Post by Banjo on May 22, 2013 10:29:54 GMT 7
Slow progress to tackle legal barriers facing disabled
Use of hearsay evidence and taped interviews are among measures designed to make it easier for people with disabilities to give evidence in South Australian courts.
For years, disabled people have complained of discrimination they face because of court processes.
Almost two years after the SA Government was told to address the issue, it has released a discussion paper and started consulting the disability sector.
Those who have experienced the legal system first-hand say the process is taking too long, but Attorney-General John Rau has defended the delays.
Natasha is someone who knows the pain of dealing with the system.
"My heart bleeds every time I hear something, another child's been abused or another disabled adult has been abused by a care worker," she said.
Natasha's son was among seven children who claimed their school bus driver sexually abused them.
But when the case got to court, charges were dropped because of concern about the reliability of the children's evidence.
"My son's teacher, all the kids did disclosures to her on what had happened, but she wasn't allowed to stand up in court or we didn't even get to that process," Natasha said.
"I mean she had books and books of disclosures and behaviour issues and statements."
Such evidence might become admissible in South Australian courts under a plan to change the legislation on evidence.
Using video of interviews with victims or taking evidence before trial in informal surroundings also are being considered.
Challenging feedback will be considered
But Mr Rau is holding back on the details.
"This is a genuine consultation and if the feedback we get in this consultation challenges some of the things that we presently believe are likely, then so be it - they will be challenged and they will be reconsidered," he said.
"This is an insensitivity in our system which we have to try and address so that people can participate fully in all aspects of our community including the justice system."
New guidelines for police are also on the cards.
"I think they would acknowledge that the way things look now there will need to be, for example, new training programs offered to people interviewing people with disabilities, so that they make sure that those people are feeling comfortable and that they're given an opportunity to be heard in a way that is useful to the court system. That is a matter of training," Mr Rau said.
Dignity for Disability MLC Kelly Vincent said she would welcome ways to improve police assistance of prosecutions against abusers, as well as assistance for disabled people charged with an offence.
"I believe police want to the do their job well and in cases such as these that job is communicating with witnesses and perpetrators of crime and so I believe anything that helps them to do that should be welcomed," she said.
Australia's disability discrimination commissioner Graeme Innes is assessing practices across all jurisdictions.
"I don't think this is a problem discrete to South Australia," he said.
"What we need to do is adjust the way that we take evidence and the way that we assess it, because if we don't what we're effectively doing is making people with disabilities, with complex support needs or communication issues, more vulnerable to predators who know that they're at a lower risk if they were to commit crimes against such people."
Natasha questions why it has taken so long to reach the consultation stage in South Australia.
"Better late than never. Personally, this should have been done after our first incident," she said.
"In the radio there's been a lot, in the media there's been a lot of other incidents have happened since then.
We first raised the issues after it happened with our child and that was back in October three years ago."
Mr Rau said the process took time.
"We've had particular criminal offences drawn to our attention such as those horrific instances with bus drivers and so forth," he said.
"We've had the select committee which was inquiring into this matter in the Upper House chaired by the Honourable Kelly Vincent.
"We have had work that I've been doing for the last two years on the particular provision of the Evidence Act, section 34C (a), which was then put into abeyance while Kelly's committee did their work, so that we didn't wind up doing work which needed to be undone and unpicked again. And we have decided that instead of letting all of these individual projects go off in parallel, we are going to bring them together."
The treatment of offenders with disabilities also is being considered in the work.
www.abc.net.au/news/2013-05-22/sa-tackling-legal-barriers-facing-disabled/4705164
Use of hearsay evidence and taped interviews are among measures designed to make it easier for people with disabilities to give evidence in South Australian courts.
For years, disabled people have complained of discrimination they face because of court processes.
Almost two years after the SA Government was told to address the issue, it has released a discussion paper and started consulting the disability sector.
Those who have experienced the legal system first-hand say the process is taking too long, but Attorney-General John Rau has defended the delays.
Natasha is someone who knows the pain of dealing with the system.
"My heart bleeds every time I hear something, another child's been abused or another disabled adult has been abused by a care worker," she said.
Natasha's son was among seven children who claimed their school bus driver sexually abused them.
But when the case got to court, charges were dropped because of concern about the reliability of the children's evidence.
"My son's teacher, all the kids did disclosures to her on what had happened, but she wasn't allowed to stand up in court or we didn't even get to that process," Natasha said.
"I mean she had books and books of disclosures and behaviour issues and statements."
Such evidence might become admissible in South Australian courts under a plan to change the legislation on evidence.
Using video of interviews with victims or taking evidence before trial in informal surroundings also are being considered.
Challenging feedback will be considered
But Mr Rau is holding back on the details.
"This is a genuine consultation and if the feedback we get in this consultation challenges some of the things that we presently believe are likely, then so be it - they will be challenged and they will be reconsidered," he said.
"This is an insensitivity in our system which we have to try and address so that people can participate fully in all aspects of our community including the justice system."
New guidelines for police are also on the cards.
"I think they would acknowledge that the way things look now there will need to be, for example, new training programs offered to people interviewing people with disabilities, so that they make sure that those people are feeling comfortable and that they're given an opportunity to be heard in a way that is useful to the court system. That is a matter of training," Mr Rau said.
Dignity for Disability MLC Kelly Vincent said she would welcome ways to improve police assistance of prosecutions against abusers, as well as assistance for disabled people charged with an offence.
"I believe police want to the do their job well and in cases such as these that job is communicating with witnesses and perpetrators of crime and so I believe anything that helps them to do that should be welcomed," she said.
Australia's disability discrimination commissioner Graeme Innes is assessing practices across all jurisdictions.
"I don't think this is a problem discrete to South Australia," he said.
"What we need to do is adjust the way that we take evidence and the way that we assess it, because if we don't what we're effectively doing is making people with disabilities, with complex support needs or communication issues, more vulnerable to predators who know that they're at a lower risk if they were to commit crimes against such people."
Natasha questions why it has taken so long to reach the consultation stage in South Australia.
"Better late than never. Personally, this should have been done after our first incident," she said.
"In the radio there's been a lot, in the media there's been a lot of other incidents have happened since then.
We first raised the issues after it happened with our child and that was back in October three years ago."
Mr Rau said the process took time.
"We've had particular criminal offences drawn to our attention such as those horrific instances with bus drivers and so forth," he said.
"We've had the select committee which was inquiring into this matter in the Upper House chaired by the Honourable Kelly Vincent.
"We have had work that I've been doing for the last two years on the particular provision of the Evidence Act, section 34C (a), which was then put into abeyance while Kelly's committee did their work, so that we didn't wind up doing work which needed to be undone and unpicked again. And we have decided that instead of letting all of these individual projects go off in parallel, we are going to bring them together."
The treatment of offenders with disabilities also is being considered in the work.
www.abc.net.au/news/2013-05-22/sa-tackling-legal-barriers-facing-disabled/4705164