitment to Closing the Gap.
A new Youth Justice Procedure is being developed to support improved connection with families, including First Nation families.
Victoria
Response: Accept in Principle
Status: In progress
What has been achieved to date
As stated in the Victorian Government response, Victoria continues to consider how we fund scoping, planning and implementation of the work required by this recommendation.
The Victorian Government has implemented reforms to ensure the cultural safety of First Nations with disability in criminal justice settings including but not limited to:
- opening an Aboriginal Healing Unit at the Dame Phyllis Frost Centre (DPFC);
- introducing a new model of primary healthcare across all public prisons, with Western Health and Dhelkaya Health, which have dedicated Aboriginal health services, assuming responsibility for healthcare delivery in the womens' system – at DPFC and Tarrengower Prison respectively; and
- providing Aboriginal health checks for Aboriginal people in public prisons (based on the standard Medicare health assessment).
VIC government response July 2024
We accept this recommendation in principle.
We will need to consider how we fund the scoping, planning and implementation work this recommendation requires.
Western Australia
Response: Accept in Principle
Status: Further work required
What has been achieved to date
The Department of Justice facilitates two court-based therapeutic programs for people with cognitive disability.
- The Western Australian Government has committed funding through to 30 June 2026 to expand and enable the Pilot In-Roads Court Program, which provides an alternative to detention for young people who have pled guilty to criminal charges in the Children’s Court. In-Roads has a focus on identifying and diagnosing cognitive disability and in providing advocacy and supports arising from such diagnoses.
The Intellectual Disability Diversion Program (IDDP) seeks to address the overrepresentation of people with an intellectual or cognitive disability, or autism spectrum order, within the criminal justice system by addressing their offending behaviour and support arrangements. The IDDP is delivered within the Perth Magistrates Court.
WA government response July 2024
The WA Government accepts in principle this recommendation. The WA Government is committed to ensuring the cultural safety of First Nations peoples and a range of strategies are in place to ensure the cultural safety of First Nations people with disability in criminal justice settings. Further consideration of resource implications, the scope of the recommendation and the timeline for delivery is required.
What the Disability Royal Commission said in the final report
By the end of 2024, state and territory governments should review the effectiveness of their strategies, if any, directed to providing and ensuring the cultural safety of First Nations people with disability in criminal justice settings and in doing so take into consideration what the Royal Commission has heard about that issue. The review findings and recommendations should be made public.
More recommendations
View progress on other recommendations made by the Royal Commission.