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
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