Research exposes barriers for First Nations people with disability in justice system

New research from the University of Melbourne’s BlakAbility team has found disability among Aboriginal and Torres Strait Islander people in the criminal justice system is often overlooked or misunderstood, leading to behaviours being punished rather than supported.

The national report, Barriers Within Bars, found disability can go undiagnosed or unsupported due to financial barriers to diagnosis, a lack of culturally safe health services and different cultural understandings of disability.

These factors can increase the risk of contact with the justice system and continue to disadvantage people once they enter it. Bail and court processes may not adequately consider disability or cultural needs, while access to appropriate support can remain limited in custody and after release.

The National Disability Research Partnership (NDRP) funded study was led by University of Melbourne researchers Associate Professor Sheelagh Daniels-Mayes and Dr Sharon Kerr, alongside Dr Aunty Roslyn Sackley from AccessAble Braille Enterprises.

This is the first national Indigenous disability-led research to examine the experiences of Aboriginal and Torres Strait Islander people with disability in Australia's criminal justice system.

Associate Professor Daniels-Mayes said understanding the intersection of disability and First Nations identity was critical to understanding why people were being drawn into and remaining trapped in the justice system.

“When disability goes unrecognised or devalued, behaviour linked to that disability can be misunderstood or ignored. For a First Nations person who may already face barriers to culturally safe support, that can have serious life-long consequences,” Associate Professor Daniels-Mayes said.

“For example, someone experiencing a disabling mental health condition may behave in a way that brings them into contact with police. Instead of being connected with appropriate healthcare and support, their behaviour can be treated as a criminal matter.

“Those disadvantages don’t end once someone enters the justice system. People can face difficulties communicating their needs or understanding legal processes, accessing culturally safe disability support in prison, and finding stable housing and healthcare when they leave.”

Researchers reviewed 177 studies and conducted interviews and consultations with people with lived experience of incarceration, family members, legal aid practitioners, solicitors and academics.

The research also revealed significant gaps in understanding the experiences of Aboriginal and Torres Strait Islander people with disability in the justice system. Of the 177 studies reviewed, only 18 specifically examined the intersection of Indigenous identity, disability and incarceration.

National Disability Research Partnership CEO Mary Sayers said the research highlighted the need to turn decades of evidence into action.

“Previous Royal Commissions and inquiries have identified many of these issues, and this report provides an opportunity to ask what is preventing meaningful change,” Ms Sayers said.

“This research shows why First Nations disability-led research is so important and this is exactly the kind of outcome the NDRP was set up to deliver. This work is a credit to the research team, their co-design approach and a reminder that projects like this depend on continued investment in disability-led research in Australia.”