Australian Human Rights Commission Information for LOIPR - Australia, 27 June 2016 cognitive disability who are unfit to plead or found not guilty by reason of mental impairment.37 As part of this commitment, the Government committed to a national effort to analyse existing data and develop best practice resources in Australia. 41. Nevertheless, the Commission continues to be concerned about the indefinite detention of people with a cognitive impairment. The Commission has previously reported on several cases where Aboriginal and Torres Strait Islander people have been detained for a period longer than the maximum sentence if they had been found guilty. 38 The Commission and NGOs have advocated that justice targets be set to halve the gap in rates of incarceration for Aboriginal and Torres Strait Islander peoples. The justice targets could be included in the existing Close the Gap framework.39 Further, justice reinvestment strategies have also been recommended by the Senate Legal and Constitutional Affairs Committee and successive Social Justice Commissioners.40 42. The Commission is concerned regarding amendments to the Police Administration Act (NT) which provide for ‘paperless arrests’. These amendments provide the police with the power to detain a person and hold them in custody for up to four hours (or longer if the person is intoxicated) if they suspect that the person has committed or is about to commit an ‘infringement notice offence’. These amendments have a disproportionate impact on Aboriginal and Torres Strait Islander peoples. 43. Issues for consideration in the LOIPR: 7.2 • Information about approaches to address the rates of incarceration for Aboriginal and Torres Strait Islander peoples, including benchmarks and targets. • Information about the adequacy of funding to meet needs of Aboriginal and Torres Strait Islander communities. • Information on the intended analysis of existing data and development of best practice to address the treatment of people with cognitive disability in contact with the criminal justice system. • Information on the application and impact of the ‘paperless arrests’ powers in the Northern Territory. Juvenile justice Concluding Observations, n/a Relevant provisions of the CAT: Article 2, 11 and 16 44. The Commission continues to express concern about the number of children being detained in youth justice centres, those under 18 years being detained in adult facilities, and the lack of action on raising the minimum age of criminal responsibility to an internationally accepted level.41 9

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