Disability Justice Project

Cultural and Linguistic Diversity (CALD), Cognitive Disability and the Justice System

FACILITATOR’S GUIDE

This training package that will require the following resources:

Prior to facilitating this training, facilitators must read the Participant Handbook in addition to this Facilitator’s Guide and the PowerPoint Slides.Please also test your technology!

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No. Resource Check

1. Laptop

2. Projector

3. Whiteboard

4. PowerPoint Presentation

5. Participants Manual (one for each participant)

6. Copies of:- Video clips and audio files

7. Whiteboard Markers

8. Butchers Paper

9. Textas/ Marker Pens

10. Bluetac

11. Speakers

12. Pre and Post Evaluations

TRAINING PLANCourse Duration: 1 day: 9.30 am- 16.30 pm

Time Topic/Learning Outcome

Slide/ content Resources Notes

9.00 Setup Check technologyHandout of pre evaluations and workbooksDirect people to Page 4 to write down their expectations

All technologyWorkbooksPre evaluationsSlide: 1

Pre evaluations may have been done online already?

09:30 – 09:45

Welcome Learners will:Be informed of logistics and scope of session

Be provided with a general overview of the course content and expected outcomes of the training

Acknowledgement of Country

Housekeeping

About DJP

Expectations

Today’s Program

Learning Outcomes

Slides: 2-7

Participant Manual pages: 1-4

Whiteboard or butchers paper for expectations

Acknowledgement of Country: unless there is an Aboriginal or Torres Strait Islander person who can either do welcome to country. Also, know which country you are on!

More info on DJP on Page 2 of the Manual

Expectations: get people to share their expectations (If you want to you can do this with individual post it notes or any other way you usually manage expectations)

Be clear on what is within scope and outside scope of the day; write them down; link to Todays’ program and expected Learning Outcomes.

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Time Topic/Learning Outcome

Slide/ content Resources Notes

9:45-10:00

Introductions

Learners will:Undesrstand he idea of diversity based on country of origin (of ancestry) or country of birth (of self)

Introductions Slides: 8+9

Participant Manual: Page 5

As a little warm up/ ice breaker to introduce the diversity of people in the room, you might like to ask people whether they think the diversity in the room reflects the diversity in Australia at largeThis exercise can be done in different ways. Y you can move people physically into continents or you can direct people to their Handbook page 5 where they can mark the places people come from on their Peters Map (make sure you have read the bit about the Peters Map so you can explain the map to people).The Gall–Peters projection is a rectangular map projection that maps all areas such that they have the correct sizes relative to each other. Like any equal-area projection, it achieves this goal by distorting most shapes. The projection is a particular example of the cylindrical equal-area projection in that it sets latitudes 45° north and south as the regions on the map that have no distortion.

10.00 – 10:15

First People FirstLearners will:Develop an appreciation that acknowledgement of the importance and role of First Peoples must be the starting point of any conversation about cultural diversity in

First People First Slide 10: Video excerpt from Babakiueria Participant Handbook: Pages 6+7 Sound

In Australia, no workshop or course on cultural diversity and working alongside people from culturally and linguistically diverse (CALD) backgrounds can be run without first acknowledging and recognising the centrality of Aboriginal and Torres Strait Islander people as the first Nations people. As a facilitator you may like to make the link between the satirical presentation of first colonisation in the video excerpt and the powerful words from the Uluru statement.

We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart: Our Aboriginal and Torres Strait Islander tribes were the first

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Time Topic/Learning Outcome

Slide/ content Resources Notes

Australia sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from ‘time immemorial’, and according to science more than 60,000 years ago. This sovereignty is a spiritual notion: the ancestral tie between the land, or ‘mother nature’, and the Aboriginal and Torres Strait Islander peoples who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors. This link is the basis of the ownership of the soil, or better, of sovereignty. It has never been ceded or extinguished, and co-exists with the sovereignty of the Crown.

You might want to direct people to some of the DJP resources and point out that one of the consequences of the colonisation and dispossession is the overrepresentation of Aboriginal and Torres Strait Islander people in jail, and particularly Aboriginal and Torres Strait Islander people with cognitive disability. DJP has run several courses and has resources on its website in relation to this specific issue.

10:15-10:45

Working with Diversity

Learners will:Explore diversity as beneficial and as challenging

Working with DiversityA peacock in the Land of PenguinsWays of seeing

Participant Handbook: Page 8Slide 11-12: Video The Peacock in the land of Penguins SoundWhiteboardSlide 13: Ways of seeing

Start this off by directing people to page 8 of their workbook and give them 5 minutes to think about the questions and write some reflections down.After 5 minutes ask them to turn to their neighbour and each share one observation.After 2 minutes bring everyone back to the group and share some positive and negative experiences Show video and discuss afterwards. Questions might include: how can we get the most out of diversity? How does that work/ or not work in

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Time Topic/Learning Outcome

Slide/ content Resources Notes

your workplace? What stops diversity from being a benefit? Show Slide 13: With the value of diversity we can see a similar shift to what we have seen in relation to people with disability. A shift from disability to ability, from being depended on welfare to being worth the investment, a shift from can’t do to can do.Such an approach does not deny that there are issues that need to be dealt with and that diversity can cause difficulties, but properly supported and understood it can significantly contribute to us all.If people want to know more about diversity direct them to the resources section of the Handbook.

10:45– 11:15

Asylum Seeker, Refugee or Migrant?

Learners will:Learn the differencesLearn about what Australia is doing in this area

Asylum Seeker, Refugee or Migrant?

Participant Handbook: Page 9

Slides: 14-21

Direct people to page 9 of the handbook and ask them to work together with one (or more) other person to come up with what distinguishes asylum seeker from refugee from migrant. Ask people to write it down.

Then go through the slides. Those slides are also available in the resources section of the Handbook

11:15-11:30

Morning tea Cuppa Slide 22

11:30-11.45

Migrants/Refugees with disability

Migrants/Refugees with disability

Slide 23: Video Deporting DisabilitySound

The video focuses on migrants not refugees. However both refugees and migrants with disability are subjected to a health assessment and essentially people are seen as a burden on society if their estimated

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Time Topic/Learning Outcome

Slide/ content Resources Notes

Learners will:Understand some the difficulites and issues expereinced by refugees and migrants with disability wanting to come to Australia

UNCRPD & key issues affecting refugees and migrants with disability

Slide 24: UNCRPD and key issues

support costs are at a certain level. This clearly flies in the face of the rhetoric of for example the NDIA, which talks about investing in people and people having potential to contribute to society.Irrespective of this, Australia’s practice in relation to people with disability appears to be a clear breach of the UN Convention

11:45-12:30

Who are we talking about? Learner will:Learn about the different defintionsLearn about some of the key issues in relation to CALD, disability and ciminal justice

Who are we talking about?

Key justice system issues for CALD communities

People from CALD communities with cognitive disability and criminal justice

Slides 25-28Participant Handbook: Pages 10-14

Use the handbook pages 10-14 to guide people through the definitions and numbers for

CALD LOTE (Language other than English spoken at home)

(Note that most people do not use NESB anymore because it only focuses on language, but also that CALD means really everyone but in the Australian context it means everyone who is not from an Anglo-Australian/ Anglo- Celtic background). Detailed census data from the 2016 census is not yet available but what we do know is that Australia is becoming more, not less, diverse.Key issues relating to the justice system for CALD communities are on slides 26+27. Be prepared for a discussion about ethnic profiling of police, or perceptions about offending in particular cultures. This is where assumptions and blind spots are popping up. Ask key questions: How do we know this? Who says so? What is the evidence?Finally, in relation to people from CALD with disability and criminal justice system, direct people to page 13 and 14 of the handbook.

There is no publically available data on this population group For the purposes here, we have asked Eileen Baldry one of the

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Time Topic/Learning Outcome

Slide/ content Resources Notes

authors of one of the key reports into this issue (Baldry, E. Dowse, L. and Clarence, M. (2012) People with intellectual and other cognitive disability in the criminal justice system; Sydney, University of New South Wales https://www.mhdcd.unsw.edu.au/) to share what they know from the available data from a cohort of 2,731 individuals who have been in prison in NSW.

However, this information is to be treated with utmost caution because it is not representative and can be used as an indicator only.

In that research 16% of the cohort is identified as coming from a CALD background (note definitions of CALD differ across data sets compared), has similarly high levels of mental and cognitive disability as others in the cohort and the top 4 communities represented are: Vietnam Lebanon Fiji Samoa (Please note that this data is not correlated back to population data and therefore it is not clear whether certain communities are over or under represented in that data set.)

12:30-13.00

Awareness tests

Learners will:

Experience their

No title Slide 29 Video Awareness test 1 Slide 30 Video Awareness test 2

Don't worry too much about introducing the video first. Get straight into it

Make sure the light is off as the quality of the first video is not great. Tell people to follow the instructions and watch carefullyPoint out to those people who have seen this video to not give it away

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Time Topic/Learning Outcome

Slide/ content Resources Notes

own blind spots Sometimes I stop the video before the answer, sometimes I just let it run

Also some people will need to see it a couple of times … You might need to stop when the ‘Moonwalking Bear” is at the centre

Then have a discussion and then show the second videoMost people will now see the Gorilla but most people will miss the

other stuffThey might also make an assumption that they would have gotten it if

we had used the ‘clearer’ version as the first videoPoint is: When you expect something, you see somethingWhen you follow instructions, you might miss the obvious, you miss

the “Moonwalking bear/ Dancing Gorilla”What does that mean when we work with people from CALD

communities with cognitive disability who are in trouble with the law?

Ask people to think/ discuss over lunch how we can ‘open our minds to the moonwalking bear/ Dancing Gorilla”

13:00-13:30

Lunch Slide 31

13.30-14.15

AssumptionsBlind spots Unconscious Biases Learners will:Explore their own biases and assumptions

AssumptionsBlind spots Unconscious Biases

Slide 32Participant Handbook: Page 15

Come back from lunch and discuss what people have thought about /discussed in relation to the Moonwalking Bear/ dancing Gorilla awareness testsDirect people to page 15 of the handbook and then give people 2 or 3 minutes to do the activity.Draw a circle on whiteboard (drawing a circle is challenging; you might like to practice beforehand ;-)

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Time Topic/Learning Outcome

Slide/ content Resources Notes

Understand assumptions, biases and blind spots as part of the human conditionLearn techniques to bust their own assumptions and biases

Unconsious Biases

Slide 33: Video Unconscious Biases

Participant Handbook: Page 16

Slide 34 (video- The Doll Test)

Then go through the exercise together with everyone: If the circle represents all knowledge:

The slice of what we know (thin slice) The slice of what we know that we don't know (a bigger slice) The rest, this is the bit we don't know what we don't know!

(Remember Donald Rumsfeld https://www.youtube.com/watch?v=GiPe1OiKQuk )

The best way to explain this is through new invention or discoveries, before someone ‘discovered’ the microwave (James Clerk Maxwell in 1864) it did not exist, and before the earth was round, it was flat. Cross cultural thinking and cross cultural ‘misunderstandings’ often occur in that space. What is perfectly ‘normal’ in one cultural setting (for example, of course you bring food and wine when being invited), is an insult in another. One of the most profound examples of this happened in the ‘Making of the 10 Canoes’ Movie by Rolf De Heer, where the western notion of ‘make belief, pretence or acting’ did make no sense to the traditional owners of the land whose cosmology saw everything related and connected. And therefore a ‘wrong’ sexual relationship could not be ‘acted’ out.

Show the Unconscious Biases clip and get people to have a look at Page 16 of the Workbook.

One of the key points you want to get across is that it’s all human. It’s not that someone is a bad person, but assumptions, blind spots and biases are part of the human condition and maybe something leftover

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Time Topic/Learning Outcome

Slide/ content Resources Notes

The Doll Test

.. and what do I do with my assumptions, blind spots and unconscious biases?

Slide 35

from our reptilian, cave brain.

The impact of those assumptions, blind spots and biases is significant, Show Doll test video on slide 34.

The Doll test conducted in different countries (this is an Italian video) shows that children as young as three years old are powerfully impacted by assumptions and biases based on race.

“In the 1940s, psychologists Kenneth and Mamie Clark used four dolls, identical except for color, to test children’s racial perceptions. Their subjects, children between the ages of three to seven, were asked to identify both the race of the dolls and which color doll they prefer. A majority of the children preferred the white doll and assigned positive characteristics to it. The Clarks concluded that “prejudice, discrimination, and segregation” created a feeling of inferiority among African-American children and damaged their self-esteem.”

The issue is not to make people wrong, but to increase all of our awareness about our own assumptions, blind spots and biases and creating environments that enable us to challenge each other on those.

Before putting up slide 35 you might like a discussion with participants on what to with those assumptions, blind spots and biases, also participants might have other ideas and suggestions on what can be done…

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14:15-14:30

Culturally Responsive Person Centred Practices Overview: Learners will:Explore parallels and differences in relation to cultural competenency, cultural responsiveness, persone centred practices

Cultural Competence and Person Centred PracticesCulturally Responsive Person Centred PracticeParallels and differences?Key Culturally Responsive Person Centred Practices

Slides 36-41Handbook Pages 17-19

Simply walk people through the 5 slides and people can follow the presentation in the Handbook pages 17-19

Slide 41 identifies six practices that are synonymous with the idea of culturally responsive person centred practice. In the earlier part of the workshop we have already explored the idea of assumptions and have applied some critical thinking to those. Reflective Practice ought to be a standard skill and practice people use in their every day work. It also forms a critical element in checking ones assumptions and biases.The remainder of the workshop will focus on three of the practices:- Empathy- Listening - Choice making.

Note that none of those practices/ skills ought to be something new for people and that the exploration of those practices will focus particularly on their cross cultural applicability.

14:30-15:00

Empathy

Learners will:be able to identify the 4 skills of empathyUnderstand how empathy works cross culturallyLearn about

EmpathyWhat is Empathy?4 Skills of EmpathyAre we biased in our empathy?6 habits of EmpathyThe future of empathy

Slides 42- 47Handbook Pages 19-21

To prepare, read the handbook pages 19-21 and watch the Brene Brown video. Maybe if you want to be a bit inspired by the idea of empathy as a tool for social change, also watch this Jeremy Rifkin video https://www.youtube.com/watch?v=l7AWnfFRc7g

If you have time ask the following question: What is empathy? And note down people’s comments.

Then watch the video (Slide 43 What is empathy?) and then show Slide 44

If you have time, get people to think about the last time someone was empathic with them and whether they did those things identified

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empathy as a tool for social change

in the video? Does the difference between sympathy and empathy ring a bell for people?

Next you might lead a conversation, about do we all have the ability to be empathic and can empathy be learned? The answer is a clear yes to both of those questions.

Ask people: Are you biased in your empathy? Do you experience more empathy towards people who are ‘like you’?

Play audio file from 18.44min time slot for about 4 minutes. The transcript of this is also in the Handbook on page 20.

The last part leads us towards the future: “This is a really important sort of thing because my hope is that the

next generation will come to recognise things like propaganda and what makes certain people in your out-group…because as soon as you're told by your government or your parents or whatever that someone is in your out-group, you just care about them less. And so the hope is that the next generation will come to recognise these patterns of dehumanisation, literally dehumanisation because the networks in your brain that care about someone as another human get dialed down, and that the next generation will become more immune to this”.

If we can learn it we can practice getting better at it. The 6 habits (slide 46) are for that:• Cultivate curiosity about strangers (for example, have one

meaningful conversation with a stranger a day)• Challenge prejudices & discover commonalities ( we have done

that earlier, ask yourself the key questions we recommended earlier; talk to someone different from yourself, step out of your comfort zone and challenge yourself

• Try another person’s life ( a novel, a movie, check out the

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Empathy Museum, walk a mile in someone else’s shoes) • Listen hard—and open up (see the listening conversation below)• Inspire mass action and social change (think campaigns that are

based on empathy and walking a mile in the shoes of people who experiences marginalization, discrimination, etc

• Develop an ambitious imagination (what if, we could have empathy with other people because they are humans ( not because they are part of our clan, group, etc) (see Rifkin video for that)

This takes you to the final slide on empathy (slide 47) as a force for social change.

15:00- 15.15

Afternoon Tea Slide 48

15:15- 15:45

(Deep) listeningLearners will:Explore different ideas about listening and what they mean cross culturally

Listening Cross culturally

Listening Across cultures

Deep listening

Slides 49-51Handbook Pages 21+22

Direct people to page 21 of their workbook and give them a couple of minutes to jot down “the last time someone really listened to you – really listened”.

Slide 50 is a silly little (slightly out-dated video). You might not want to use it, especially if you are running short on time.Deep listening (slide 51): run it to about 15.20 minutes and ask people to note down in their handbook, page 22- What values and priorities may be evident in different cultural understandings of listening?- How can the different ways listening be understood?

Pull out in particular the reference quoted in the handbook (pg 22). This might be particularly relevant for many people with cognitive disability who have told their story over and over again but nothing happens and nothing changes.

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15:45-16.15

Choice MakingLearners will:Explore different beliefs about choice making wihtin a cross cultural contextLearn four tips to enhance choice making

Choice MakingUnderstanding choice makingThe Art of Choosing4 tips for choice making

Slides 52-55Handbook Pages 23-27

Please read the handbook pages 23-27. There you find all information you need to run this session. There are also loads of video links in the resources section if you like.

If you have time you can put up the questions on Understanding Choice Making (Slide 53), and get people to write think about / note their answers on page 23 of their handbook

Then show the video The Art of Choosing (only show it to 17.20 mins; it goes a bit esoteric after that time code;-)

Then go back to the questions and explore in light of the TED talk.Spend some time exploring cross cultural issues of choice makingCritical in all of this discussion is that we do not limit choice making but that choice making is supported in a culturally competent way so that everyone can make the best choices possible. (whatever that is )

Also note for a more hands example for disability support workers, they might want to check out “Decisions, decisions, decisions”: An animated video made by SpeakOut Tasmania designed to teach young people with intellectual disability about choice and decision making https://www.youtube.com/watch?v=WmWO3E1kJT4

16.15- 16.30

Conconditional Positive RegardClosure,EvaluationsCheck out

Conconditional Positive RegardCheck out

Slides 56+57Handbook Page 28

Post Evaluation

Only If you have time: The last video is just a bit of feel good, but also because Carl Rogers really is the big Daddy of person centred work it is an acknowledgement of the kind of ways of being we are looking for in people that will make a difference in the lives of people with cognitive disability

Give people some time to reflect and jot down some notesThere is also an evaluationCheck out… one word that describes where you are now

16.30 The end

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