The ACT’s Disability Justice Strategy – First Action Plan is shifting attitudes, processes, and practices in the right direction, but disabled people say benefits are yet to have a bearing on their experience, an independent report finds.

The Disability Justice Strategy (DJS) 2019-2029 is a ten-year plan to ensure disabled people have equal access to justice, developed by the Justice and Community Safety Directorate and the ACT Office for Disability in the Community Services Directorate. The First Action Plan guided the first four years of work.

An evaluation prepared by First Person Consulting found that improvements largely related to more tailored training and education for individual organisational contexts and their intersection with the justice system, and an emphasis on organisational commitment to support the implementation of FAP actions within participating justice agencies.

However, detainees find the justice system confusing, said they were unable to have open conversations with some of the prison staff (notably those outside of the Assisted Care Unit), almost all had a distressing experience at the point of arrest, and they were provided with little to no information about their arrest or the following proceedings. There was no evidence to suggest an individualised approach to support had been adopted: there was little regard for reasonable adjustments, or coping strategies during periods of distress. One interviewee who identified as transgender found that reporting on their gender identity compounded their difficult experience.

“This evaluation demonstrates the ACT Government’s commitment to building a more inclusive and equitable justice system,” Attorney-General Shane Rattenbury said. “We have made significant progress, but we know there is more work to be done to ensure that people with disability have the same opportunities for justice as everyone else.”

Focus area 1: Information and communication

Implementation: Significant efforts have been made to develop accessible information and establish a Community of Practice (CoP) across the ACT justice sector involved in the DJS. Updating information products and rolling out the CoP have been crucial foundational elements of the FAP.

Outcomes: There has been a positive shift in awareness of disability justice within agencies due to the Strategy increasing exposure across organisational policy and operations. Progress has been largely driven by the appointment of Disability Liaison Officers (DLOs), who ensure that individuals’ needs and supports are met, so they can participate equitably in the justice system. This includes adapting legal documents and forms to be more accessible; leveraging the Community of Practice to share information; and DLOs assisting in legal proceedings both within and between agencies.

Focus area 2: Education and awareness

Implementation: While there have been successful instances of education and upskilling, justice system staff need learning tailored to their working context and their intersection with disability and justice. Recognising where DLOs can deliver internal training tailored to delivery contexts, as opposed to formal external training, should be factored into the Second Action Plan (SAP).

Outcomes: Overall, agencies have made considerable effort to increase knowledge and awareness of disability and adapt processes to be inclusive of support needs for disabled people. However, this varies significantly between agencies, depending on the operating environment, baseline staff knowledge and values, and overarching governance structures. Positive changes include staff possessing a greater understanding of individuals’ needs, behaviours, and triggers. Greater education and guidance within some agencies has led to more frequent use of the DLO and the adoption of early assessments to screen for disability. In turn, this shows positive signs of long-term cultural change, with agencies integrating disability considerations.

Focus area 3: Identification, screening, and assessment

Implementation: Bimberi Youth Justice Centre and ACT Policing City Watch House have adopted and embedded disability screening measures, but continued work is required to ensure disability screening and assessment for reasonable adjustments is undertaken consistently across the justice system. Further work under the SAP in this regard will be required.

Outcomes: The number of referrals and assessments being conducted for people with disability has increased. Agencies are working to screen individuals for supports earlier, to ensure that reasonable adjustments can be made to minimise harm to clients and divert them away from the criminal justice system.

Focus area 4: Better service delivery

Implementation: There has been positive engagement with establishing the DLO role across the justice sector. All committed agencies have successfully recruited for the position and embedded the DLO in service delivery. DLOs are crucial to the success of the DJS, and need continued support to fulfil their full potential, especially in organisations without a DLO or equivalent support.

Outcomes: The appointment of the DLOs has led to effective collaboration across agencies. This benefits clients who often need to engage with multiple agencies, thus reducing the need for them to retell their story. This also allows agencies to share information and ensure reasonable adjustments are made for the client. There are opportunities for greater collaboration between sectors, as clients often need support across multiple sectors (e.g., housing, family violence, health, homelessness) – creating a holistic wraparound support service for them.

Focus area 5: Data, research and review

Implementation: The justice sector has developed three annual reports and an in-depth evaluation of the implementation of the FAP. Processes to collect data that contributes to understanding how disabled people interact with the justice system are changing. The Office for Disability will need to emphasise the importance of this.

Outcomes: While more data is needed to advocate for additional funding and services, data must serve a broader purpose beyond statistical analysis, to justify the time and effort required from staff. Staff members need to understand what data needs to be collected, and how it validates existing knowledge or relates to potential improvements in service delivery.

The report makes 19 recommendations, including appointing more DLOs; developing an information-sharing system for disabled people who have multiple touchpoints with the justice system; prioritising training and education for all agency staff; adapting activities to meet the intersectional needs of Aboriginal and Torres Strait Islanders, older people, and children; and focusing on diversional activities to help disabled people stay out of the justice system.

The Second Action Plan of the Disability Justice Strategy will be released later this year. It has been informed by the independent evaluation report, consultation with government and non-government justice stakeholders, and disabled people.

“The government is committed to considering the findings and recommendations of this report as we build on the successes of the First Action Plan,” Rachel Stephen-Smith, ACT Minister for Disability, said.

“We will work with people with disability, their families and carers, advocates, justice agencies and stakeholders to ensure that our justice system is fair, accessible and inclusive for all.”

“A justice system that considers the person as a whole and supports their needs leads to better rehabilitative outcomes,” Emma Davidson, ACT Minister for Corrections and Justice Health, said.

“This evaluation highlights how our justice health services have increased referrals and assessments for people with disability. Finding that someone has a disability and providing the right support for them can be transformative – it is part of how we support their rehabilitation and eventual return to the community, so they are released with better prospects and less likelihood of engaging in harmful behaviour.”