Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
of the human person’ and found that there was therefore a breach of the
ICCPR.30
54.
The Coroner made a series of recommendations many of which urged
improved training and monitoring systems.
55.
Following changes to the Inspector of Custodial Services Act (2003) WA, the
Office of the Inspector of Custodial Services has conducted regular reviews of
prisoner and detainee transport. The 2010 thematic review was the first
inspection of custodial transport after the death of Mr Ward in 2008.31 The
Office revisited custodial transport when undertaking an audit of prisoner and
detainee transport in 2012.32
56.
The service provider contracted for transportation services at the time of Mr
Ward’s death had been disengaged and a new company was fulfilling the
contractual requirements for adult prisoner transport. The data suggested that
adult prisoners were being transported by appropriate methods.33 The Office
also conducted a review of regional juvenile transport which examined the
transportation of children and youth to and from police. The Review found that
the Youth Custodial transport services, in partnership with police had
established a custodial transport service for young people from country and
regional areas which is safe, reliable and humane.34
Indigenous legal aid funding
57.
The Commission is concerned about funding cuts to the Indigenous Legal Aid
Assistance Programme representing 4.45% or $13.25 million over four years.35
58.
Indigenous legal aid providers undertake important work to identify systemic
reforms that can address the over-representation of Aboriginal and Torres
Strait Islanders in criminal justice processes. Cuts to policy and advocacy may
impact detrimentally on this longer term, systemic outcome.
59.
The Commission notes that the incoming government has also reinstated
restrictions in funding agreements that prevent legal services providers and
NGOs from conducting advocacy work.
Access to justice for people with disabilities
60.
The Commission’s recent report, Equal Before the Law, expressed concerns
about access to justice in the criminal justice system for people with
disabilities.36 The report found that necessary supports and adjustments for
people with disabilities were frequently not provided in the criminal justice
system.37 The report emphasised the need for Australian jurisdictions to
develop a Disability Justice Strategy to address barriers and gaps in access to
justice for people with disabilities.38
61.
The report cited research39 that revealed that people with disabilities have
higher rates of interaction with the criminal justice system than other
Australians. The Commission also noted with grave concern the high rate of
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