Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 58. The Commission welcomes the Australian Government’s support of training programs at the Commonwealth, State and Territory level recognising the legal capacity of people with disability on an equal basis with others.49 However, the training will only be effective alongside laws and policies that recognise the legal capacity of people with disability on an equal basis as others. Recommendation 26: The Australian Government implement a nationally consistent supported decision-making framework, as recommended in the Australian Law Reform Commission’s 2014 report Equality, Capacity and Disability in Commonwealth Laws. 4.8 Access to justice (CRPD art 13, CO 37–30) (a) Indefinite detention of persons with disability assessed as unfit for trial (LOI 14) 59. The Commission welcomes the work of the AIHW to gather data on the number of people with disability in Australia’s prison system and to work with states and territories to improve data collection. However, this work is limited to prisons and does not extend to gathering data, disaggregated by disability, throughout all stages of the criminal justice system, including contact with law enforcement, courts and post-release. Recommendation 27: The Australian Institute of Health and Welfare extend its data collection to all stages of the criminal justice system and continue to work with states and territories to improve data collection to allow for disaggregation by disability, age, gender, location and ethnicity. (b) Other measures to ensure access to justice (LOI 15) 60. People with disability, particularly Aboriginal and Torres Strait Islander peoples with disability, are overrepresented in the criminal justice system in Australia.50 This includes children with disability, who are similarly overrepresented in the juvenile justice system, particularly children with intellectual disabilities or psychosocial disabilities.51 Children with Fetal Alcohol Spectrum Disorder (FASD) are particularly prevalent in the juvenile justice system.52 61. The Commission’s research has found that necessary procedural accommodation for people with disability is frequently not provided in the justice system.53 It also found that negative attitudes and a lack of 18