Department of Premier and Cabinet · Web viewThe defendant has (or is likely to have) a mental illness, intellectual disability, acquired brain injury, autism spectrum disorder and/or

DISABILITY FRAMEWORK FOR ACTION 2005-2010

Annual Report to the

Premier’s Disability Advisory Council (PDAC)

September 2013

Department of Justice

Disability Framework for Action 2005-2010Department of Justice

Annual Report to PDAC

Brief message from the Secretary

I am pleased to advise the Department has made good progress this year with major building work to improve access within the Tasmania Prison Service and the Hobart and Launceston Supreme Courts. I am also pleased to report that the Hobart Magistrates Court has extended its Mental Health Diversion List to include persons with a cognitive disability or an Acquired Brain Injury.

The report includes an update from the Justice representative on the National Justices CEO’s working group on mental illness and cognitive disability within the criminal justice system.

We look forward to working with the Community Development Division and the Premiers Disability Advisory Council for the completion of the new Disability Framework for Action for 2013 to 2017.

This report covers the period 1July 2012 to 30 June 2013

Robert WilliamsActing Secretary12 September 2013

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Annual Report to PDAC1. 1. Access to Services and Programs

Actions/ InitiativesThe Hobart Magistrates Court has extended its Mental Health Diversion List to include persons with a cognitive disability or an Acquired Brain Injury (ABI). Consequently the Mental Health Diversion List will be re-named the “Diversion List”.

New Eligibility Guidelines have been developed for the Diversion.

The Diversion List is a specialist court targeting defendants who have a mental illness and/or impaired intellectual functioning. From July 2013, the following eligibility guidelines apply:

The defendant is charged with a summary offence or an indictable offence trialable summarily.

The defendant has not been charged with an excluded criminal offence that involves serious violence or serious sexual assault, unless the court, at its discretion, considers the harm minor.

The defendant has (or is likely to have) a mental illness, intellectual disability, acquired brain injury, autism spectrum disorder and/or a neurological impairment, including dementia.

The impairment/s cause/s a substantially reduced capacity in at least one of the areas of self-care, self-management, social interaction or communication.

A connection exists between the mental impairment and/or mental illness and the offending behaviour, the defendant being likely to derive benefit from participation in a problem-solving court process.

There is no formal requirement that the defendant plead guilty to any offence before he or she is accepted onto the program, however the objective facts of the offence cannot be contested;

The defendant may not be eligible if the defendant, based on the opinion of Forensic Mental Health Services (Court Liaison) staff, has exhausted all reasonable and available treatment and/or support services for the mental illness and/or impaired intellectual functioning.

The defendant consents to participate in the List, including attending court regularly and following the reasonable directions of FMHS (Court Liaison) staff.

The Court will be inserting these new Guidelines in a revised Procedural Manual that recognises the potential involvement of persons with a cognitive disability or ABI in the Diversion List.

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Annual Report to PDAC Why significant?

The extension of the List to persons with a cognitive disability or ABI is in recognition that this group of people are over-represented in the criminal justice system. The Court has decided to change its way of dealing with people with cognitive disabilities and ABI by providing separate lists or sittings for them with dedicated Magistrates and teams that focus on treatment and support. In this way the special needs of such people and the problems that lead them to Court may be addressed and solved.

By focusing on treatment and support, the Diversion List aims:

1. To assist people to address their disability and ABI needs related to their breaking of the law;

2. To improve community safety and reduce re-offending by people on the List;

3. To improve the psychological and general well-being of people on the List; and

4. To reduce the use of criminal justice punishments for health related behaviours.

Evidence of the Change

Not at this stage.

Emerging Issues/ Challenges

Not at this stage.

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2. Access to Employment Opportunities, Career Development, Retention and Recruitment

Actions/initiativesThe department continues to address these issues as in previous years and provides information to managers within the department to encourage and support the employment of persons with a disability.

The Tasmania Prison Service Integrated Offender Management Unit, particularly Therapeutic Services, works with offenders with special needs on a case-by-case basis. Inmates with special needs may participate in programs while receiving additional support from Therapeutic Services. Additional support may also be provided by external agencies such as Disability Services. In the context of employment opportunities for prisoners, Employment Agencies work with the Tasmania Prison Service (TPS) to assist inmates with disabilities to find employment.

The most significant changeThese actions are a continuation of past actions.

Evidence of the changeNot at this stage

Emerging issues/challenges?The challenge continues for the department in employing people with disabilities in the current financial climate. There is pressure on all managers to consider options when a vacancy is identified. Quite often the vacancy is not filled immediately and this can minimise the opportunities for employing a person with disabilities.

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3. Access to Buildings, Facilities, Venues and Off-Premises Events

Actions/initiativesThe Department of Justice has undertaken the following works to improve access to buildings:

Prison Infrastructure Redevelopment Program Stage D1

For those buildings that are completely new such as Inmate Accommodation, Multi-Trade Centre and Activities Building, all these facilities have been designed to incorporate disability access, disability toilets and disability cells etc. as appropriate to comply with DDA and BCA requirements.

Hobart Supreme Court

Steps within judicial and public access areas of court rooms 1-3 fitted with brass, non-slip, contrast step edging reducing risk of slip or falls by users. The same upgrades have also been undertaken to two stairwells to access Judges Chambers.

Major upgrade of slate public access forecourt area between the Criminal and Civil Court Buildings which included installation of approximately 1600 individual; stainless steel tactical indicators. This has resulted in the steps being less slippery and providing visual definition of step edges.

Judges’ desk bench tops were previously sloped preventing use of laptops computers, alterations have been completed to level bench tops in all courts therefore improving judicial access to technology within courtrooms. This will ensure that where a judge because of a disability requires assistive technology that can be achieved without reassigning court facilities.

New disability access signage has been installed at the entrance Andrew Inglis Clark Law Library on the ground floor providing directions on how to use the primary disability access to court facility.

Works to maintain voice amplification systems in court rooms, these systems amplify human voices to make them louder and clearly heard throughout the courtrooms.

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Annual Report to PDAC Works to maintain personal hearing loops throughout all court

rooms to maintain access for persons with auditory disability.

Design planning associated with planned video conferencing upgrades to Supreme Courts state-wide.

Launceston Supreme Court

*Stair nosing in Courts 1 and 2, court access from Judges chambers Court 2 and Counsel robing room to Court 2.

Upgrade to the disabled toilet on the ground floor.

*Stair nosings are a brass angle that goes on the edge of the steps to provide visual contrast to improve visibility and is also non-slip. (This is a disability improvement for person with vision impairment.)

Launceston and Burnie

Repairs to voice amplification and hearing loops in courtrooms as part of the annual maintenance program.

Department of Treasury and Finance Structured Infrastructure Investment Review Process (SIIRP).

During 2012-13 the Department submitted several major planning studies under SIIRP that would deliver major building improvements if funded:

Strategic Assessment and Option Analysis for a new prison in the north of the state, this new facility would provide accommodation for a range of inmates including those with disabilities.

Preparation of a Business Case for a new Supreme and Magistrates Court in Burnie, this project would overcome a range of issues with the existing facility including providing disability access that meets current standards with courtroom and public use spaces.

Alterations to leased premises

Community Corrections is situated in leased premises and the building owners of the Hobart office have arranged the installation of a lift to gain access to the first floor and there are plans to install a lift in the Launceston office later this year.

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Annual Report to PDACThe most significant changePrison Infrastructure Redevelopment Program

Why significant?Better access to buildings and facilities.

Evidence of the changeAs above

Emerging issues/challenges? Disability improvements that can be achieved under the

Department’s Essential Maintenance Program are limited by budget.

Major works to improve access to Courts and Prisons are subject to major capital funding bids through the Department of Treasury and Finance Structured Infrastructure Investment Review Process (SIIRP).

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4. Access to Information (printed materials, websites, audio & video)

Actions/initiativesThe Department of Justice has raised the issue of web accessibility across the agency by:

promoting the Web Content Accessibility Guidelines 2.0 (WCAG 2.0) and the Australian Government’s Web Accessibility National Transition Strategy;

training staff in creating content that meets compliance; using the (recently acquired) Accessibility Auditor tool for the web

content management system; running web accessibility awareness sessions covering WCAG 2.0 to

assist people with a disability may experience issues when trying to access web content;

The department’s content management system was recently upgraded to enable access to a web accessibility auditing tool for content editors allowing editors to run a report over a web page to identify and provide solutions for errors;

publishing useful information and advice on the Intranet.

The most significant changeThe department’s content management system upgraded to enable access to a web accessibility auditing tool for content editors.

Why significant?The Accessibility Auditor tool gives editors the ability to run a compliance report over a web page and take the necessary steps to address the issues identified. This will improve the Department’s chance of meeting level AA compliance by December 2014.

Evidence of the changeReporting of accessibility related issues by staff has increased.

Emerging issues/challenges?A challenge for the department is meeting accessibility requirements when publishing a rapidly increasing quantity of multimedia (video, audio), online forms and other non-text and dynamic content.

Another emerging issue is the provision of an accessible, device independent web design by December 2014.

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5. Other

Actions/initiativesOther – National Justice CEOs Working Group on Mental Illness and Cognitive Disability in the Justice System & Formal Network on Mental Health and Cognitive Disability

Action/Initiatives

In December 2010, the National Justice CEOs (NJCEOs) Group agreed to establish a working group to investigate mechanisms currently employed in the justice system to address the needs of clients with a mental illness, intellectual disability or acquired brain injuries who are involved with, or at risk of involvement with, the criminal justice system. The group was also asked to investigate the role that the justice system can play in supporting diversion outcomes. A Department of Justice officer represents Tasmania on the working group. The Working Group on Mental Illness and Cognitive Disability started work in July 2011.

In December 2012 the Working Group formalised pre-existing informal intergovernmental networks through the creation of a joint national working group involving representatives from the People with Disability and the Criminal Justice Working Group ((which sits in the disability services portfolio) and the National Forensic Disability Working Group (which sits in the corrective services portfolio) to share information and bring proposals for further work back to NJCEOs for approval in 2013. The Formal Network on Mental Health and Cognitive Disability is a voluntary intergovernmental group with representatives from Attorney-General/justice, corrections and disability service agencies. Two representatives from the Department of Justice (1 from the Magistrates Court and 1 from Corrections) represent Tasmania on the Formal Network. The People with Disability and the Criminal Justice Working Group recently completed a report related to people with cognitive disability and the criminal justice system.

The Formal Network is currently an intergovernmental working group only. Broader community interaction with the Formal Network is not being undertaken at this stage although it may be considered in the future.

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Annual Report to PDACThe purpose of the Formal Network is to improve information sharing across government portfolios within and across jurisdictions on problems and solutions relating to people with mental illness and cognitive disability in contact with the criminal justice system. The Formal Network identified 2 priority issues for further consideration in 2013 by individual sectors of government, in consultation with the Formal Network: Coordinated Service Delivery and the Nature and Duration of detention of persons with mental illness or cognitive impairment.

The Coordinated Service Delivery project delivers to the NJCEOs:

a stocktake of evaluated programs within jurisdictions that provide a case management service to people with mental illness and cognitive disability in, or at risk of entering, the criminal justice system; and

best practice lessons (common components including successful and unsuccessful elements) for both the delivery and evaluation of coordinated service provision that can be applied within individual jurisdictions as applicable.

The Nature and Duration of detention of persons with mental illness or cognitive impairment project incorporated a jurisdictional survey and provided a scoping paper that canvasses the following issues relating to the detention of people with mental illness and cognitive impairment:

indefinite detention; detention in prisons; mechanisms for the review of the need and location for

detention; leave or “step down” mechanisms; and effective treatment.

The project questioned whether any of the issues identified should be progressed at a national level or are best managed by jurisdictions on an individual basis. In short, given the complexities involved, the unique regulatory environments in each jurisdiction and the number of current reviews in this area, it was recommended that these issues are not addressed at a national level at this time.

Why significant?The two projects undertaken as part of the work of the NJCEOs and the Formal Network represent significant national stocktakes and

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Annual Report to PDACsurveys of criminal justice systems and practice that impact directly on persons with disabilities. The above projects provide the NJCEOs with valuable information and best practice across jurisdictions in order to improve the service delivery arrangements and detention arrangements that impact on persons with disabilities in the criminal justice system.

The NJCEOs will meet in October 2013 to consider the projects.

Evidence of the changeNot at this stage.

Emerging issues/challenges?Not at this stage.

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Documents

Department of Premier and Cabinet · Web viewThe defendant has (or is likely to have) a mental illness, intellectual disability, acquired brain injury, autism spectrum disorder and/or