Australian Human Rights Commission
Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019
awareness about disability was a significant barrier to people with
disability accessing justice.54
62.
The Commission recommended, in its 2014 Equal Before the Law report,
that each jurisdiction in Australia should develop a holistic, overarching
response to ensuring equal recognition before the law and access to
justice, through a Disability Justice Plan. This recommendation has not
been widely implemented. The Commission considers that a Disability
Justice Plan provides a framework to coordinate, inform and monitor:
(i) the removal of barriers, (ii) the provision of procedural and gender- and
age-appropriate accommodations, and (iii) the provision of appropriate
training to those working in the field of administration of justice.
Recommendation 28: All Australian governments develop Disability Justice
Plans to detail the actions they will take to ensure access to justice for
people with disability, including by:
a. reviewing and amending civil and criminal legislation and procedural
rules to ensure a duty to provide procedural accommodations in all
legal proceedings;
b. developing and implementing measures to ensure the same
substantive and procedural guarantees for people with disability in
the context of legal proceedings as for others
c. developing assessment protocols to improve data collection and
assist police, courts, and correctional institutions to identify the
supports required to provide procedural guarantees and age
appropriate accommodations
d. developing and implementing measures to ensure people with
disability can serve as jurors
e. developing and implementing targeted measures to promote,
support and empower people with disability to work in the justice
system
f. incorporating compulsory modules on working with people with
disability into training programmes for those working in the field of
the administration of justice.
4.9
Liberty and security of the person (CRPD art 14, CO 31–34,
LOI 16–17)
63.
The Commission is concerned that little progress has been made by the
Australian Government in repealing legislation and withdrawing policies
and practices listed in Issue 16 since these were first raised by the
Committee in 2013. The Australian Government is yet to respond to the
Senate Community Affairs References Committee’s report Inquiry into
19