Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 41 Australian Human Rights Commission, Equal before the law: Towards disability justice strategies (February 2014), p 11. At http://www.humanrights.gov.au/sites/default/files/document/publication/2014_Equal_Before_the_Law. pdf (viewed 13 October 2014). 42 Attorney-General’s Department, Disability Justice Plan 2014-2017. At http://www.agd.sa.gov.au/initiatives/disability-justice-plan (viewed 13 October 2014). 43 Victorian Equal Opportunity and Human Rights Commission, Beyond Doubt: the Experiences of People with Disabilities Reporting Crime (2014). At http://www.humanrightscommission.vic.gov.au/index.php/our-resources-andpublications/reports/item/894-beyond-doubt-the-experiences-of-people-with-disabilities-reporting-crime (viewed 14 October 2014). 44 Detention can occur in prisons in Western Australia under the Criminal Law (Mentally Impaired Accused) Act 1996 (WA) and in the Northern Territory under the Criminal Code Act 1983 (NT), Part IIA. Detention occurs in psychiatric hospitals in Queensland under the Mental Health Act 2000 (Qld) and the Forensic Disability Act 2011 (Qld) and in Tasmania under the Tasmania Criminal Justice (Mental Impairment) Act 1999 (Tas). 45 Australian Human Rights Commission, Social Justice and Native Title Report 2013 (2013), p. 55. At http://www.humanrights.gov.au/publications/aboriginal-and-torres-strait-islander-socialjustice?source=our-work (viewed 14 October 2014).; Australian Human Rights Commission, Equal before the law: Towards disability justice strategies (February 2014), pp 12-13. At http://www.humanrights.gov.au/sites/default/files/document/publication/2014_Equal_Before_the_Law. pdf (viewed 13 October 2014). 46 Australian Human Rights Commission, Twenty Years: Twenty Stories: Presumed Guilty. At http://www.humanrights.gov.au/twentystories/videos.html (viewed 14 October 2014). 47 Australian Law Reform Commission, Discussion paper on Equality, Capacity and Disability in Commonwealth Laws, May 2014. At http://www.alrc.gov.au/publications/disability-dp81 (viewed 15 October, 2014). 48 The Queen v Presser [1958] VR 45, 48. 49 DLA Piper, Background paper on Access to Justice in the Criminal Justice System for People with Disability (2013). At https://www.humanrights.gov.au/publications/background-paper-access-justicepeople-disabilitycriminal-justice-system (viewed 13 October 2014). 50 DLA Piper, Background paper on Access to Justice in the Criminal Justice System for People with Disability (2013), p 78. At https://www.humanrights.gov.au/publications/background-paper-access-justicepeople-disabilitycriminal-justice-system (viewed 15 October 2014). 51 Australian Institute of Health and Welfare, Youth justice in Australia 2012-13 (2014), tables S72 to S123, Table S74, Line 14. At http://www.aihw.gov.au/publication-detail/?id=60129546738&tab=3 (viewed 2 September 2014). 52 Australian Institute of Health and Welfare, Youth detention population in Australia 2013 (2013), p 8. At http://www.aihw.gov.au/publication-detail/?id=60129545395 (viewed 10 October 2014). 53 House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Doing Time, Time for Doing: Indigenous youth in the criminal justice system (2011). At http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees ?url=atsia/sentencing/report.htm (viewed 12 October, 2014). 54 House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Doing Time, Time for Doing: Indigenous youth in the criminal justice system (2011), p 2. At http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees ?url=atsia/sentencing/report.htm (viewed 12 October, 2014). 55 Australian Human Rights Commission, Children’s Rights Report 2013 (2013). At http://www.humanrights.gov.au/publications/childrens-rights (viewed 10 October 2014). 56 Australian Human Rights Commission, Children’s Rights Report 2013 (2013), p. 33. At http://www.humanrights.gov.au/publications/childrens-rights (viewed 10 October 2014). 57 Wilson v Joseph Michael Francis, Minister for Corrective Services for the State of Western Australia [2013] WASC 157 (3 May 2013). 58 Wilson v Joseph Michael Francis, Minister for Corrective Services for the State of Western Australia [2013] WASC 157 (3 May 2013). 60