Disability Justice Plan Symposium
19/11/2015
Hon Kelly Vincent MLC, Dignity for Disability
Disability Justice Plan Symposium
Thursday 19 November 2015, 4.15pm
Crowne Plaza Hotel, 16 Hindmarsh Square
Ladies and Gentlemen, policy makers, advocates, stake holders. And particularly those that are or have been victims, or are family carers of victims, and have not been able to get adequate justice for crimes perpetrated against you.
Thank you for your participation in today’s important symposium.
People with disability face many barriers when seeking to access justice, particularly people with intellectual disabilities, complex communication needs or mental illness.
It has been a complete oversight that the justice system has been so poor at responding to the needs of victims, offenders and witnesses who have additional access needs as a quick glance at both our prison and victim statistics that people with disabilities are far more likely to be victims or offenders than the general population.
So, the need for a Disability Justice Plan is plain for all to see.
Your presence here today and commitment to the implementation of this important Plan affirms to me a strong future for disability justice in South Australia.
I have been working hard with the Attorney-General’s Department on these vital reforms, and was pleased to be able to support their passage through Parliament.
The consultation process underlying the development of this Plan was a genuinely inclusive one, and I am pleased to have been involved from the outset. The disability sector tends to be consulted on anything and everything, but when action needs to be taken, little results. I am pleased that this has not been the case with tie Justice Plan for SA, and that reforms are underway.
The Plan incorporates key recommendations from the Parliamentary Select Committee I established into interaction with, and access to, the justice system for people with disabilities.
At the time, the submissions made to the Parliamentary Committee were also considered in the consultation for the Disability Justice Plan.
I was also involved with a well-attend public forum in Adelaide in which the community were invited to provide input into both the Disability Justice Plan and national consultation on access to justice being run by the then Disability Discrimination Commissioner, Graeme Innes.
Both Mr Innes and I spoke at that forum, and I was delighted to hear him speak on these issues earlier today and continue to be involved. As he poignantly explained, the ‘minority’ disability club is not so exclusive – you could join it at any time – we’re all just a stroke or car accident away from having additional access and support needs.
We have made progress, with the launch of the Plan last year, and in particular, the successful passage of the Vulnerable Witnesses Act in July this year.
The Act applies to suspects, witnesses, defendants and witnesses. The Act contains major reforms to better assist vulnerable people within the criminal justice system, including:
o the use of video recorded interviews for examination-in-chief
o the introduction of communication partners for people with complex communication needs, both in and out of court
o special pre-trial hearings to take evidence before trial in informal surroundings
o increased support for vulnerable people, both in and out of court
o extending the priority listing of sexual assault trials where the complainant is a child to those where the complainant has a disability that adversely affects their capacity to give evidence.
Now that the Plan is in its implementation phase, initiatives such as today’s symposium are vital to maintain the momentum for change and keep disability justice at the forefront of the agenda.
We also must ensure that this process of reform continues to involve people with lived experience of disability. Time and time again we in the disability sector see rules, programs, processes and guidelines implemented with little thought into how it will work, in a practical sense in the lives of people with disability. There’s no point having a ramp to get into a building if you have to go up a step to get to it.
Yet often we see processes throughout society designed in this way – so they’re half accessible. This is why, in addition to legislative change, we need attitudinal change in the community.
Today is a good example of what can be achieved when policy makers get together with community representatives to improve the delivery of programs and services.
Certainly the breakout sessions that my staff member and others I know have been involved in today were productive and inclusive forums for people to have their say on the implementation of key aspects of the plan.
I urge you to read the Disability Justice Plan Annual Report 14-15 to see what has already been achieved in the first year of implementation – and keep pushing for what needs to change in the coming years. We still need legislative, regulatory, attitudinal and resourcing improvements if we are to make our justice system truly accessible.
It is a complete travesty that some people with brain injury, foetal alcohol syndrome and intellectual disability languish in our prisons as offenders without conviction because the justice system can’t figure out how to manage the situation. It’s not good enough.
So, I look forward to seeing this transparency in reporting back to the community on what has been achieved continue. The hard work is only just beginning. I’m encouraged to see what has been achieved to date. But we must continue to work to ensure that some of the most vulnerable people in our community can take part on an equal footing in the criminal justice system.
One area Dignity for Disability are hoping we can negotiate to improve is the Communication Partners Program. The United Kingdom have an excellent program of professional intermediaries that work with those that have additional communication needs throughout the justice system and in doing so, improve their access to justice. It reduces mistrials and miscarriages of justice for all involved – whether you’re a victim, offender, alleged offender, or witness. It provides access to justice – not barriers.
While Dignity for Disability are pleased to see introduction of a Communication Partners Program here in South Australia, we are concerned that having it staffed with volunteers will not result in the best outcomes and we wonder if a system that included contracted professionals from speech pathology and other communication specialists might not be more effective.
Dignity for Disability continues to strive for the right balance, and we would be happy to work with anyone with an interest. Especially with other states now looking to SA to copy our DJP, it is so vital that we set the right example.
So, I look forward to working with the Attorney-General’s Department, the Speech Pathologists and the Law Society to figuring out the best solution.
Historically, South Australia has been a state that has embraced and driven reform. Other jurisdictions are now closely looking at what we’re doing to advance disability justice.
It is my hope that we’ll see more of these cases involving vulnerable witnesses progressing to court and sending a strong message that the denial of access to justice for people with disability is the denial of social and economic good, a denial of humanity, and will not be tolerated. There is no such thing as voiceless people, only those people to whom we have not yet learned to listen.
Thank you.
