Post by Banjo on Feb 11, 2012 10:38:55 GMT 7
Some good points here.
I will be writing to Ms Vincent and asking her to consider the plight of disabled people subjected to Centrelink interviews and appeals.
Barriers to Justice
2012 certainly looks to be another challenging year for us as members of dignity for disability as we campaign for recognition and rights for people with disabilities. As most of you will be aware, in the days leading up to Christmas 2011, all current
remaining charges against the bus driver at Christies Beach were dropped. This bus driver is alleged to have sexually abused seven children with disabilities whilst he was in their care on the way to or from school.
The reason the charges have been withdrawn relate to fundamental flaws in our
justice system. At present, children with an intellectual disability and communication difficulties are not regarded as reliable witnesses in our adversarial court system.
Since this issue came to light almost 18 months ago, I have been lobbying for changes to our statutes to better accommodate our most vulnerable children. It is ludicrous that a foreign language interpreter can easily be used in our justice system but
an intermediary that facilitates for witnesses – such as an appropriately trained
psychologist or speech therapist - is not currently admissible by our courts.
Currently, there are changes before the lower house of state parliament regarding the use of hearsay evidence in our courts. This will see those that work or live with children or adults with disabilities able to provide evidence in court based on events communicated to them in a variety of methods. This will go some way towards
improving the current problem but there is significant reform needed – not just in
the way our courts are administered, but in the entire culture pervading the legal
system.
From the police on the streets, to our Chief Justice, a significant education campaign is needed to ensure people understand the needs and vulnerabilities of people with disabilities. For PWD, their interactions with our justice system should not be
punctuated by repeated misunderstanding and misgivings.
We all have basic human rights and for PWD to exercise them, more flexibility in our processes is required. People with disabilities are over represented in our justice system - in prisons and as victims – this must change.
Towards the end of the parliamentary sitting year, I established a Select Committee on Access to and Interactions with the South Australian Justice System for People with Disabilities. We will begin hearings in February. If you, anyone you know or
any organisation you are aware of would like to present to this Committee, please
contact my office for further details. You will also be able to tender written
submissions.
I look forward to working with you all in 2012 to empower people with disabilities to adequately access the justice system.
If you have any queries on this, or any of my other work, please contact my office on vincent.office@parliament.sa.gov.au or 8237 9543.
d4d.org.au/Resources/Documents/January%202012%20newsletter%20%28final%29.pdf
I will be writing to Ms Vincent and asking her to consider the plight of disabled people subjected to Centrelink interviews and appeals.
Barriers to Justice
2012 certainly looks to be another challenging year for us as members of dignity for disability as we campaign for recognition and rights for people with disabilities. As most of you will be aware, in the days leading up to Christmas 2011, all current
remaining charges against the bus driver at Christies Beach were dropped. This bus driver is alleged to have sexually abused seven children with disabilities whilst he was in their care on the way to or from school.
The reason the charges have been withdrawn relate to fundamental flaws in our
justice system. At present, children with an intellectual disability and communication difficulties are not regarded as reliable witnesses in our adversarial court system.
Since this issue came to light almost 18 months ago, I have been lobbying for changes to our statutes to better accommodate our most vulnerable children. It is ludicrous that a foreign language interpreter can easily be used in our justice system but
an intermediary that facilitates for witnesses – such as an appropriately trained
psychologist or speech therapist - is not currently admissible by our courts.
Currently, there are changes before the lower house of state parliament regarding the use of hearsay evidence in our courts. This will see those that work or live with children or adults with disabilities able to provide evidence in court based on events communicated to them in a variety of methods. This will go some way towards
improving the current problem but there is significant reform needed – not just in
the way our courts are administered, but in the entire culture pervading the legal
system.
From the police on the streets, to our Chief Justice, a significant education campaign is needed to ensure people understand the needs and vulnerabilities of people with disabilities. For PWD, their interactions with our justice system should not be
punctuated by repeated misunderstanding and misgivings.
We all have basic human rights and for PWD to exercise them, more flexibility in our processes is required. People with disabilities are over represented in our justice system - in prisons and as victims – this must change.
Towards the end of the parliamentary sitting year, I established a Select Committee on Access to and Interactions with the South Australian Justice System for People with Disabilities. We will begin hearings in February. If you, anyone you know or
any organisation you are aware of would like to present to this Committee, please
contact my office for further details. You will also be able to tender written
submissions.
I look forward to working with you all in 2012 to empower people with disabilities to adequately access the justice system.
If you have any queries on this, or any of my other work, please contact my office on vincent.office@parliament.sa.gov.au or 8237 9543.
d4d.org.au/Resources/Documents/January%202012%20newsletter%20%28final%29.pdf