Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 56 Criminal Law (Mentally Impaired Accused) Act 1996 (WA) s 19; Australian Institute of Criminology, Diversionary Pathways for Aboriginal Youth with Fetal Alcohol Spectrum Disorder (28 August 2018) Australian Institute of Criminology 5 <https://aic.gov.au/publications/tandi/tandi557>. 57 Gooding et al, above n 55. 58 Australian Institute of Criminology, above n 56, 5. 59 House of Representatives, Standing Committee on Indigenous Affairs, ‘Alcohol, Hurting People and Harming Communities: Inquiry into the Harmful Use of Alcohol in Aboriginal and Torres Strait Islander Communities’ (June 2015) <https://www.aph.gov.au/Parliamentary_Business/Committees/House/Indigenous_Affairs/Alcoho l/Report>. 60 Human Rights Council, ‘Report of the Working Group on the Universal Periodic Review Australia’ (A/HRC/31/14, 13 January 2016) [141] <https://undocs.org/A/HRC/31/14>; Human Rights Council, ‘Report of the Working Group on the Universal Periodic Review - Australia; Addendum Views on Conclusions and/or Recommendations, Voluntary Commitments and Replies Presented by the State under Review’ (A/HRC/31/14/Add.1, 29 February 2016) [37] <https://www.ohchr.org/EN/HRBodies/UPR/Pages/AUIndex.aspx>. 61 The draft National Statement of Principles Relating to Persons Unfit to Plead or Found Not Guilty By Reason of Cognitive or Mental Health Impairment was not considered by the Council of Attorneys General at the most recent meetings held on November 2018 and June 2019. Council of Attorneys-General, ‘Communique’ (23 November 2018) <https://www.ag.gov.au/About/CommitteesandCouncils/Council-of-AttorneysGeneral/Documents/Council-of-Attorneys-General-communique-November-2018.pdf>; Council of Attorneys-General, ‘Communique’ (28 June 2019) <https://www.ag.gov.au/About/CommitteesandCouncils/Council-of-AttorneysGeneral/Documents/CAG-June-2019.pdf>. 62 Australian Human Rights Commission, ‘Inquiry into the Social and Economic Benefits of Improving Mental Health - Submission to the Productivity Commission’ (Submission No. 491, 18 April 2019) <https://www.pc.gov.au/inquiries/current/mental-health/submissions>. 63 Australian Institute of Health and Welfare, ‘Mental Health Services in Australia’ (Web Report, 3 May 2019) <https://www.aihw.gov.au/reports/mental-health-services/mental-health-services-inaustralia/report-contents/restrictive-practices>. 64 Understood as a practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability, with the primary purpose of protecting the person or others from harm - Council of Australian Governments, ‘National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Services Sector’ (1 May 2013) <https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policyresearch/national-framework-for-reducing-and-eliminating-the-use-of-restrictive-practices-in-thedisability-service-sector>. 65 Australian Human Rights Commission, ‘Information Relating to Australia’s Joint Fifth and Sixth Report under the Convention on the Rights of the Child, Second Report on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, and Second Report on the Optional Protocol on the Involvement of Children in Armed Conflict’, above n 55, [285]. 66 Parliament of Australia, Senate Standing Committee on Community Affairs, ‘Violence, Abuse and Neglect against People with Disability in Institutional and Residential Settings, Including the Gender and Age Related Dimensions, and the Particular Situation of Aboriginal and Torres Strait Islander People with Disability, and Culturally and Linguistically Diverse People with Disability’ (25 November 2015) Recommendation 10.58 <https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Violen ce_abuse_neglect/Report>. 67 NDIS (Restrictive Practices and Behaviour Support) Rules 2018; Australian Government, Department of Social Services, ‘NDIS Quality and Safeguarding Framework’ (9 December 2016) 55