The Queensland government has failed to act on the findings of a 2022 report that highlighted the devastating experiences of disabled people in the criminal punishment system. This report, commissioned by the Department of Justice and Attorney General and compiled by University of Queensland academics, documented numerous cases of brutality, mistreatment, and systemic failures.
‘The report contained allegations of police brutality and raised concerns that police actions could lead to escalation of behaviour in a person rather than de escalation. It detailed cases where people were interviewed without an independent third party or support, and where police failed to modify their communication practices, leaving participants feeling confused, anxious, and unheard,’ said Debbie Kilroy. ‘Sadly, this is not something we are hearing for the first time. The Police often wield their powers in ways that hinder the human rights of the people in their custody,’ said Debbie Kilroy.
Completed in June 2023, the report included 40 recommendations, such as the need to develop a Queensland Disability Justice Strategy and a First Nations Disability Justice Strategy to better support, assess, and recognize disability within the system. ‘The recommendations of this report were buried and never publicly released, with only a brief 10-page summary published by the university. We want to know why the Government is so concerned about this report seeing the light of day?’ said Tabitha Lean.
The National Network expresses grave concern over the pervasive abuse of women with disabilities in prisons across Australia. Evidence and personal testimonies reveal that disabled women are systematically denied access to necessary support and health care, exacerbating their suffering and leading to inhumane treatment.
Persistent Abuse and Neglect
During visits to prisons, and in work alongside women in prison, the National Network continues to her stories of women in prison having immense challenges in accessing health care to maintain their physical and mental health. ‘Women who display any signs of psychological distress or report any psychiatric issues often receive inadequate care, and many are subjected to solitary confinement, with the prison justifying the confinement as ‘medical isolation’ This practice is tantamount to torture and further harms the mental and physical well-being of these women,’ said Debbie Kilroy. ‘Denying disabled prisoners essential health care because of their criminal status is an abrogation of the state responsibility to keep all of its citizens safe,’ said Debbie Kilroy.
Advocacy for NDIS Access
‘The National Network is advocating for disabled women in prison to have access to the National Disability Insurance Scheme (NDIS). The lack of support within the prison system is stark and the consequences are devastating,’ said Tabitha Lean. ‘Women with disabilities face significant challenges in accessing the same kinds of disability supports available to those in the community and are therefore left to navigate their conditions without proper assistance, leading to deterioration in their health and well-being,’ said Tabitha Lean.
Disabled people in prison have long been caught in a tug of war between the federal and state governments and their respective responsibilities for the provision of health care to the citizens of this country. Instead of receiving the essential services and support disabled prisoners require, they are often neglected and harmed due to a lack of political will to provide whatever is needed to support them while inside and on their release from prison,’ said Tabitha Lean. ‘Access to the NDIS in prisons is essential to ensure disabled people receive the necessary support to manage their disabilities effectively. Equitable access to the NDIS should be based on individual needs, regardless of legal status,’ said Tabitha Lean.
Unheeded Reports and Recommendations
‘The National Network call upon the Queensland government to act on the findings of the 2022 report that highlighted the devastating experiences of people with disabilities in the criminal legal system. We now a document detailing cases after cases of brutality, mistreatment, and state sanctioned abuse. If the government does not act, then it remains wilful in its violence towards disabled prisoners,’ said Debbie Kilroy.
‘The unpublished report includes 40 recommendations, which have yet to be publicly acknowledged or implemented, however, they underscore the urgent need for a comprehensive disability strategy. The National Network call upon the Queensland Government to fund Sisters Inside to enter prisons to support disabled women prisoners to ensure their health needs are being met, as a matter of urgency,’ said Debbie Kilroy.
Call for Immediate Action
The National Network calls on the Queensland government to:
1. Publicly release the full report and its recommendations.
2. Ensure that all people in prison have access to the NDIS and necessary support services.
3. Prohibit the use of solitary confinement as a form of ‘medical isolation’ and ensure humane treatment for all
prisoners.
4. Fund Sisters Inside to support disabled women prisoners, as a matter of urgency
For further comment, please contact Tabitha Lean 0499 780 226 or Debbie Kilroy on 0419 762 474
