intellectual disability Archives - Queensland Advocacy Incorporated

Mistake of Fact Submission

QAI made a submission to the Queensland Law Reform Commission Inquiry into the Mistake of Fact defence.

Initial Recommendations

Retain mistake of fact defence, because some people with intellectual impairment can misinterpret, for example, body language, or verbal cues if CALD, but:

A proper evidentiary basis must exist before the court directs a jury on this defence e.g. where the woman has shown little or no outward manifestation of any lack of consent (as opposed to where there is evidence of accused’s use of force/violence, and resistance by complainant).
Provide clearer guidance in the legislation for what constitutes a “reasonable” basis for an accused to believe in consent
Provide guidance for jury directions that explain the above.

You can read the full submission here.

Criminal Code (Child Sexual Offences Reform) Submission

QAI made a submission in regards to the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill.

Here is an excerpt from the submission of our recommendations:

Recommendations

QAI supports the measures in the Bill.
The State Government must do more to ensure that people with intellectual disability who have committed very minor sexual offences get better support in the community rather than detention.
Take steps to improve the supports, particularly behaviour supports, available to people with intellectual disability who have been convicted of child sexual offences.

You can read the full submission here.

Graph showing the over representation of people with intellectual disabilities in Queensland justice system

Inquiry into imprisonment and recidivism – Queensland Productivity Commission

The Queensland Government asked the Queensland Productivity Commission to determine how government resources and policies may be best used to reduce imprisonment and recidivism to improve outcomes for the community.

QAI had a lot to say about this, having published editions of Disabled Justice in 2007 and 2014. Ten percent of prisoners in this state have intellectual disability. That’s five times the rate of the general population. Up to 30% of prisoners have some form of disability. Recidivism of Queensland prisoners who have intellectual disabilities is twice that of other prisoners: general recidivism is 38%, but 68% of prisoners with intellectual disability return to jail.

QAI’s submission to the Queensland Productivity Commission

Inquiry into Wage Theft

Media release – Violence against people with disabilities in their home forum

Australia’s Disability Discrimination Commissioner headlines QAI’s Violence against people with disabilities in their home Forum

Queensland Advocacy Incorporated (QAI) is thrilled to announce that Australia’s Disability Discrimination Commissioner, Mr Alastair McEwin, will be the keynote speaker at our Violence against people with disabilities in their home forum on Monday 24th September 2018.

Fresh from the release of his report into institutional violence “A Future without Violence: Quality, safeguarding and oversight to prevent and address violence against people with disability in institutional settings”, Mr McEwin will be addressing the forum about this significant social policy issue. “QAI is thrilled to welcome Mr McEwin to Brisbane for this occasion,” QAI Director Michelle O’Flynn said today. “We are so appreciative of the important work the Commissioner does to protect and defend the human rights of people with disability in Australia and we are honoured to have him present the keynote address at our forum.”

This innovative forum will be held at Brisbane City Hall and will include guest speakers, live performances and personal stories from people with lived experience. “We are very excited to present this forum and launch these important resources”, Ms O’Flynn said. “Live theatre and art are such powerful and accessible mediums and we feel very privileged to have the opportunity to work with such talented artists and performers with disability within our local community.”

Mr McEwin’s keynote address will be followed by a wonderful and diverse line-up of speakers, including individuals with lived experience sharing personal stories, former Australian Senator and social campaigner Andrew Bartlett, Caxton Legal Centre’s Ros Williams, Leona Berrie from WWild – Sexual Violence Prevention Service and Dr Natasha Alexander, clinical psychologist in community disability and mental health services from Consentability. A highlight will be the live theatrical performances, interspersed throughout the day, by the talented students of the Access and Equity Program of TAFE Queensland.

We hope and anticipate that the forum and ongoing project will increase general understanding and awareness of violence against people with disability, including the impact it has on a person, the potential perpetrators of violence and the diverse settings and ways in which it can occur. As part of the forum, QAI will also be launching a series of multi-media resources developed in collaboration with artists and actors with disabilities to raise awareness of the types of violence faced by people with disabilities within residential settings.

QAI is an independent, community-based system and individual advocacy organisation for people with disability in Queensland with over 30 years’ experience advocating for systems change, through campaigns directed at attitudinal, law and policy reform.

For more information
Queensland Advocacy on 07 3844 4200 (business hours) QAI is an independent, community-based, individual, systemic and legal advocacy organisation for people with disability in Queensland, Australia. Its Mental Health Legal Service provides advice and representation to people receiving involuntary treatment for mental illness across the State.

Media enquiries
Michelle O’Flynn, Director, QAI. Contact: 0481381528

Let’s Nix 216

Section 216 of our Queensland Criminal Code makes it unlawful (i.e. a criminal offence) for any person to have intimate relations (i.e. sex!) with another person who has ‘impairment of the mind’, which is defined broadly in the Criminal Code and includes any person with an intellectual, psychiatric, cognitive or neurological impairment that results in a substantial reduction in that person’s capacity for communication, social interaction or learning, and that person needing support.

That’s long-winded, so, for example, someone such as Stephen Hawking likely would have fit the definition, as would many people who have cerebral palsy that makes communication difficult without support, or intellectual disability.

Notice that there’s nothing there about decision-making capacity. Parliament framed section 216 on the assumption that if you fit the definition you are not capable of making a decision about whether you can/want to have sex. Consent, or not, does not matter.

The provision is discriminatory. It’s less favourable to many people with disability, and indeed many people who fit the definition of ‘person who has impairment of the mind’ are in relationships, including marriages, to other people who fit this definition.

Let’s nix 216!

About the Police, the Court and Lawyers – What to do and what not to do

The Justice Support Program (JSP) assists and advocates for people with intellectual disability who have been charged with an offence. We have produced a book “About the Police, the Court and Lawyers – What to do and what not to do”

The book uses plain English and simple illustrations to guide Dan (who has an intellectual disability) and Hannah (who Dan needs to help him make decisions about everyday things) through the criminal justice process in Queensland. The book is funded by the Legal Aid Queensland Community Legal Education Collaboration Fund and produced by JSP in collaboration with the Endeavour Foundation.

We consulted widely with individuals (including JSP clients) as well as staff and clientele of the Endeavour Foundation to ensure that the book is as easy to understand and remember as such a difficult subject can be for people who have had little or no experience of the Police and the criminal Court.

Being arrested or questioned by the police or having to go to court is not something you would expect a person like Dan to cope with by himself, so the book is designed to be read by a parent, carer or support worker to the person with intellectual impairment, this way they both learn their roles and “What to do and what not to do.”

If you know of someone like Dan who would be vulnerable in such a situation we encourage you to download or contact QAI to order a free printed copy for ‘Dan’ to keep after it’s been read to him.

We’ve also produced a series of YouTube videos of the book which can be accessed below or through this link: https://www.youtube.com/playlist?list=PLfSpAAkJaIIJQntMaJ5ciPdgQYPgyBi9n

CLICK HERE FOR THE PDF COPY OF THE BOOK