Australian Human Rights Commission
Information for LOIPR - Australia, 27 June 2016
Committee’s attention to the Report of the Senate inquiry, in particular the
recommendation to the Australian Government to work with state and territory
governments on the implementation of initiatives to improve access to justice
for people with disability contained in reports from the Australian Law Reform
Commission, the Productivity Commission and the Commission’s report Equal
Before the Law.46
54.
The Commission’s report, Equal Before the Law,47 concluded that people with
disabilities have higher rates of interaction with the criminal justice system
than other Australians. The report cited 2012 statistics, which indicate that
38% of prison entrants reported they have ever been told by a doctor,
psychiatrist, psychologist or nurse that they have a mental health disorder and
46% of prison discharges reported that they have ever been told they have a
health condition – mental health, including drug and alcohol abuse. The report
found that necessary supports and adjustments for people with disabilities
were frequently not provided in the criminal justice system.
55.
Issues for consideration in the LOIPR:
7.4
•
Information on the Australian Government response to the Senate
Inquiry report into Violence, abuse and neglect against people
with disability in institutional and residential settings.
•
Information on the mental health care services provided within the
criminal justice system.
Deprivation of liberty – overcrowding
Concluding Observations, para 11
Relevant provisions of the CAT: Articles 2, 11 and 16
56.
The Commission raised the issue of overcrowding in prisons in the 2014 CAT
Submission48 and the UPR submission.49 The Commission is concerned that
there has been little improvement on this issue.
57.
Issue for consideration in the LOIPR: Information on the current
conditions and capacity of prisons within Australia.
7.5
Use of conducted energy weapons - Tasers
Concluding Observations, para 13
Relevant provision of the CAT: Articles 2, 12, 13, 14 and 16
58.
The Commission raises the issue of inappropriate use of Tasers generally and
the disproportionate use of Tasers against Aboriginal and Torres Strait
Islander peoples in the 2014 CAT Submission. 50
59.
Issue for consideration in the LOIPR: Information on whether uniform
national rules governing the use of Tasers has been adopted and
whether the use is prohibited on children and pregnant women.
11